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, November 10, 2005
10:30 AM
City Council Chambers - 3rd Floor
Roll Call / Call to Order
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The Oakland City Council Rules and Legislation Committee convened at 10:45 |
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a.m., with Council President De La Fuente presiding as Chairperson. |
COMMITTEE MEMBERSHIP:
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Present: Member Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
The Roll Call was modified to note Vice Mayor Brunner present at 10:50 a.m.
1
Closed Session
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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 Office of the City Attorney scheduled a Special Closed Session Meeting for |
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November 15, 2005 |
2
Approval of the Draft Minutes from the Committee meeting of October 27, 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 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 November 15, 2005 (SUPPLEMENTAL) |
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A motion was made by Member Chang, 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 |
4-1
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Subject: Approval Of The 2006 Meetings Schedule |
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From: Office of the City Clerk |
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Recommendation: A Request To Review And Approve 2006 Meetings Schedule |
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(05-0903) |
Accepted
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The following individual(s) spoke and did not indicate a position on this item: |
4-2
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Subject: Temporary Soil Shoring System |
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From: Community And Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Prentiss Properties Acquisition |
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Partners, L.P., A Revocable And Conditional Permit To Allow A Temporary Soil |
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Shoring For A Building At 2100 Franklin Street To Encroach Under Franklin |
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Street, 21st Street, And 22nd Street (05-0906) |
Scheduled to *Public Works Committee on 12/13/2005
4-3
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Subject: Affordability Agreement With BRIDGE Housing Corporation And |
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Imani Baptist Church |
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From: Community And Economic Development Agency |
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Recommendation: Adopt An Agency Resolution Authorizing Release Of The |
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Affordability Agreement On The Property Located At 10211 Byron Avenue Upon |
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Repayment By BRIDGE Housing Corporation And Imani Baptist Church Of A |
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Redevelopment Agency Affordable Housing Site Acquisition Loan In The Amount |
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Of $366,954 Plus Accrued Interest; On The January 10, 2006 Community And |
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Economic Development Committee Agenda (05-0907) |
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Scheduled to *Community & Economic Development Committee on |
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1/10/2006 |
4-4
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Subject: Amendment To Resolution 2004-08 |
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From: Community And Economic Development Agency |
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Recommendation: Adopt A Resolution Amending Resolution 2004-08 C.M.S., |
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Which Authorized An Affordable Housing Development Loan Of $3,858,424 To |
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Affordable Housing Associates, Inc. For A Project At 4856-4868 Calaveras |
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Avenue, To (1) Raise The Affordability Level And Allow Sales To Households |
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With Up To 110% Of Area Median Income, And (2) Change The Borrower To |
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Community Assets, Inc.; On The January 10, 2006 Community And Economic |
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Development Committee Agenda (05-0908) |
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Scheduled to *Community & Economic Development Committee on |
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1/10/2006 |
4-5
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Subject: Site Acquisition Loan - Conversion |
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From: Community And Economic Development Agency |
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Recommendation: Adopt A Resolution Converting A $127,327 Site Acquisition |
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Loan To The Community Development Corporation Of Oakland For The |
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1574-1590 7th Street Project To An Affordable Homeownership Development |
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Loan; On The January 10, 2006 Community And Economic Development |
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Committee Agenda (05-0909) |
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Scheduled to *Community & Economic Development Committee on |
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1/10/2006 |
4-6
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Subject: 4700 Lincoln Avenue Parking Garage |
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From: Community And Economic Development Agency |
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Recommendation: Adopt A Resolution Conditionally Accepting An Offer Of |
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Dedication Of Public Right-Of-Way For A Relocated Sidewalk At The Entrance |
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To A New Parking Garage At 4700 Lincoln Avenue (05-0910) |
Scheduled to *Public Works Committee on 12/13/2005
4-7
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Subject: Live Oak Pool Deck Replacement Project |
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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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Reject All Bids, To Waive Further Competitive Bidding And To Negotiate And |
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Award A Construction Contract To Bay Construction Company In An Amount |
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Not-To-Exceed Three Hundred And Thirty Seven Thousand Dollars ($337,000.00) |
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For The Live Oak Pool Deck Replacement Project (Project No. G251110) |
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(05-0911) |
Scheduled to *Public Works Committee on 12/13/2005
4-8
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Subject: Broadway Median Improvements |
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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 Agency Resolution Allocating $150,000 From The |
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Broadway/Macarthur/San Pablo Redevelopment Project To The City Of Oakland |
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Under The Cooperation Agreement To Fund Improvements To The Broadway |
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Median From Interstate 580 To College Avenue; And (05-0914) |
