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, October 05, 2006
10:30 AM
City Council Chambers - 3rd Floor
Roll Call / Call to Order
Present: Member Chang, Member Reid, Chair Brunner and Member Brunner
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The Oakland City Council Rules and Legislaton Committee convened at 10:51 |
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AM with Councilmember Reid presiding as Chairperson. |
1
Closed Session
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A motion was made by Chair Brunner, 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, Chair Brunner and Member Brunner
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The City Attorney scheduled a Closed Session for Tuesday, October 17, 2006 at |
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3 PM. |
2
Approval of the Draft Minutes from the Committee meeting of September 21, 2006
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A motion was made by Chair Brunner, seconded by Member Chang, to |
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*Approve the Minutes. The motion carried by the following vote: |
Aye; 4 - Member Chang, Member Reid, Chair Brunner and Member Brunner
3
Determination of Schedule of Outstanding Committee Items
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A motion was made by Member Chang, seconded by Chair Brunner, to |
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*Approve as Submitted. The motion carried by the following vote: |
Aye; 4 - Member Chang, Member Reid, Chair Brunner and Member Brunner
4
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Scheduling of Agenda Items and revisions to the agenda(s) for the Council Committee |
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meetings of October 10, 2006 (SUPPLEMENTAL) |
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A motion was made by Member Chang, seconded by Chair Brunner, to |
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*Approve with the following amendments. The motion carried by the |
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following vote: |
Aye; 4 - Member Chang, Member Reid, Chair Brunner and Member Brunner
S-4-1
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Subject: 2006 DNA Capacity Enhancement Grant |
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From: Oakland Police Department |
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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 An |
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Amount Not To Exceed One Hundred Ten Thousand Dollars ($110,000) From The |
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U.S. Department Of Justice, National Institute Of Justice, (USDOJ/NIJ) For |
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Implementation Of The 2006 DNA Capacity Enhancement Grant Program In The |
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Police Department (06-0664) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/31/2006 |
S-4-2
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Subject: Emerging Crime Trends |
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From: Oakland Police Department |
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Recommendation: Receive An Informational Report From The Chief Of Police On |
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Current And Emerging Crime Trends That Affect The Quality Of Life In The City |
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Of Oakland (06-0809) |
Scheduled to *Public Safety Committee on 10/24/2006
for scheduling
S-4-3
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Subject: Law Enforcement Specialized Units Grant Program |
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From: Oakland Police Department |
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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 Ninety-Five Thousand Seven Hundred And One Dollars ($95,701) From |
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The State Of California, Office Of Emergency Services, Law Enforcement |
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Specialized Units Grant Program, In Supplemental Support Of The Family Violence |
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Intervention Unit In The Police Department; On The October 24, 2006 Public Safety |
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Committee Agenda (06-0823) |
Scheduled to *Public Safety Committee on 10/24/2006
S-4-4
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Subject: 2006 Sobriety Checkpoint Program |
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From: Oakland Police Department |
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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 An |
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Amount Not To Exceed One Hundred Two Thousand Seven Hundred One Dollars |
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And Seventy-Six Cents ($102,701.76) From The University Of California, Berkeley, |
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Traffic Safety Center, Serving As The Fiscal Agent For The State Of California, |
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Office Of Traffic Safety, For The 2006 Sobriety Checkpoint Program To Be |
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Conducted By The Police Department; On The October 24, 2006 Public Safety |
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Committee Agenda (06-0824) |
Scheduled to *Public Safety Committee on 10/24/2006
S-4-5
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Subject: Weed And Seed Initiative |
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From: Oakland Police Department |
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Recommendation: Receive An Informational Report From The Chief Of Police On |
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The Programmatic Evaluation Of The West Oakland Weed And Seed Initiative, |
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Sponsored By The U.S. Department Of Justice, Office Of Justice Programs, |
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Community Capacity Development Office; On The October 24, 2006 Public Safety |
