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, May 26, 2005
10:30 AM
City Council Chambers - 3rd Floor
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The Oakland City Council Rules and Legislation Committee convened at 11:05 |
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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 |
COMMITTEE MEMBERSHIP:
1
Closed Session
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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; 3 - Member Chang, Member Reid and Chair De La Fuente |
June 7, 2005 Closed Session scheduled for Noon to 4:00 P.M.
2
Approval of the Draft Minutes from the Committee meeting of May 19, 2005
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A motion was made by Member Reid, seconded by Member Chang, to |
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*Approve the Minutes. 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 Brunner, 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 June 7, 2005 or future dates |
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A motion was made by Member Chang, seconded by Member Brunner, 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: |
4-1
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Subject: Oakland Firefighters Random Acts |
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From: Oakland Fire Department |
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Recommendation: Adopt A Resolution Authorizing the Oakland Firefighters |
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Random Acts To Continue Its Services To The City Of Oakland, The Community |
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And Honoring Awards To Recipients (05-0383) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 6/7/2005 |
4-2
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Subject: Firefighter/ EMT Evaluation and Testing |
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From: Oakland Fire Department |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To |
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Enter Into A Professional Services Contract With Sandra H. Smith, PhD. For |
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Performance Trait Assessment Evaluation Testing Of Firefighter/EMT And |
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Firefighter/Paramedic Applicants In An Amount Not To Exceed Seventy Two |
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Thousand Nine Hundred Seventy Five Dollars ($72,975.00) For The Period June |
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27, 2005 To June 26, 2008, And Authorizing The City Administrator To Extend |
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Said Contract, One Year At A Time Until June 26, 2010 For A Total Annual |
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Expenditure In Each Year Thereafter Of Twenty Four Thousand Three Hundred |
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Twenty Five Dollars ($24,325.00) (05-0392) |
Scheduled to *Public Safety Committee on 6/14/2005
4-3
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Subject: DR Associates International |
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From: Oakland Fire Department |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To |
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Waive The Competitive RFP/RFQ Requirements And Enter Into A Contract With |
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Dr Associates International For Background And Confidential Investigations Of |
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Firefighter/EMT And Firefighter/Paramedic Applicants In An Amount Not To |
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Exceed Eighty Four Thousand Twenty One Dollars ($84,021.00) For The Period |
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June 27, 2005 Through June 26, 2008, And Authorizing The City Administrator To |
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Extend Said Contract, One Year At A Time Until June 26, 2010, For A Total |
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Annual Expenditure In Each Year Thereafter Of Twenty Eight Thousand Seven |
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Dollars ($28,007.00) (05-0424) |
Scheduled to *Public Safety Committee on 6/14/2005
4-4
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Subject: Oakland Fire Department Metropolitan Medical Response System |
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From: Oakland Fire Department |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To |
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Accept And Appropriate A Grant Of Two Hundred And Twenty Thousand, Seven |
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Hundred And Sixty Four Dollars ($220,764.00) As Part Of The Fiscal Year 2005 |
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Homeland Security Grant Program (HSGP) From The U.S. Department Of |
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Homeland Security Office For Domestic Preparedness (ODP) - Metropolitan |
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Medical Response System (MMRS) To Fund The Oakland Fire Department |
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MMRS Program And Enhance Integrated, Systematic Mass Casualty Preparedness, |
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With Primary Focus On Terrorist Events Involving Radiological, Nuclear, |
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Chemical Biological, Or Explosive Agents (05-0426) |
Scheduled to *Public Safety Committee on 6/14/2005
4-5
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Subject: Comcast Cable Franchise |
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From: Office of the City Administrator and Office of the City Clerk |
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Recommendation: Adopt The Following Pieces Of Legislation: |
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1) An Ordinance Of The City Of Oakland Amending Chapter 5.16 Of Title 5 Of |
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The Oakland Municipal Code To Regulate The Occupancy And Use Of Public |
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Rights-Of-Way By Cable Systems And Open Video Systems, To Provide For |
