Meeting Minutes
City of Oakland
Oakland, California 94612 |
LaTonda Simmons, 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, November 16, 2006
10:30 AM
City Council Chambers - 3rd Floor
Roll Call / Call to Order
The Oakland City Council Rules and Legislation Committee convened at 10:50 |
AM with Council President De La Fuente presiding as Chairperson. |
1
Closed Session
2
Approval of the Draft Minutes from the Committee meeting of November 2, 2006
There was no action necessary for this item
3
Determination of Schedule of Outstanding Committee Items
There was no action necessary for this item
4
Scheduling of Agenda Items and revisions to the agenda(s) for the ORA/City Council |
meeting of November 21, 2006 (SUPPLEMENTAL) |
S-4-1
Subject: Cable Franchise Fees |
From: Office of the City Auditor |
Recommendation: Receive An Informational Report On Cable Franchise Fees Due |
From Comcast Cable For The Two Years Ended December 31, 2005 |
Scheduled to *Finance & Management Committee on 12/12/2006
The following individual(s) spoke and did not indicate a position on this item: |
S-4-2
Subject: Communications Technology Cluster Payments |
From: Office of the City Auditor |
Recommendation: Receive An Informational Report On The Performance Audit |
Of Payments Made To An Agreement Entered Into On Behalf Of Communications |
Technology Cluster For The Period Covering March 2, 1999 Through October 24, |
2006; For Scheduling |
Continued to *Rules & Legislation Committee on 11/30/2006
for scheduling
S-4-3
Subject: Oil Independent Oakland Procedures |
From: Councilmember Nancy Nadel |
Recommendation: Adopt An Ordinance Establishing the Procedures Of The"Oil |
Independent Oakland By 2020" Task Force And Providing The Terms And |
Responsibilities Of The Task Force Members |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 12/5/2006 |
S-4-4
Subject: Priority Project Funds - District Seven |
From: Councilmember Larry Reid |
Recommendation: Adopt A Resolution Authorizing Immediate Allocation Of |
$15,000 From Councilmember Larry E. Reid's Priority Project Funds To Oakland's |
Potter House To Assist At Risk Youth And Their Families In The Reunification |
Process By Facilitating Healthy Relationships While Providing Support Through |
Workshops |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 12/5/2006 |
S-4-5
Subject: Priority Project Funds - District Five |
From: Council President De La Fuente |
Recommendation: Adopt A Resolution Immediately Allocating $3,636 From City |
Council President Ignacio De La Fuente's Priority Project Funds To "The Crucible" |
For A Nine Week After School Workshop For Edna Brewer Middle School |
Students For The Creation Of 30 Metal Flowers As Part Of A School |
Beautification Project |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 12/5/2006 |
The following individual(s) spoke and did not indicate a position on this item: |
S-4-6
Subject: Gang Prevention And Intervention Services |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To |
Execute Agreements Between The City Of Oakland And Project Re-Connect For |
An Amount Not To Exceed $85,000 And The Oakland Unified School District |
Office Of Alternative Education For An Amount Not To Exceed $255,000 To |
Provide Gang Prevention And Intervention Services In Accordance With The |
Violence Prevention And Public Safety Act Of 2004 For The Period Of January 1, |
2007 To December 31, 2007 With A One Year Option To Renew |
Scheduled to *Public Safety Committee on 12/12/2006
S-4-7
Subject: Suncal Project At Oak Knoll |
From: Community and Economic Development Agency |
Recommendation: Action On A Report On The Provision Of Affordable Housing |
As Part Of The Proposed Development By Suncal Oak Knoll In The Oak Knoll |
Redevelopment Area, And Direction On The Reallocation Of Surplus Central City |
East Affordable Housing Units To Meet All Or A Portion Of The Affordable |
Housing Area Production Requirements For Oak Knoll |
Withdrawn and Rescheduled to Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council on 12/5/2006 |
S-4-8
Subject: Butters Land Trust |
From: Community and Economic Development Agency |
Recommendation: Adopt An Ordinance Authorizing The City Administrator To |
Negotiate And Execute A Purchase And Sale Agreement With Butters Land Trust |