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Committee Agenda (06-0825) |
Scheduled to *Public Safety Committee on 10/24/2006
S-4-6
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Subject: Anniversary of Women's Right to Vote |
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From: Councilmember Nancy Nadel |
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Recommendation: Adopt A Resolution in Recognition Of The 95th Anniversary Of |
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Women In California Winning The Right To Vote (06-0801) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-7
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Subject: Travel Authorization For Vice Mayor Quan And Councilmember Reid |
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Recommendation: Adopt A Resolution Authorizing Vice Mayor Jean Quan And |
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Councilmember Larry Reid To Travel To Reno, Nevada To Attend The National |
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League Of Cities 83rd Congress Of Cities And Exposition, December 5-9, 2006 |
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(06-0805) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/31/2006 |
S-4-8
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Subject: Project Priority Funds - District Five |
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From: Council President De La Fuente |
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Recommendation: Adopt A Resolution Immediately Allocating $100,000 From The |
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Priority Project Funds Of City Council President Ignacio De La Fuente To Oakland's |
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Chabot Space And Science Center (06-0806) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-9
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Subject: National Save For Retirement Week |
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Recommendation: Adopt A Resolution Declaring October 22 Through October 28, |
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2006 As National Save For Retirement Week (06-0808) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-10
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Subject: Impact Of Assembly Bill 2987 |
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Recommendation: Receive An Informational Report On The Impact Of Governor |
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Arnold Schwarzenegger's Signing Of AB 2987, The Video And Cable Service Bill |
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(06-0816) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/31/2006 |
S-4-11
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Subject: Celebrating And Honoring The Oakland Athletics |
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From: Council President De La Fuente |
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Recommendation: Adopt A Resolution Celebrating And Honoring The Oakland |
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Athletics Baseball Team On Winning The American League West Division |
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(06-0817) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
S-4-12
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Subject: Public Art Design - Rockridge-Temescal Greenbelt |
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From: Cultural Arts And Marketing |
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Recommendation: Adopt A Resolution Authorizing A Professional Services |
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Agreement With Mark Brest Van Kempen For Public Art Design And Fabrication |
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Services For The Rockridge-Temescal Greenbelt In An Amount Not To Exceed |
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Sixty Thousand Dollars ($60,000); To Be Scheduled (06-0420) |
Scheduled to *Life Enrichment Committee on 11/14/2006
S-4-13
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Subject: Public Art Design - Professional Services Agreement |
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From: Cultural Arts and Marketing |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To |
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Negotiate And Enter Into A Professional Services Agreement With Lynne-Rachel |
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Altman, Richard Jennings, Biliana Stremska And Daniel Schmidt For Public Art |
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Design, Fabrication And Installation Services For The Measure DD: Children's |
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Fairyland Project In An Amount Not To Exceed Seventy Thousand Dollars |
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($70,000); On The November 14, 2006 Life Enrichment Committee Agenda |
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(06-0811) |
Scheduled to *Life Enrichment Committee on 11/14/2006
S-4-14
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Subject: Oakland Community Action Partnership |
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From: Department of Human Services |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter |
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Into Agreements For A Second Year With Providers For Services In Alignment |
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With The City's Two Year Contract From The State Of California's Department Of |
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Community Services And Development (CSD) For Calendar Years 2006 And 2007; |
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On The November 28, 2006 Life Enrichment Committee Agenda (06-0813) |
Scheduled to *Life Enrichment Committee on 11/28/2006
S-4-15
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Subject: Build West Oakland - Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Adopt An Agency Resolution Authorizing The Agency |
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Administrator To Enter Into An Agreement With 16th Street Train Station, LLC, To |
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Provide Funding In An Amount Not To Exceed $616,757 For The Preservation Of |
