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