For The City's Purchase Of 11,960 Square Feet Of Land Located On Butters Drive |
(APN 029-1167-012) For The Fair Market Value Of One Hundred Eighty-Five |
Thousand Dollars ($185,000) Plus Closing Costs Not To Exceed Five Thousand |
Dollars ($5,000) For The Measure DD Watershed Acquisition Project; On The |
December 12, 2006 Finance And Management Committee Agenda |
*Withdrawn with No New Date
S-4-9
Subject: MacArthur Transit Village |
From: Community and Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing The Agency |
Administrator To Execute A Non-Binding Letter Of Intent With MacArthur |
Transit Community Partners, LLC, Towards An Owner Participation Agreement |
For The MacArthur Transit Village Project At The MacArthur BART Station, And |
Authorizing A Predevelopment Grant For This Project For An Amount Not To |
Exceed $1.5 Million |
Scheduled to *Community & Economic Development Committee on |
12/12/2006 |
S-4-10
Subject: Zephyr Gate Subdivision |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Pulte Homes Corporation A |
Revocable And Conditional Permit To Allow Electrical Transformers And Vaults |
For The Zephyr Gate Subdivision At 1203 - 1333 Wood Street To Encroach Under |
The Public Sidewalk Along Wood Street, 12th Street, And 14th Street |
Scheduled to *Public Works Committee on 12/12/2006
S-4-11
Subject: Final Map For Tract 7687 |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Conditionally Approving The Final Map For Tract 7687 For The |
Zephyr Gate Subdivision At 1203-1333 Wood Street And Conditionally Accepting |
Irrevocable Offers Of Dedication For Public Right-Of-Way And Public Access |
And Utility Easements; And |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 12/19/2006 |
S-4-12
Subject: Parking Meter Zones |
From: Public Works Agency |
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Title |
10, Chapter 10.36, Section 10.36.140 To Clarify And Comprehensively Set Forth |
Parking Meter Zones Throughout The City Of Oakland |
Scheduled to *Finance & Management Committee on 11/28/2006
The following individual(s) spoke and did not indicate a position on this item: |
S-4-13
Subject: East 12th Street Bikeway Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Of Oakland To |
Apply For, Accept, And Appropriate Up To Three Hundred Thousand Dollars |
($300,000.00) In Fiscal Year 2006-2007 Alameda County Measure B Bicycle And |
Pedestrian Discretionary Funds For The East 12th Street Bikeway Project, 2nd To |
38th Avenues |
Scheduled to *Public Works Committee on 11/28/2006
S-4-14
Subject: Regional Bikeway Gap Closures Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Of Oakland To |
Apply For, Accept, And Appropriate Up To Three Hundred Thousand Dollars |
($300,000.00) In Fiscal Year 2007-2008 Bicycle Transportation Account (BTA) |
Funds For The Market/27th Streets Regional Bikeway Gap Closures Project |
Scheduled to *Public Works Committee on 11/28/2006
The following individual(s) spoke and did not indicate a position on this item: |
S-4-15
Subject: Park Capital Improvement Projects |
From: Public Works Agency |
Recommendation: Adopt A Resolution Adopting A Park Project Prioritization List |
For City Of Oakland Park Capital Improvement Projects |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 12/19/2006 |
as a Non-Consent item
S-4-16
Subject: Miller & Van Eaton - Professional Services Agreement |
From: Office of the City Administrator |
Recommendation: Adopt A Resolution Authorizing The City Administrator To |
Execute A Professional Services Agreement Between The City Of Oakland And |
Miller & Van Eaton In An Amount Not To Exceed $80,000 To Represent The City |
Of Oakland In Cable Television Franchise Renewal Negotiations With Comcast |
And For Providing Advice To City Council And City Staff Regarding Franchise |
Renewal Negotiations For The Period January 1, 2006 Through June 30, 2007 |
With One Option Of One Year To Renew |
Scheduled to *Finance & Management Committee on 12/12/2006
ADDITIONAL ITEMS SUBMITTED ON THE DAIS
Subject: Landscaping And Lighting Assessment District Activities |
From: Public Works Agency |
Recommendation: Adopt A Resolution Adopting Policy Recommendations For The City Of |
Oakland To Manage Landscaping And Lighting Assessment District (LLAD) Funded Activities |
Without A LLAD Increase |
Scheduled to *Finance & Management Committee on 11/28/2006