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The Baggage Wing Property At The 16th Street Train Station In West Oakland |
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(06-0786) |
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Scheduled to *Community & Economic Development Committee on |
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10/24/2006 |
S-4-16
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Subject: Conley Consulting - Agreement |
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From: Community and Economic Development Agency |
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Recommendation: A Request To Withdraw From The October 24, 2006 Community |
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And Economic Development Committee Agenda A Resolution Authorizing A |
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Professional Services Agreement With Conley Consulting Group To Develop A |
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Citywide Retail Recruitment Strategy And Implementation Plan In An Amount Not |
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To Exceed $485,000; And Reschedule To The November 14, 2006 Community And |
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Economic Development Committee Agenda (06-0787) |
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Scheduled to *Community & Economic Development Committee on |
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11/14/2006 |
S-4-17
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Subject: Design Review Procedures |
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From: Community and Economic Development Agency |
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Recommendation: Adopt An Ordinance To Adopt: 1) Amendments To The Zoning |
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Regulations To Revise Design Review Procedures And Thresholds Citywide And |
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Make Other Minor Zoning Code Revisions; And 2) Amendments To The Zoning |
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Maps To Eliminate The S-14, S-18, And S-19 Combining Zone Overlays; On The |
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December 5, 2006 City Council Agenda (06-0790) |
Continued to *Rules & Legislation Committee on 10/12/2006
for scheduling
S-4-18
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Subject: Traffic Impact Program |
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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 Ordinance Amending The Oakland Municipal Code Title 10, Adding Chapter |
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70, Establishing A Traffic Impact Program (TIP) Pursuant To California |
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Government Code Sections 66000 Through 66025 (Mitigation Fee Act) For The |
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Southeast Portion Of The City Of Oakland, Including Procedural Requirements For |
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The Adoption, Imposition, And Adjustment Of Traffic Impact Fees (TIF); And |
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(06-0807) |
Scheduled to *Community & Economic Development Committee
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2) A Resolution Establishing A Traffic Impact Fee (TIF) Pursuant To Adoption And |
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Implementation Of The Traffic Impact Program (TIP) For The Southeastern Portion Of The City |
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Of Oakland, Including The Adoption And Imposition Of Traffic Impact Fees (TIF) And |
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Designated Projects For Fiscal Year 2007-2009 (06-0807-1) |
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Scheduled to *Community & Economic Development Committee on |
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10/24/2006 |
and on the October 31, 2006 City Council Agenda as a Public Hearing
S-4-19
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Subject: Michael And Margaret Chu - Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Adopt An Ordinance Authorizing The City Administrator, To |
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Enter Into And Execute A Purchase And Sale Agreement With Michael And |
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Margaret Chu For The Purchase Of 2680 Beaconsfield Place APN: |
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(048D-7280-028) Consisting Of About 5,929 Square Feet Of Land Located In The |
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Beaconsfield Canyon For The Fair Market Value Of Sixty Eight Thousand Nine |
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Hundred Dollars ($68,900) Plus Closing Costs Not To Exceed Five Thousand |
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Dollars ($5,000) For The Measure DD Watershed Acquisition Project; On The |
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November 14, 2006 Finance And Management Committee Agenda (06-0818) |
Scheduled to *Finance & Management Committee on 11/14/2006
S-4-20
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Subject: Latham Square And Telegraph Avenue Streetscape |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing The Latham Square And |
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Telegraph Avenue Streetscape Improvement Project On Telegraph Avenue Between |
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Broadway And 20th Street, Including Reducing The Travel Lanes Between 16th |
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And 20th Street; On The November 28, 2006 Community And Economic |
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Development Committee Agenda (06-0819) |
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Scheduled to *Community & Economic Development Committee on |
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11/28/2006 |
S-4-21
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Subject: African American Cultural Center |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Amending Resolution No. 74402 C.M.S. |
