Meeting Minutes
City of Oakland
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Oakland, California 94612 |
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LaTonda Simmons, City 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, September 28, 2006
10:30 AM
City Council Chambers - 3rd Floor
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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 Oakland City Council Rules and Legislation Committee convened at |
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10.54am 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 |
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; 4 - Member Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
2
Approval of the Draft Minutes from the Committee meeting of September 14, 2006
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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 |
3
Determination of Schedule of Outstanding Committee Items
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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 |
4
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Scheduling of Agenda Items and revisions to the agenda(s) for the ORA/City Council |
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meeting of October 3, 2006 (SUPPLEMENTAL) |
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A motion was made by Member Brunner, seconded by Member Reid, to |
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*Approve with the following amendments. The motion carried by the |
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following vote: |
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Aye; 4 - Member Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
S-4-1
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Subject: America Recycles Day |
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From: Vice Mayor Jean Quan |
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Recommendation: Adopt A Resolution Proclaiming Wednesday November 15, |
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2006, As America Recycles Day In The City Of Oakland; On The October 31, |
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2006 City Council Agenda (06-0791) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/31/2006 |
S-4-2
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Subject: Association Of Bay Area Governments Appointments |
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From: Council President De La Fuente |
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Recommendation: Adopt A Resolution Re-Appointing Councilmembers Jane |
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Brunner, Nancy Nadel, And Jean Quan To The Board Of The Association Of Bay |
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Area Governments (ABAG) And Appointing Councilmember Patricia Kernighan |
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As An Alternate For The Two-Year Term Commencing On July 1, 2006 And |
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Ending On June 30, 2008 (06-0793) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-3
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Subject: Priority Project Funds - District Three |
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From: Councilmember Nadel |
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Recommendation: Adopt A Resolution Authorizing Immediate Allocation Of |
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$100,000 Of Councilmember Nancy Nadel's Priority Project Funds To The Alice |
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Learning Center; On The October 17, 2006 City Council Agenda (06-0797) |
*Withdrawn with No New Date
S-4-4
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Subject: Final Map For Tract 7582 |
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From: Community and Economic Development Agency |
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Recommendation: Adopt The Following Pieces of Legislation: |
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1) A Resolution Conditionally Approving The Final Map For Tract 7582 For The |
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Sausal Creek Homes Subdivision At 2470 26th Avenue And Conditionally |
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Accepting Irrevocable Offers Of Dedication For On-Site Public Access And Public |
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Utility Easements; And (06-0696) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-5
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Subject: EastSide Arts And Housing LLC Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing An Owner Participation |
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Agreement With EastSide Arts And Housing LLC To Provide A Residual Receipts |
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Loan In An Amount Not To Exceed $200,000 For Construction Of The EastSide |
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Arts And Housing Project, A Mixed-Use Development At 2285 International |
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Boulevard; On The November 14, 2006 Community And Economic Development |
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Committee Agenda (06-0782) |
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Scheduled to *Community & Economic Development Committee on |
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11/14/2006 |
S-4-6
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Subject: Workforce Training |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing The Agency Administrator To |
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Enter Into A One Year Agreement With The Youth Employment Partnership, Inc. |
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To Provide Workforce Training In The Coliseum Redevelopment Project Area In |
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An Amount Not To Exceed Forty Thousand Dollars ($40,000.00); On The |
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November 14, 2006 Community And Economic Development Committee Agenda |
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(06-0785) |
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Scheduled to *Community & Economic Development Committee on |
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11/14/2006 |
S-4-7
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Subject: Build West Oakland - Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Adopt An Agency Resolution Authorizing The Agency |
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Administrator To Enter Into An Agreement With 16th Street Train Station, LLC, |
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To Provide Funding In An Amount Not To Exceed $616,757 For The Preservation |
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Of The Baggage Wing Property At The 16th Street Train Station In West Oakland |
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(06-0786) |
return for scheduling
S-4-8
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Subject: Conley Consulting - Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing A Professional Services |
