Meeting Minutes
City of Oakland
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Oakland, California 94612 |
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LaTonda Simmons, Interim City |
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Clerk |
*Rules & Legislation Committee
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Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
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City of Oakland Website: http://www.oaklandnet.com |
Thursday, February 17, 2005
10:30 AM
City Council Chambers - 3rd Floor
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The Oakland City Council Rules and Legislation Committee convened at 10:55 |
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A.M., with Council President De La Fuente presiding as Chairperson. |
Roll Call / Call to Order
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Present: Member Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
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THE ROLL CALL WAS MODIFIED TO NOTE VICE MAYOR BRUNNER |
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PRESENT AT 10:56 A.M. |
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THE ROLL CALL WAS MODIFIED TO NOTE COUNCILMEMBER REID |
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PRESENT AT 10:58 A.M. |
1
Closed Session
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A motion was made by Member Brunner, seconded by Member Chang, to |
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*Approve as Submitted. The motion carried by the following vote: |
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Aye; 3 - Member Chang, Member Brunner and Chair De La Fuente |
2
Approval of the Draft Minutes from the Committee meeting of February 3, 2005
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A motion was made by Member Brunner, seconded by Member Chang, to |
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*Approve the Minutes. The motion carried by the following vote: |
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Aye; 3 - Member Chang, Member Brunner and Chair De La Fuente |
3
Determination of Schedule of Outstanding Committee Items
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A motion was made by Member Chang, seconded by Member Reid, to * |
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Approve as Submitted. The motion carried by the following vote: |
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Aye; 4 - Member Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
FROM THE PENDING LIST/NO SPECIFIC DATE
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Subject: Amendment to the Sunshine Ordinance |
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From: Office of the City Clerk/Public Ethics Commission |
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Recommendation: Adopt an Ordinance amending Chapter 2.20 of the Oakland Municipal |
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Code to require that City Executive Officers provide agenda-related material to the City Clerk; |
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to provide specific exemptions from the definition of agenda related materials; to amend the |
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definition of agenda related materials; to amend the definition of software or hardware failure; |
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and to provide a limited excuse from Public Meeting Notice requirements due to software or |
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hardware impairments (04-0651) |
Scheduled to *Rules & Legislation Committee on 3/3/2005
4
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Scheduling of Agenda Items and revisions to the agenda(s) for the Council Committee |
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meetings of February 22, 2005 (SUPPLEMENTAL) |
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The following individual(s) spoke and did not indicate a position on this item: |
4-1
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Subject: First Responder Advanced Life Support (FRALS) Services Agreement |
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From: Oakland Fire Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to enter |
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into a First Responder Advanced Life Support (FRALS) Services Agreement with |
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Alameda County Emergency Medical Services District for the term July 2004 to |
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June 30, 2009 and to appropriate payment anticipated to be $962,000 for the first |
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year (Based on $37,000 per each of 26 First Responder Paramedic Units), with a 3 |
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% increase per year for the term of the agreement; on the March 22, 2005 Public |
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Safety Committee agenda (05-0114) |
Scheduled to *Public Safety Committee on 3/22/2005
4-2
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Subject: Eminent Domain Litigation |
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From: Office of the City Attorney |
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Recommendation: Adopt a Resolution authorizing and directing the City Attorney |
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to compromise and settle the Eminent Domain Litigation of City of Oakland v. |
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Orkin, Inc. dba Thrifty Oil Company ("Thrifty") in the amount of $326,820 ($131, |
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820 plus the City's $195,000 deposit which Thrifty previously withdrew) as |
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compensation for the City's Condemnation of 862-868 - 98th Avenue for the City's |
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widening of 98th Avenue (San Mateo County Superior Court Action No. 336725) ( |
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05-0115) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 3/1/2005 |
4-3
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Subject: Chicago Climate Exchange |
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Recommendation: Action on a Report and Recommendation for the City of |
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Oakland to negotiate a contract to join the Chicago Climate Exchange, the World's |
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First Multi-National and Multi-sector Market for reducing and Trading Greenhouse |
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Gas Emissions; on the March 8, 2005 Finance and Management Committee agenda |
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(05-0087) |
Scheduled to *Finance & Management Committee on 3/22/2005
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The following individual(s) spoke and did not indicate a position on this item: |
4-4
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Subject: Port of Oakland Billboards |
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Recommendation: Action on a Report regarding Billboards at the Port of Oakland, |