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Establishment Of Customer Service Standards; Establishing Franchise And |
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Licensing Requirements For Operators Of Such Systems And To Prescribe |
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Minimum Charges, Terms, And Conditions For And Upon The Construction, |
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Maintenance, And Repair Of Such Systems; And (05-0422) |
Scheduled to *Finance & Management Committee on 6/14/2005
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The following individual(s) spoke and did not indicate a position on this item: |
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2) An Ordinance Granting A Cable Franchise To Comcast Of California/Colorado, LLC To |
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Construct And Operate A Cable System To Provide Cable Service Within A Franchise Area |
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Within The City Of Oakland; Establishing The Terms And Conditions Of The Franchise Grant; |
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And Establishing Certain Remedies For The Violation Of The Franchise; and place on the |
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pending list (05-0422-1) |
Scheduled to *Finance & Management Committee on 6/14/2005
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3) An Ordinance Granting A Cable Franchise To Comcast Of California/Colorado, LLC To |
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Construct And Operate A Cable System To Provide Cable Service Within A Franchise Area |
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Within The City Of Oakland; Establishing The Terms And Conditions Of The Franchise Grant; |
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And Establishing Certain Remedies For The Violation Of The Franchise (05-0422-2) |
Scheduled to *Finance & Management Committee on 6/14/2005
4-6
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Subject: Approval of the Special Budget Meeting Agenda for May 31, 2005 |
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From: Office of the City Clerk |
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Recommendation: A Request to Review and Approve the Agenda for the Special |
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Budget Meeting scheduled for May 31, 2005 (05-0449) |
Accepted
4-7
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Subject: Approval of the Agenda for the Special Education Partnership |
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Committee |
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From: Office of the City Clerk |
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Recommendation: A Request to Review and Approve the Agenda for the Special |
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Education Partnership Meeting Scheduled for May 31, 2005 (05-0450) |
Accepted
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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: California Health Care Coalition |
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From: Council President De La Fuente |
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Recommendation: Adopt a Resolution Supporting The California Health Care |
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Coalition's Efforts To Encourage Greater Accountability And Transparency From |
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The Health Care Industry (05-0418) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 6/7/2005 |
4-9
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Subject: Patricia Kernighan Appointment/Composition of Education Partnership |
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Committee |
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From: Council President De La Fuente |
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Recommendation: A Motion To Confirm The City Council President's |
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Appointment Of Councilmember Patricia Kernighan To Various City Council |
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Committees And To Confirm The Composition Of The Education Partnership |
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Committee (05-0419) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council |
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The following individual(s) spoke and did not indicate a position on this item: |
4-10
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Subject: Mayor And City Attorney's Salary |
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Recommendation: Action On A Report And Recommendation On The Mayor And |
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City Attorney's Salary (05-0435) |
Scheduled to *Finance & Management Committee on 6/14/2005
4-11
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Subject: Oakland Economic Development Corporation - Agreement |
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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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Negotiate And Execute An Exclusive Negotiating Agreement With The Oakland |
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Economic Development Corporation, A California Not For Profit Development |
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Corporation, To Pursue The Development Of A Transit Village At The Coliseum |
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BART Station And To Contribute Up To $25,000 To Fund Oakland Economic |
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Development Corporation's Exclusive Negotiating Fee With The San Francisco |
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Bay Area Rapid Transit District (TITLE CHANGE) (05-0251) |
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Scheduled to *Community & Economic Development Committee on |
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6/14/2005 |
4-12
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Subject: Fulton Project Development Group |
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From: Community and Economic Development Agency |
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Recommendation: Adopt An Agency Resolution Approving An Exclusive |