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Agreement With Conley Consulting Group To Develop A Citywide Retail |
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Recruitment Strategy And Implementation Plan In An Amount Not To Exceed |
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$485,000; On The October 24, 2006 Community And Economic Development |
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Committee Agenda (06-0787) |
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Scheduled to *Community & Economic Development Committee on |
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10/24/2006 |
S-4-9
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Subject: Rent Adjustment Program Amendment |
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From: Community and Economic Development Agency |
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Recommendation: Adopt The Following Pieces Of Legislation: |
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1) An Ordinance Amending O.M.C. Chapter 8.22, Rent Adjustment Program, To |
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Provide A Set Date For Implementing The Consumer Price Index (CPI) Based |
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Rent Adjustment And New Procedures For Rental Property Owners To Obtain A |
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Certificate Of Exemption; And, (06-0788) |
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Scheduled to *Community & Economic Development Committee on |
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11/14/2006 |
S-4-9-1
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2) A Resolution Approving Amendments To The Rent Adjustment Regulations To |
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Clarify How Rental Property Owners May Take Banked Rent Increases; On The |
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November 14, 2006 Community And Economic Development Committee Agenda |
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(06-0788-1) |
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Scheduled to *Community & Economic Development Committee on |
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11/14/2006 |
S-4-10
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Subject: Sale Of Real Property At 3860 Martin Luther King Jr. Way |
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From: Community and Economic Development Agency |
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Recommendation: Adopt The Following Pieces Of Legislation: |
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1) A Resolution Approving The Sale Of Real Property Located At 3860 Martin |
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Luther King, Jr. Way By The Redevelopment Agency To Cotter And Coyle, LLC |
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For $1,060,000 For The Development Of A 34-Unit Condominium Project; And |
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(06-0789) |
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Scheduled to *Community & Economic Development Committee on |
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10/24/2006 |
S-4-10-1
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2) An Agency Resolution Authorizing The Sale Of Real Property Located At 3860 |
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Martin Luther King, Jr. Way To Cotter And Coyle, LLC For $1,060,000 For The |
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Development Of A 34-Unit Condominium Project, And Authorizing A Disposition |
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And Development Agreement For The Project (06-0789-1) |
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Scheduled to *Community & Economic Development Committee on |
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10/24/2006 |
S-4-11
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Subject: Final Map For Tract 7664 |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Conditionally Approving The Final Map |
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For Tract 7664 To Convert Twenty-Two Rental Housing Units To Residential |
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Condominiums At 5400 Broadway Terrace (06-0796) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-12
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Subject: American Public Works Association Accreditation |
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From: Public Works Agency |
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Recommendation: Hear A Presentation To The Public Works Agency For |
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Achieving National Accreditation By The American Public Works Association on |
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August 15, 2006 (06-0783) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-13
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Subject: Storm Mitigation Measures |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Amending Resolution No. 80046 C.M.S. |
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Adopted On July 18, 2006 Which Appropriated $6,094,763.00 Of City Funds For |
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Emergency Response And Permanent Storm Mitigation Measures To Appropriate |
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An Additional $2,305,143.00 Of City Funds For Three Additional Emergency |
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Permanent Storm Mitigation Measures (For A Total Appropriation Of |
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$8,399,906.00) (06-0784) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/3/2006 |
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The Committee moved, seconded and carried a motion to approve the following |
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urgency finding pursuant to the Sunshine Ordinance Section 2.20.080 E(2) |
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regarding scheduling of this Item: that there is a need to take immediate action |
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which came to the attention of the local body after the agenda was posted, and |
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that the need to take immediate action is required to avoid a substantial adverse |
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impact that would occur if the action were deferred to a subsequent special or |
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regular meeting. |
S-4-14
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Subject: Active Government Solutions Contract |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To |
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Waive The City's Competitve Bidding And Award Process, Authorize A |
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Solicitation Of Proposals Process And Negotiation of A Contract With Active |
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Network, In An Amount Not-To-Exceed $250,000.00 To Purchase An Enterprise |
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Point-Of-Sale (POS) System Which Will Automate The Cash Handling Process |
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Within The City Of Oakland (TITLE CHANGE) (06-0792) |