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which will include a review of the City of Oakland's current land use authority |
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billboards at the Port of Oakland and recommendations as to how the City can |
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further regulate the installation of billboards within the City limits, and request to |
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the Port of Oakland to postpone the approval of any new billboards for 45 days (05 |
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-0088) |
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Scheduled to *Community & Economic Development Committee on 3/8/ |
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2005 |
4-5
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Subject: Appointment to the Community Policing Advisory Board |
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From: Council President De La Fuente |
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Recommendation: Adopt a Resolution appointing Brendan Mulholland as a |
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member of the Community Policing Advisory Board representing City Council |
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District 5 (05-0102) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 3/1/2005 |
4-6
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Subject: "Michael Morgan Day" |
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From: Council President De La Fuente |
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Recommendation: Adopt a Resolution honoring Maestro Michael Morgan on his |
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15th Anniversary as the Conductor and Musical Director of the Oakland East Bay |
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Symphony and proclaiming May 20, 2005 as "Michael Morgan Day" in the City of |
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Oakland; on the May 17, 2005 City Council agenda as a Ceremonial item (05-0103 |
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) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 5/17/2005 |
4-7
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Subject: Mariann Mitchell - Service Recognition |
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Recommendation: Adopt a Resolution commending Police Service Technician |
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Mariann Mitchell for selfless acts of kindness above and beyond the call of duty ( |
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05-0104) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 3/1/2005 |
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The following individual(s) spoke and did not indicate a position on this item: |
4-8
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Subject: Victor Bullock - Service Recognition |
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Recommendation: Adopt a Resolution commending Officer Victor Bullock for |
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selfless acts of kindness above and beyond the call of duty (05-0105) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 3/1/2005 |
4-9
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Subject: Riders Case Negotiated Settlement |
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Recommendation: Receive a status report on bringing Oakland Police Department |
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into compliance with the negotiated settlement arising from the Riders case (05- |
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0106) |
Scheduled to *Public Safety Committee
for scheduling
4-10
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Subject: March 2005 as "Arts Education Month" |
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Recommendation: Adopt a Resolution proclaiming March 2005 as "Arts |
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Education Month" (5 minutes) (05-0107) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 3/15/2005 |
4-11
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Subject: West Oakland Bay Trail |
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From: Public Works Agency |
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Recommendation: A request to reschedule from the March 8, 2005 Public Works |
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Committee agenda to the March 22, 2005 Public Works Committee agenda adopt |
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a Resolution authorizing the City Administrator to increase the Change Order |
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Limit by Seventy Thousand One Hundred Seventy-One Dollars ($70,171) on the |
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Construction Contract with Vanguard Construction for the West Oakland Bay |
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Trail, for a total contract amount not-to-exceed Six Hundred Sixty-Nine Thousand |
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and Seventy-Six Dollars ($669,076) (05-0085-1) |
*Rescheduled to *Public Works Committee on 3/22/2005
4-12
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Subject: Leona Quarry Geologic Hazard Abatement District (GHAD) |
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From: Public Works Agency |
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Recommendation: Adopt the following pieces of legislation: |
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1) A Resolution (a) appointing Ignacio De La Fuente as the Chairperson of the |
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Leona Quarry Geologic Hazard Abatement District (GHAD); (b) appointing |
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Richard Clark, of Danville Associates, as the GHAD Treasurer/Clerk; (c) |
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appointing Engeo, Inc. as the GHAD General Manager; (d) appointing Patricia E. |
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Curtin as the GHAD Attorney; (e) authorizing the Chairperson to negotiate and |
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enter into a contract with Richard Clark for Treasurer/Clerk services; and (f) |
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authorizing the Treasurer/Clerk to negotiate and enter into contracts with Engeo, |
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Inc. for general manager services and with Patricia E.Curtin for GHAD attorney |
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services (05-0111) |
Scheduled to *Public Works Committee on 3/8/2005
as a Public Hearing on March 15, 2005
4-13
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Subject: Memorial Park Project |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to reject |
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all bids for the Memorial Park Project, to revise the scope of work, and to negotiate |
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and award a construction contract without return to City Council for an amount not |
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to exceed six hundred and thirty thousand dollars ($630,000) (05-0112) |
Scheduled to *Public Works Committee on 3/8/2005
4-14
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Subject: Amendment to the Master Fee Schedule |