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Negotiation Agreement With Fulton Project Development Group Regarding The |
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Sale And Development Of A Portion Of The Oakland Army Base For Use As A |
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Mixed-Use Entertainment, Retail, Housing, And Film/Television Production |
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Studio (05-0425) |
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Scheduled to *Community & Economic Development Committee on |
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6/14/2005 |
4-13
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Subject: Planned Unit Development on Kenilworth Road |
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From: Community and Economic Development Agency |
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Recommendation: Conduct a Public Hearing And Upon Conclusion Adopt A |
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Resolution Denying The Appeal And Sustaining The Decision Of The City |
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Planning Commission Approving The Application For A Planned Unit |
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Development For Seven Single-Family Residential Lots on Kenilworth Road (Off |
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Strathmoor Drive, In The General Area Between Drury Road and Norfolk |
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Road)(TITLE CHANGE) (05-0434) |
*Rescheduled to *Rules & Legislation Committee
for scheduling
4-14
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Subject: Youth Employment Partnership, Inc. |
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From: Public Works Agency |
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Recommendation: A Request To Withdraw A Report And Recommendation On A |
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Resolution Authorizing A Two-Year Agreement With The Youth Employment |
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Partnership, Inc. To Implement The Team Oakland Program, In An Amount Not |
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To Exceed $249,000; To Be Withdrawn With No New Date (05-0388-1) |
Accepted
This item was previously adopted.
4-15
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Subject: Brookpark Tree Removal |
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From: Public Works Agency |
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Recommendation: A Request To Withdraw From the June 7, 2005 City Council |
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Agenda And Reschedule The Adoption Of A Resolution Denying The Appeal |
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Filed By Robert Bobb Against The Decision Of The Public Works Agency |
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Approving The Issuance Of Tree Removal Permit DR02-123 For Brookpark Road, |
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An Undeveloped Lot, APN 085-0105-040-00, In Order To Build A New Home; on |
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the June 21, 2005 City Council agenda (05-0420) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 6/21/2005 |
4-16
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Subject: Local Street Rehabilitation And Traffic Safety |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To |
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Apply For, Accept, And Appropriate 1) $824,000 Of Federal Surface |
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Transportation Program Funds For Street Rehabilitation; And 2) $901,788 Of |
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Congestion Management Agency Transportation Improvement Program Funds For |
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Local Street Rehabilitation And Traffic Safety (05-0431) |
Scheduled to *Public Works Committee on 6/14/2005
4-17
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Subject: Debt Management Policy and Swap Policy |
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From: Finance and Management Agency |
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Recommendation: Adopt the following pieces of legislation: |
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1) A Resolution Adopting The City Of Oakland's Debt Management Policy and |
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Swap Policy For Fiscal Year 2005-2006 (05-0421) |
Scheduled to *Finance & Management Committee on 6/14/2005
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2) A Resolution Adopting The Oakland Redevelopment Agency's Debt Management Policy |
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and Swap Policy For Fiscal Year 2005-2006 (05-0421-1) |
Scheduled to *Finance & Management Committee on 6/14/2005
4-18
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Subject: Medtronic Physio-Control |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Awarding A Contract To Medtronic-Physio |
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Control For Furnishing Replacement Defibrillator Monitors And Accessory |
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Equipment In An Amount Not To Exceed $856,670.76 In Accordance With |
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Specification No. 03-465-14-1 (05-0423) |
Scheduled to *Finance & Management Committee on 6/14/2005
4-19
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Subject: Investment Policy for Fiscal Year 2005-2006 |
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From: Finance and Management Agency |
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Recommendation: Adopt The Following Pieces of Legislation: |
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1) A Resolutions Adopting The City Of Oakland Investment Policy For Fiscal Year |
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2005-2006 (05-0427) |
Scheduled to *Finance & Management Committee on 6/14/2005
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2) An Agency Resolutions Adopting The Oakland Redevelopment Agency's Investment Policy |
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For Fiscal Year 2005-2006 (05-0427-1) |
Scheduled to *Finance & Management Committee on 6/14/2005
4-20