Subject: Special Retail Commercial Zone |
From: Councilmember Jane Brunner |
Recommendation: Action On An Urgency Measure Pursuant To Government Code Section |
65858 Amending Chapter 17.48 (C-312 Special Retail Commercial Zone) Establishing A |
Condition Use Permit Requirement For General Retail And General Food Sales For Buildings |
15,000 Square Feet And Over |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 12/5/2006 |
This item will also appear on the December 19, 2006 City Council Agenda
Subject: Winn Schwyhart - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing Agency Counsel To |
Compromise And Settle The Case Of Oakland Redevelopment Agency v. Winn Schwyhart, In |
The Amount Of $625,000, As A Result Of An Eminent Domain Action Commenced By The |
Redevelopment Agency To Facilitate The Uptown Project Development |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 12/5/2006 |
5
A review of the Council Committees' actions from November 14, 2006 and determination |
of scheduling to the ORA/City Council meeting of December 5, 2006 (MATRIX) |
A motion was made to *Approve with the following amendments. The |
motion carried. |
The following individual(s) spoke and did not indicate a position on this item: |
FROM THE NOVEMBER 14, 2006 PUBLIC WORKS COMMITTEE MEETING
Subject: Children's Fairyland Project |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Appropriating Measure DD Bond Interest Money To |
The Children's Fairyland Project (C241810) In The Amount Of One Hundred Eighty-One |
Thousand Dollars ($181,000.00) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
City Council on 12/5/2006 |
FROM THE NOVEMBER 14, 2006 COMMUNITY AND ECONOMIC DEVELOPMENT |
COMMITTEE MEETING |
Subject: EastSide Arts And Housing LLC Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing An Owner Participation |
Agreement With EastSide Arts And Housing LLC To Provide A Residual Receipts Loan In An |
Amount Not To Exceed $249,000 For Permanent Financing Of The EastSide Arts And Housing |
Project, A Mixed-Use Development At 2277-2289 International Boulevard |
*Withdrawn with No New Date
Subject: Conversions To Homeowner Condominiums |
From: Council President De La Fuente, Councilmembers Brooks and Chang |
Recommendation: Adopt An Ordinance To Implement The "Affordable Homes For Oaklanders |
Plan" By: |
1. Amending O.M.C. Chapter 16.36 (Condominium Conversion) To Do The Following: |
Permit Owners Of Residential Property To Pay Fees For A Housing Trust Fund In-Lieu Of |
Providing Conversion Rights For The Conversion To Homeowner Condominiums; Require |
Purchase Price Discounts And Closing Cost Assistance For Tenants Purchasing Their Units; |
Increase Relocation Assistance To Tenants Who Do Not Purchase Their Units; Establish A |
Limit Of 800 Converted Units Per Year; And Require An Annual Report; And |
2. Amending The Master Fee Schedule To Adjust Application Fees For Conversions To |
Homeowner Condominiums (TITLE CHANGE) |
It was noted that this item should be returning to Committee in the form of an |
ordinance |
FROM THE NOVEMBER 14, 2006 LIFE ENRICHMENT COMMITTEE MEETING
Subject: 2005-2006 Final Evaluation Report-Oakland Fund For Children And Youth |
From: Department Of Human Services |
Recommendation: Adopt A Resolution Adopting The Oakland Fund For Children And Youth |
Final Evaluation Report For Fiscal Year 2005 - 2006 |
This item was scheduled to the Non-Consent calendar
6
A review of the Agendas for the Council Committees for the meeting(s) of November 28, |
2006 and the Rules and Legislation Committee of November 30, 2006 |
A motion was made to *Approve with the following amendments. The |
motion carried. |
The following individual(s) spoke and did not indicate a position on this item: |
ON THE NOVEMBER 28, 2006 FINANCE AND MANAGEMENT COMMITTEE AGENDA
Subject: Utilization Of Funds |
From: Finance and Management Agency |
Recommendation: Receive An Informational Report On The Utilization Of Funds Donated By |
Council Members To External Organizations |
This item should be item 2.1 for scheduling
Subject: Cash Management Report |
From: Finance and Management Agency |
Recommendation: Receive An Informational Cash Management Report For The Quarter Ended |
September 30, 2006 |
ON THE NOVEMBER 28, 2006 COMMUNITY AND ECONOMIC DEVELOPMENT |
COMMITTEE AGENDA |