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From: Public Works Agency |
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Recommendation: Approve the Introduction of an Ordinance amending Ordinance |
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Number 12611 C.M.S. (Master Fee Schedule), modifying fees for parking facilities |
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operated by the City of Oakland; on the March 22, 2005 Finance and Management |
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Committee agenda (05-0113) |
Scheduled to *Finance & Management Committee on 3/22/2005
4-15
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Subject: Fiscal Year 2004-2005 Revenue and Expenditure Results |
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From: Office of the City Administrator |
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Recommendation: Action on a Report on Fiscal Year 2004-2005 Second Quarter |
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Revenue and Expenditure Results and Year-End Projections; for City's selected |
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funds (General Purpose, Telecommunications, Contract Compliance, Equipment |
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and Facilities) (05-0108) |
Scheduled to *Finance & Management Committee on 3/8/2005
4-16
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Subject: Assessment Process for the Landscaping and Lighting Assessment |
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District |
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From: Office of the City Administrator |
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Recommendation: Adopt a Resolution initiating the Fiscal Year 2005-2006 |
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assessment process for the City of Oakland Landscaping and Lighting Assessment |
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District and authorizing the City Administrator to order a preliminary Engineer's |
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Report pursuant to the California Streets and Highways Code (05-0109) |
Scheduled to *Finance & Management Committee on 3/8/2005
4-17
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Subject: Assessment Process for the Wildfire Prevention Assessment District |
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From: Office of the City Administrator |
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Recommendation: Adopt a Resolution initiating the Fiscal Year 2005-2006 |
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assessment process for the City of Oakland Wildfire Prevention Assessment |
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District and authorizing the City Administrator to order a preliminary Annual |
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Report pursuant to Oakland Municipal Code (05-0110) |
Scheduled to *Finance & Management Committee on 3/8/2005
5
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A review of the agenda(s) for the Concurrent Meeting of the ORA/City Council meeting of |
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March 1, 2005 and the Rules and Legislation Committee meeting of March 3, 2005 |
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A motion was made by Member Reid, seconded by Member Chang, to * |
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Approve as Submitted. The motion carried by the following vote: |
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Aye; 4 - Member Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
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The following individual(s) spoke and did not indicate a position on this item: |
6
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Subject: Amendment to Chapter 3.20 of The Oakland Municipal Code |
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From: The Public Ethics Commission |
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Recommendation: Action on a Report and Recommendation from the Public Ethics |
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Commission to amend Chapter 3.20 of the Oakland Municipal Code (aka "The Lobbyist |
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Registration Act") to provide 1) a restriction on elected officials from acting as professional |
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lobbyists for one-year after leaving office; 2) a limitation on the amount of gifts lobbyists can |
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give to city officials, staff and their immediate families; 3) quarterly disclosure of a lobbyist's |
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fundraising activities; 4) quarterly disclosure of any employment relationship among lobbyists, |
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city officials and staff; 5) disclosure of the names and titles of the persons whom a lobbyist |
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attempts to influence; and 6) misdemeanor prosecution for knowing and willful violations of |
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the act and a one-year practice ban upon conviction (05-0029) |
Continued to *Rules & Legislation Committee on 3/3/2005
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The following individual(s) spoke in favor of this item: |
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The following individual(s) spoke and did not indicate a position on this item: |
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
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The following individual(s) spoke under Open Forum: |
Adjournment
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There being no further business, and upon the motion duly made, the Oakland |
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City Council Rules and Legislation Committee adjourned at 11:28 A.M. |
NOTE:
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Americans With Disabilities Act |
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If you need special assistance to participate in Oakland City Council and Committee meetings |
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please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 |
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hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. |
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Also, in compliance with Oakland's policy for people with environmental illness or multiple |
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chemical sensitivities, please refrain from wearing strongly scented products to meetings. |
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Recorded Agenda: (510) 238-2386 |
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Telecommunications Display Device: (510) 839-6451 (TDD) |
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In the event a quorum of the City Council participates on this Committee, the meeting is |
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noticed as a Special Meeting of the City Council; however, no final City Council action can |
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be taken. |
City Clerk and Clerk of the Council