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Scheduled to *Community & Economic Development Committee on |
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12/13/2005 |
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The following individual(s) spoke and did not indicate a position on this item: |
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2) A Resolution Accepting And Appropriating $150,000 From The Redevelopment Agency |
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Under The Cooperation Agreement To Fund Improvements To The Broadway Median From |
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Interstate 580 To College Avenue, And Authorizing The City Administrator To Award The |
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Construction Contract For This Project To The Lowest Responsible Bidder Without Returning |
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To Council (05-0914-1) |
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Scheduled to *Community & Economic Development Committee on |
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12/13/2005 |
4-9
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Subject: Mary Helen Joseph - Recognition |
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From: Community And Economic Development Agency |
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Recommendation: Adopt A Resolution Commending Mary Helen Joseph For 16 |
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Years Of Devoted And Dedicated Service And Congratulating Her On Her |
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Retirement From The City Of Oakland (05-0915) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment |
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Agency/City Council on 12/6/2005 |
4-10
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Subject: Ofelia De Guzman - Recognition |
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From: Community And Economic Development Agency |
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Recommendation: Adopt A Resolution Commending Ofelia De Guzman For 18 |
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Years Of Devoted And Dedicated Service And Congratulating Her On Her |
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Retirement From The City Of Oakland (05-0916) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment |
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Agency/City Council on 12/6/2005 |
4-11
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Subject: Amendment To Ordinance 12214 |
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From: Community And Economic Development Agency |
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Recommendation: Adopt An Ordinance Amending Ordinance 12214 C.M.S., |
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Which Authorized The Sale Of Four City-Owned Properties At 9724 And 9745 |
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Thermal Street And 2656 And 2660 98th Ave. To Black Phoenix Development |
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Group For The Development Of Six Homes Affordable To Moderate-Income |
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Households, To Authorize The Sale Of The Properties To Toler Heights Estates |
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LLC, Successor To Black Phoenix, For The Total Fair Market Value Of At Least |
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$950,000 For The Development Of Six Units Of Market-Rate Housing; On The |
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January 10, 2006 Community And Economic Development Committee Agenda |
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(05-0917) |
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Scheduled to *Community & Economic Development Committee on |
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1/10/2006 |
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The following individual(s) spoke and did not indicate a position on this item: |
4-12
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Subject: Local Street And Road Rehabilitation |
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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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Accept And Appropriate $1,844,000.00 Of Proposition 42 Funds For Local Street |
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And Road Rehabilitation In Fiscal Year 2005-2006 (05-0912) |
Scheduled to *Public Works Committee on 12/13/2005
4-13
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Subject: Studio One Art Center Rehabilitation Project |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution To 1) Authorize The City Administrator To |
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Award And Execute A Construction Contract With The Lowest Responsive, |
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Responsible Bidder, BBI Construction For The Construction Of Studio One Art |
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Center Rehabilitation Project (No. C244710) In An Amount Not-To-Exceed Eight |
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Million Two Hundred Thousand Dollars ($8,200,000.00) And Reject All Other |
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Bids, 2) Re-Program Additional Funding Of Up To Two Million Dollars |
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($2,000,000.00) From Brooklyn Basin And Marine Max Project (No. C242710) To |
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Studio One Art Center Rehabilitation Project (No. C244710), And 3) Appropriate |
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Two Million Dollars ($2,000,000.00) From Measure DD Interest Funds To |
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Replenish Brooklyn Basin And Marine Max Project (No. C242710) (05-0918) |
Scheduled to *Public Works Committee on 12/13/2005
4-14
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Subject: T.Y. Lin International/Earthtech - Contract |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Authorizing Amendment No. 1 To The |
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Contract With T.Y. Lin International/Earthtech, Joint Venture (Previously Known |
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As CCS Planning And Engineering/J. Muller International, Joint Venture) For The |
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Lake Merritt Channel Bridge Replacement Project (Project No. G121810) To |
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Extend The Contract And Increase The Scope Of Work The And Contract Amount |
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By Two Hundred Forty-Five Thousand Dollars ($245,000.00) For A Total Amount |
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Not-To-Exceed One Million Three Hundred Forty-Five Thousand Dollars |
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($1,345,000.00), And To Appropriate To The Project An Additional Three |
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Hundred Four Thousand Dollars ($304,000.00) In Federal Highway Funds |
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(05-0919) |
Scheduled to *Public Works Committee on 12/13/2005
4-15
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Subject: Aquatics Masters And Barracuda Aquatics License Agreements |
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From: Office Of Parks And Recreation |
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Recommendation: Adopt The Following Pieces Of Legislation: |
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1) A Resolution Authorizing The City Administrator To Execute A License |