Scheduled to *Finance & Management Committee on 10/10/2006
S-4-15
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Subject: East Bay Municipal Utility District -Agreement |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To |
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Negotiate And Execute A License Agreement With East Bay Municipal Utility |
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District ("EBMUD") For The Amount Of Zero Dollar ("$0") For The Purpose Of |
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Permitting The City To Place A Public Safety Radio Tower, Portable Structure |
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And Associated Equipment At The Gwin Reservoir Site, Located Off Grizzly Peak |
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Boulevard Near Marlborough Terrace (06-0794) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-16
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Subject: Parking Violation Penalties |
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From: Finance and Management Agency |
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Recommendation: Adopt An Ordinance Amending Oakland Municipal Code |
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Chapter 10.48 "Parking Fines" To Add Section 10.48.030 Authorizing A Fee For |
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The Collection Of Delinquent Penalty Payments And Amending Ordinance No. |
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12676 C.M.S., The Master Fee Schedule, To Add Special Costs Of Collecting |
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Parking Violation Penalties Fees (06-0795) |
Scheduled to *Finance & Management Committee on 10/10/2006
REQUESTS SUBMITTED UPON THE DIAS
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Subject: Inclusionary Housing Ordinance |
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From: Councilmember Brunner |
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Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adding Chapter |
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17.109 To The Oakland Planning Code To Establish An Inclusionary Housing Requirement |
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And Establish Two New Homeowernship Programs For Oakland Teachers, Making Related |
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Amendments To The Oakland Planning Code, Amending Section 15.68.100 Of The Oakland |
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Municipal Code To Permit Affordable Housing Trust Funds To Be Used To Administer And |
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Enforce The Inclusionary Housing Requirement, And Amending The Master Fee Schedule To |
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Establish An Inclusionary Housing In-Lieu Fee; And (06-0838) |
Not Accepted
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Subject: Support Of Proposition 98 |
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From: Councilmember Brunner |
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Recommendation: Adopt A Resolution Supporting Proposition 98, The California Clean |
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Money And Fair Elections Act Of 2006, On The November 7, 2006 Ballot (06-0800) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/3/2006 |
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The Committee moved, seconded and carried a motion to approve the following |
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urgency finding pursuant to the Sunshine Ordinance Section 2.20.080 E(2) |
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regarding scheduling of this Item: that there is a need to take immediate action |
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which came to the attention of the local body after the agenda was posted, and |
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that the matter related to federal or state legislation. |
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Subject: Support Of A Federal "Shield Law" |
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From: Councilmember Brunner |
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Recommendation: Adopt A Resolution Encouraging The Adoption Of A Federal "Shield Law" |
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To Protect Those Who Reveal Information That Is In The Interest And Supporting Journalists |
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In Their Effort To Preserve Their Confidential Sources (06-0799) |
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The Committee moved, seconded and carried a motion to approve the following |
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urgency finding pursuant to the Sunshine Ordinance Section 2.20.080 E(2) |
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regarding scheduling of this Item: that there is a need to take immediate action |
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which came to the attention of the local body after the agenda was posted, and |
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that matter relates to federal or state legislation. |
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The following request to the Planning Commission from Council President De La Fuente was |
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presented on the dias. The City Attorney opined the request was not in the jurisdiction of the |
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Rules Committee and the matter was not approved for scheduling. |
No Action Taken
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An Ordinance to encourage an increase in the homeownership rate among |
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Oakland Residents and to Increase the funds availabe for affordable housing by |
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amending section 16.36 of the Oakland Municipal Code "Conversions to |
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Homeowner Condominiums" In order to establish a conversion fee for owners |
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of apartment buildings who voluntarily seek to convert thier rental units to |
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homeowner units, to cap the number of conversions allowed, to require an |
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annual study of the ordinance's impact, and to increase benefits for Oakland |
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renters to become homeowners |
5
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A review of the Council Committees' actions from September 26, 2006 and determination |
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of scheduling to the ORA/City Council meeting of October 3, 2006 or future dates |
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(MATRIX) |
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A motion was made by Member Brunner, seconded by Member Reid, to |
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*Approve with the following amendments. The motion carried by the |