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Reallocating $2,000,000 Of Measure G |
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Series 2002A Funds, Previously Allocated For Projects At The Oakland Museum |
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Of California, To Projects At The Oakland Zoo (05-0428) |
Scheduled to *Finance & Management Committee on 6/14/2005
4-21
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Subject: Vehicle License Fee |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Approving The Form Of And Authorizing |
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The Execution And Delivery Of A Purchase And Sale Agreement And Related |
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Documents With Respect To The Sale Of The Seller's Vehicle License Fee |
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Receivable From The State; And Directing And Authorizing Certain Other Actions |
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In Connection Therewith (05-0432) |
Scheduled to *Finance & Management Committee on 6/14/2005
4-22
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Subject: Sideshow Activities |
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From: Office of the Mayor |
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Recommendation: Action on A Report and Recommendations Regarding Two |
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Alternatives To Address Sideshow Activities: Alternative No. 1 - An Ordinance |
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Amending Title 9 Of The Oakland Municipal Code To Add Chapter 9.60 (a) |
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Declaring Vehicle Sideshows A Public Nuisance And (b) Prohibiting The |
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Gathering Of Spectators At Such Public Nuisance Events; And Alternative No. 2 - |
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An Ordinance That Includes The Foregoing Provisions And Also Provides For The |
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Forfeiture Of Vehicles Involved In Sideshow Events (05-0429) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 6/7/2005 |
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The following individual(s) spoke and did not indicate a position on this item: |
4-23
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Subject: Seizure And Forfeiture Of Vehicles Used To Solicit Prostitution |
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From: Office of the Mayor |
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Recommendation: Approve the Introduction (First Reading) of An Ordinance |
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Amending Chapter 9.56 Of The Oakland Municipal Code Authorizing Seizure And |
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Forfeiture Of Vehicles Used To Solicit Prostitution Or Acquire A Controlled |
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Substance, To Include As Additional Grounds For Seizure And Forfeiture The |
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Crimes Of Pandering And Pimping, And To Require A Prompt Post-Seizure |
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Hearing (05-0430) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 6/7/2005 |
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The following individual(s) spoke and did not indicate a position on this item: |
FROM THE JUNE 14, 2005 FINANCE AND MANAGEMENT COMMITTEE AGENDA
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Subject: Community Meeting and Police Station - 530 Lake Park Avenue |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A |
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Two-Year Lease With Peter And Helen Shiu For Real Property Located At 530 Lake Park |
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Avenue, For Use As A Community Meeting Facility And Community Police Station In The |
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Annual Amount Of $30,000, Plus Telephone And Utility Costs And One Time Tenant |
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Improvement Cost Of $2,000 For A Total Amount Not To Exceed $40,000 Annually (05-0222) |
*Rescheduled to *Finance & Management Committee on 6/28/2005
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Subject: Purchase Agreement with William T. Neill |
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From: Community Economic and Development Agency |
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Recommendation: Adopt An Ordinance Authorizing The City Administrator To Enter Into A |
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Purchase And Sale Agreement With William T. Neill, The Adjoining Property Owner, To |
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Purchase Approximately 4,500 Square Feet Of City Owned Surplus Real Property Located At |
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51st Street Between Manila And Coronado Avenue For The Fair Market Value Of $4,500 |
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(05-0333) |
*Rescheduled to *Finance & Management Committee on 6/21/2005
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Subject: Grizzly Peak Boulevard |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A City Ordinance Authorizing The City Administrator To Enter Into |
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A Purchase And Sales Agreement To Sell To Brennan Mulligan And Yeung Tsui, The |
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Adjoining Property Owners, Approximately 1,360 Square Feet Of City Owned Surplus Real |
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Property Located At Grizzly Peak Boulevard (APN# 048H-7510-002-00) For The Fair Market |
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Value Of $1,360.00 (05-0363) |
*Rescheduled to *Finance & Management Committee on 6/28/2005
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Subject: 5th Avenue Seismic Retrofit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt an Ordinance Authorizing The City Administrator To Enter Into A |
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Sales Agreement With The California Department Of Transportation (Caltrans) To Sell City |
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Owned Property Located Near Interstate 880 And 5th Ave (Assessor Parcel Number |