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And Resolution No. 77943 C.M.S. To Change The Location Of The African |
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American Cultural Center From 5714 Martin Luther King Jr. Way To 815 51st |
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Street, And To Change The Term Of The Lease Agreement With Children's Hospital |
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Of Oakland From A Ten Year Lease To A Not To Exceed Eighteen Month Lease, |
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With An Option To Purchase The Property For One Dollar; And Authorizing the |
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City Administrator To Exercise The Option To Purchase; On The November 14, |
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2006 Community And Economic Development Committee Agenda (06-0820) |
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Scheduled to *Community & Economic Development Committee on |
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11/14/2006 |
S-4-22
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Subject: St. Francis Electric - Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing An Additional $163,325 Dollars |
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For An Agreement With St. Francis Electric In An Amount Not To Exceed |
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$453,325 For The Historical Demarcation Markers Project In The Oak Center |
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Redevelopment Project Area; On The November 14, 2006 Community And |
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Economic Development Committee Agenda (06-0821) |
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Scheduled to *Community & Economic Development Committee on |
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11/14/2006 |
S-4-23
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Subject: Fox Oakland Theater - Agreement Amendments |
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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 Authorizing Amendments To The Disposition And |
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Development Agreement (DDA) Between The Agency And Fox Oakland Theater, |
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Inc. (FOT), A Non-Profit Entity, Revisions And Supplements To Original |
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Guarantees Required For Tax Credit Financing For The Fox Theater Project And |
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Other Agreements Including: |
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· Modifying The Existing Loan Repayment Guarantee From The Agency To FOT |
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For Conventional Loan To FOT Not To Exceed $6,500,000, And The Existing |
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Contingent Loan Not To Exceed $3,530,000 For Costs Associated With Obtaining |
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Historic Tax Credits And New Markets Tax Credits, To Include Operating Costs |
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Within The Scope Of The Guarantees; |
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· A Guarantee By The Agency In Favor Of The Tax Credit Investment Entities |
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For (A) Completion Of The Fox Theater Rehabiliation Work In Compliance With |
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Applicable Laws And The Historic Tax Credits Requirements, (B) Payment Of |
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Carrying Costs Through Lease Up, And (C) That The Project Is Free Of Liens Upon |
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Completion Of Rehabilitation; |
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· A Guarantee By Agency In Favor Of The Tax Credit Investment Entities |
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Relating To The Historic Tax Credits And New Markets Tax Credits In Event The |
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Tax Credits Are Not Awarded Or Are Recaptured By The Internal Revenue Service |
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As A Result Of Non-Compliance With IRS Tax Credit Requirements By For Or Its |
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Affiliated Entities; |
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· Environmental Indemnification For The Lenders And Tax Credit Investors To |
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Protect Against Existing And Future, Known Or Unknown Environmental Matters; |
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And (06-0822) |
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Scheduled to *Community & Economic Development Committee on |
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10/24/2006 |
S-4-24
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Subject: 330 13th Street LLC - Revocable And Conditional Permits |
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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 Granting 330 13th Street LLC A Revocable And Conditional Permit |
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To Allow An Existing Basement For A Building At 330 13th Street To Encroach |
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Under The Public Sidewalk (06-0826) |
Scheduled to *Public Works Committee on 10/24/2006
S-4-25
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Subject: 1615 Broadway - Revocable And Conditional Permits |
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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 Granting Oakland Cathedral Building LLC A Revocable And |
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Conditional Permit To Allow An Existing Basement For A Building At 1615 |
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Broadway To Encroach Under The Public Sidewalk Along Broadway and Telegraph |
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Avenue (06-0827) |
Scheduled to *Public Works Committee on 10/24/2006
S-4-26
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Subject: 4301 Keller Avenue - Revocable And Conditional Permits |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Hillside Homes Group, Inc., A |