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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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Subject: Installation Of Stop Signs |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Approving Installation Of Stop Signs On: 1) 32nd |
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Street At Chestnut Street; 2) 100th Avenue At Holly Street; And 3) Acalanes Drive At 105th |
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Avenue (06-0708) |
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*Rescheduled to Concurrent Meeting of the Oakland Redevelopment |
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Agency / City Council on 10/3/2006 |
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Subject: Rent Adjustment Program |
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From: Community and Economic Development Agency |
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Recommendation: Receive An Annual Report Regarding Rent Adjustment Program Income, |
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Costs And Operations For Fiscal Year 2005-2006 And Anticipated Costs For Fiscal Years |
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2006-2009 (06-0718) |
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The City Attorney advised that the Supplemental Report requested by the |
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September 26, 2006 Community and Economic Development Committee |
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regarding a report on the percent of time each attorney spends on the Rent |
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Adjustment program will come to forward at a unspecified future date and not |
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in time with the supplemental for the October 3, 2006 City Council agenda |
FROM THE SEPTEMBER 2006 LIFE ENRICHMENT COMMITTEE
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Subject: Public Art Advisory Committee - Appointment |
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From: Cultural Arts and Marketing |
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Recommendation: Adopt A Resolution Appointing Jennifer Easton As A Member of The |
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Cultural Affairs Commission's Public Art Advisory Committee (06-0712) |
*Rescheduled to *Life Enrichment Committee on 11/14/2006
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Subject: Oakland Fund For Children And Youth - Evaluation |
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From: Department Of Human Services |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A |
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Contract Between The City Of Oakland And Community Crime Prevention Associates In An |
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Amount Not To Exceed $333,783 To Evaluate The Oakland Fund For Children And Youth For |
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The Period of October 1, 2006 Through September 30, 2007 With Two Options Of One Year |
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Each To Renew In An Amount Not To Exceed 3% Of The Revenues Set Aside For |
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Grant-Making For The Oakland Fund For Children And Youth In Each Additional One Year |
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Renewal Term (06-0744) |
*Rescheduled to *Life Enrichment Committee on 10/10/2006
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Subject: Violent Death Reporting System |
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From: Oakland Police Department |
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Recommendation: Receive An Informational Report from the Alameda County Public Health |
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Department "Violence in Oakland" A Public Health Crisis, Violent Death Reporting System |
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2002-2004 (06-0727) |
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*Rescheduled to Concurrent Meeting of the Oakland Redevelopment |
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Agency / City Council on 10/17/2006 |
6
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A review of the Agendas for the Council Committees for the meeting(s) of October 10, |
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2006 |
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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 |
7
A review of the Boards and Commissions Directory and Vacancies
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*Withdrawn and Rescheduled to *Rules & Legislation Committee on |
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10/12/2006 |
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AT 11:38 am PRESIDENT OF THE CITY COUNCIL, DE LA FUENTE, |
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RELINQUISHED THE CHAIR AND AGENCY/COUNCILMEMBER REID |
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PRESIDED AS PRESIDENT PRO TEMPORE. |
S-8
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Subject: Clean Energy Initiative |
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From: Councilmember Pat Kernighan |
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Recommendation: Adopt A Resolution Endorsing State Ballot Proposition 87, The California |
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Clean Energy Initiative (06-0762) |
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A motion was made by Member Brunner, seconded by Member Chang, |
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that this matter be *Approve the Recommendation of Staff, and Forward |
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to the Concurrent Meeting of the Oakland Redevelopment Agency / City |
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Council, due back on October 3, 2006. The motion carried by the following |
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vote: |
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Excused; 1 - Chair De La Fuente |
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Aye; 3 - Member Chang, Member Reid and Member Brunner |
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The Committee moved, seconded and carried a motion to approve the following |
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urgency finding pursuant to the Sunshine Ordinance Section 2.20.080 E(2) |
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regarding scheduling of this Item: that there is a need to take immediate action |
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which came to the attention of the local body after the agenda was posted, and |
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that the need to take immediate action relates to federal or state legislation. |
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
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 the meeting at 11:46 |
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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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Office of the City Clerk - Agenda Management Unit |
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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