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000O-0455-010 (Portion)) And Granting Of Temporary Construction Easements With An |
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Expiration Date Of 1/31/2011 For City Owned Properties (Assessor Parcel Numbers |
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000O-0455-090 And 000O-0455-010) For A Fair Market Value To Be Determined But Not |
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Less Than $195,100 (05-0398) |
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*Rescheduled to Concurrent Meeting of the Oakland Redevelopment |
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Agency / City Council on 6/21/2005 |
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FROM THE JUNE 14, 2005 COMMUNITY AND ECONOMIC DEVELOPMENT |
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COMMITTEE AGENDA |
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From: Community and Economic Development Agency |
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Recommendation: Receive an Informational Report on Conversions of Industrial Land to |
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Other Uses (05-0278) |
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*Rescheduled to *Community & Economic Development Committee on |
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7/12/2005 |
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Subject: Rent Adjustment Program |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Amending Rent Adjustment Program Regulations To |
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Remove The Requirement That One Of Each Of The Three Classes Of Members (Neutral, |
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Landlord, And Tenant) Be Present For Voting Quorum Of The Housing, Residential Rent, And |
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Relocation Board And Provide That A Quorum Is A Simple Majority Of The Members |
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(05-0382) |
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*Rescheduled to *Community & Economic Development Committee on |
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7/12/2005 |
5
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A review of the Council Committees' actions from May 24, 2005 and determination of |
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scheduling to the ORA/City Council meeting of June 7, 2005 or future dates |
Approve as Amended
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The following individual(s) spoke and did not indicate a position on this item: |
6
A review of the Agenda for the ORA/City Council for the meeting of June 7, 2005
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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 |
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The following individual(s) spoke and did not indicate a position on this item: |
7
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Subject: Self-Anchored Suspension For the Bay Bridge |
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From: Councilmember Larry Reid |
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Recommendation: Adopt A Resolution Urging The California Legislature To Retain In State |
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Law The Self-Anchored Suspension Design Of The San Francisco-Oakland Bay Bridge; To |
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Urge The Governor And Caltrans To Advertise That Design For Construction Bids As Soon As |
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Possible; And To Urge The California Legislature And Governor To Promptly Commence |
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Negotiations To Achieve A Fair And Equitable Cost-Sharing Agreement For The Latest Cost |
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Overruns For The Toll Bridge Seismic Retrofit Program (05-0360) |
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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 June 7, 2005. The motion carried by the following |
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vote: |
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Absent; 1 - Chair De La Fuente |
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Aye; 3 - Member Chang, Member Reid and Member Brunner |
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COUNCIL PRESIDENT DE LA FUENTE WAS NOTED ABSENT AT 11:57 |
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A.M. |
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The following individual(s) spoke and did not indicate a position on this item: |
8
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From: Public Works Agency |
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Recommendation: Adopt a Resolution Declaring The City Of Oakland's Support For Senate |
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Bill 523 (Torlakson/Maldonado) For Maintaining Bicycle Transportation Account Funding |
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(05-0364) |
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A motion was made by Member Chang, seconded by Member Brunner, |
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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 June 7, 2005. The motion carried by the following |
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vote: |
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Absent; 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 staff |
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recommendations as amended to include the following changes: 1) Deletion of |
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the following language" and equitable cost sharing agreement" and 2) the |
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addition of the following language: "Resolved: that the State immediately |
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continue the construction of the self anchored suspension design" |
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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 and did not indicate a position on this item: |
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 12:05 P.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
