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