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Agreement Between The City Of Oakland And The Temescal Aquatics Masters |
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For Nonexclusive Use Of Temescal Pool, For A Two Year Term With A One Year |
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Option To Renew; And (05-0920) |
Scheduled to *Life Enrichment Committee on 12/13/2005
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2) A Resolution Authorizing The City Administrator To Execute A License Agreement |
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Between The City Of Oakland And The Oakland Barracuda Aquatics For Nonexclusive Use Of |
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Live Oak Pool, For A Two Year Term With A One Year Option To Renew (05-0920-1) |
Scheduled to *Life Enrichment Committee on 12/13/2005
4-16
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Subject: Ace Kids Golf Program And Girl Sports Program |
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From: Office Of Parks And Recreation |
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Recommendation: Adopt A Resolution Authorizing The City Administrator, On |
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Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In The |
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Amount Of Eighty Thousand Dollars ($80,000) From Friends Of Parks And |
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Recreation For The Office Of Parks And Recreation Ace Kids Golf Program And |
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Girls Sports Program (05-0921) |
Scheduled to *Life Enrichment Committee on 12/13/2005
4-17
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Subject: Public Trust Exchange Agreement At Oakland Army Base |
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From: Oakland Base Reuse Authority |
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Recommendation: Adopt The Following Pieces Of Legislation: |
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1) An Agency Resolution Authorizing The Agency Administrator To Negotiate |
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And Enter Into A Public Trust Exchange Agreement For Property At The Oakland |
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Army Base Among The State Of California Acting By And Through The State |
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Lands Commission, The Oakland Redevelopment Agency , The City Of Oakland, |
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The Oakland Base Reuse Authority, And The Port Of Oakland; And (05-0913) |
*Rescheduled to *Rules & Legislation Committee on 11/17/2005
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The following individual(s) spoke and did not indicate a position on this item: |
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2) A Resolution Authorizing The City Administrator To Negotiate And Enter Into A Public |
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Trust Exchange Agreement For Property At The Oakland Army Base Among The State Of |
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California Acting By And Through The State Lands Commission, The City Of Oakland, The |
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Oakland Redevelopment Agency , The Oakland Base Reuse Authority, And The Port Of |
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Oakland; On The December 13, 2005 Community And Economic Development Committee |
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Agenda (05-0913-1) |
*Rescheduled to *Rules & Legislation Committee on 11/17/2005
For Scheduling
ADDITIONAL REQUEST SUBMITTED ON THE DIAS
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Subject: Hotel Labor Disputes And Issues |
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From: Council President De La Fuente and Vice Mayor Brunner |
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Recommendation: Adopt An Ordinance To Require Hotels Located Within The City Of |
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Oakland To Notify Customers Of The Hotel And Customers Of Any Services Provided On The |
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Hotel's Premises Of Any Current Labor Strike, Management-Initianed Lock-Out Of Employees, |
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Or Boycott Related To A Labor Dispute In Connection With The Hotel And Endorsed By A |
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Labor Organization Certified As A Representatative Of Employees Working On The Hotel's |
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Premises (05-0954) |
Scheduled to *Community & Economic Development Committee
pending list
5
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A review of the Council Committees' actions from November 8, 2005 and determination of |
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scheduling to the ORA/City Council meeting of November 15, 2005 or future dates |
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(MATRIX) |
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A motion was made by Member Chang, seconded by Member Brunner, to |
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Approve as Amended. 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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A review of the Agendas for the Council Committees for the meetings of November 22, |
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2005 and the Rules and Legislation Committee of November 24, 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: |
7
A Review of the Boards and Commissions Vacancy Report
No Action Taken
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The following individual(s) spoke and did not indicate a position on this item: |
8
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Subject: Chapter 3.20 (The Lobbyist Registration Act) - Amendment |
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From: Public Ethics Commission |
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Recommendation: A Continued Discussion And Action On A Report And Recommendation |
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From The Public Ethics Commission To Amend Chapter 3.20 Of The Oakland Municipal Code |
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(aka "The Lobbyist Registration Act") To Provide 1) A Restriction On Elected Officials From |
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Acting As Professional Lobbyists For One Year After Leaving Office; 2) A Limitation On The |
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Amount Of Gifts Lobbyists Can Give To City Officials, Staff And Their Immediate Families; |
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3) Quarterly Disclosure Of A Lobbyist's Fundraising Activities; 4) Quarterly Disclosure Of Any |
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Employment Relationship Among Lobbyists, City Officials And Staff; 5) Disclosure Of The |
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Names And Titles Of The Persons Whom A Lobbyist Attempts To Influence; And 6) |
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Misdemeanor Prosecution For Knowing And Willful Violations Of The Act And A One-Year |
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Practice Ban Upon Conviction (05-0761) |
*Withdrawn with No New Date
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
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The following individual(s) spoke under Open Forum: |
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- Rev. Henry Williams Sr. |
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 11:45 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