Subject: EastSide Arts And Housing LLC Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing An Owner Participation |
Agreement With EastSide Arts And Housing LLC To Provide A Residual Receipts Loan In An |
Amount Not To Exceed $249,000 For Permanent Financing Of The EastSide Arts And Housing |
Project, A Mixed-Use Development At 2277-2289 International Boulevard |
*Withdrawn with No New Date
Subject: Traffic Impact Program |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following |
Pieces Of Legislation: |
1) An Ordinance Amending The Oakland Municipal Code Title 10, Adding Chapter 70, |
Establishing A Traffic Impact Program (TIP) Pursuant To California Government Code |
Sections 66000 Through 66025 (Mitigation Fee Act) For The Southeast Portion Of The City Of |
Oakland, Including Procedural Requirements For The Adoption, Imposition, And Adjustment |
Of Traffic Impact Fees (TIF); And |
2) A Resolution Establishing A Traffic Impact Fee (TIF) Pursuant To Adoption And |
Implementation Of The Traffic Impact Program (TIP) For The Southeastern Portion Of The |
City Of Oakland, Including The Adoption And Imposition Of Traffic Impact Fees (TIF) And |
Designated Projects For Fiscal Year 2007-2009 |
*Withdrawn and Rescheduled to *Community & Economic Development |
Committee on 12/12/2006 |
This item will also appear as a public hearing on the December 19, 2006 City |
Council Agenda |
Subject: St. Francis Electric - Agreement |
From: Public Works Agency |
Recommendation: Adopt Resolutions Authorizing The City Administrator, Or Her Designee, |
To 1) Award A Construction Contract To St. Francis Electric For The Oak Center Historical |
Marker Project (No. P260210) In The Amount Of Four Hundred Fifty-Three Thousand Three |
Hundred Twenty-Five Dollars ($453,325.00); and 2) Allocate $163,325.00 Of Oak Center |
Redevelopment Project Area Tax Increment Funds To The Project |
*Withdrawn with No New Date
ON THE NOVEMBER 28, 2006 LIFE ENRICHMENT COMMITTEE AGENDA
Subject: Oakland Community Action Partnership |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into |
Agreements For A Second Year With Oakland's Community Action Partnership's Anti-Poverty |
Service Providers For Calendar Year 2007 In Accordance With Resolution No. 79739 C.M.S. |
*Withdrawn and Rescheduled to *Life Enrichment Committee on |
12/12/2006 |
Subject: Oakland Even Start Program |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The |
City Of Oakland, To Accept The Even Start Family Literacy Grant For Program Year |
2006-2007 From The State Of California Department Of Education In The Amount Of |
$172,500 For The City Of Oakland Even Start Program |
*Withdrawn and Rescheduled to *Life Enrichment Committee on |
12/12/2006 |
ON THE NOVEMBER 28, 2006 PUBLIC SAFETY COMMITTEE AGENDA
Subject: Violence Prevention And Public Safety Act Of 2004 (Measure Y) |
From: Office of the City Administrator |
Recommendation: Receive An Informational Report Regarding Implementation Of The |
Programs And Services Funded By The Violence Prevention And Public Safety Act Of 2004 |
(Measure Y) From The City Administrator's Office, Department Of Human Services, Oakland |
Police Department And Oakland Fire Department |
*Withdrawn and Rescheduled to *Public Safety Committee on 12/12/2006
7
A Review of the Boards and Commission Directory and Vacancies
A motion was made to *Approve as Submitted. The motion carried.
The following individual(s) spoke and did not indicate a position on this item: |
8
Subject: Lobbyist Registration Act Amendment |
From: Public Ethics Commission |
Recommendation: An Ordinance Amending 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 Campaign 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 |
A motion was made that this matter be *Approve as Amended the |
Recommendation of Staff, and Forward to the Concurrent Meeting of the |
Oakland Redevelopment Agency / City Council, due back on December 5, |
2006. The motion carried. |
The Committee approved recommendations as amended to add department |
heads, specifically the classifications of City Administrator, City Clerk and |
Budget Director, to the positions restricted by the ordinance |
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
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*
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