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Revocable And Conditional Permit To Allow A Retaining Wall And Emergency |
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Egress Stairs To Encroach Into The Public Right-Of-Way At 4301 Keller Avenue |
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For The Siena Hill Subdivision (06-0828) |
Scheduled to *Public Works Committee on 10/24/2006
S-4-27
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Subject: 5940 Racine Street - Revocable And Conditional Permit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting The Bravo Family Trust and Danon |
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Living Trust A Revocable And Conditional Permit To Allow The Encroachment Of |
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An Existing Two-Family Residence At 5940 Racine To Remain In The Public |
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Right-Of-Way (06-0829) |
Scheduled to *Public Works Committee on 10/24/2006
S-4-28
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Subject: 1630 San Pablo Avenue - Revocable And Conditional Permits |
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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 Granting Rotunda Garage LP A Revocable And Conditional Permit |
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To Allow A Vault And An Electrical Transformer For A Proposed Building At 1630 |
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San Pablo Avenue To Encroach Under The Public Sidewalk Along San Pablo |
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Avenue (06-0830) |
Scheduled to *Public Works Committee on 10/24/2006
S-4-29
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Subject: 6501 San Pablo Avenue - Revocable And Conditional Permit |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Tri City Lofts LLC A Revocable |
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And Conditional Permit To Allow An Electrical Transformer And Vault For A New |
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Building At 6501 San Pablo Avenue To Encroach Under The Public Sidewalk Along |
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65th Street (06-0831) |
Scheduled to *Public Works Committee on 10/24/2006
S-4-30
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Subject: Construction Of Sanitary Relief Sewers |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Authorizing Award Of A Contract To Andes |
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Construction, Inc. For The Construction Of Sanitary Relief Sewers Along Clay |
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Street, 8th Street, Jefferson Street, 6th Street And Martin Luther King Jr. Way |
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(Project No. C79310) For The Amount Of One Million Nine Hundred Eighty-One |
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Thousand Three Hundred Thirty-Seven Dollars ($1,981,337.00) (06-0814) |
Scheduled to *Public Works Committee on 10/24/2006
S-4-31
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Subject: Utilization Of Funds |
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From: Finance and Management Agency |
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Recommendation: Receive An Informational Report On The Utilization Of Funds |
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Donated By Council Members To External Organizations (06-0840) |
Scheduled to *Finance & Management Committee on 10/24/2006
S-4-32
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Subject: Central District Redevelopment Project Bonds |
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From: Finance and Management Agency |
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Recommendation: Adopt The Following Pieces Of Legislation: |
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1) An Agency Resolution Authorizing The Issuance And Prescribing The Terms, |
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Conditions And Form Of Not To Exceed $37,000,000 Principal Amount Of The |
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Redevelopment Agency Of The City Of Oakland Central District Redevelopment |
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Project Subordinated Tax Allocation Bonds, Series 2006T (Federally Taxable), |
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Approving The Form Of And Authorizing The Execution And Delivery Of A |
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Second Supplemental Indenture Of Trust And A Bond Purchase Contract; |
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Approving The Form Of And Authorizing The Distribution Of A Preliminary |
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Official Statement And Authorizing Execution And Delivery Of An Official |
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Statement; Approving The Selection And Retention Of A Financing Team; |
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Authorizing Payment Of Costs Of Issuance; Allocating Bond Proceeds To Finance |
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Redevelopment Activities In The Redevelopment Project Area; And Authorizing |
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And Approving Necessary Action In Connection Therewith; (TITLE CHANGE) |
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And (06-0841) |
Scheduled to *Finance & Management Committee on 10/24/2006
S-4-33
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Subject: Salary Ordinance Amendment |
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From: Finance and Management Agency |
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Recommendation: Adopt An Ordinance Amending The Salary Schedule Of |
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Ordinance No. 12187 (The Salary Ordinance) To: Add The Permanent Full Time |
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Equivalent Classifications Of Deputy Director Of Police (Non-Sworn) And Grants |
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Coordinator; Amend The Titles Of The Full Time Classifications Complex Manager |
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And Assistant Complex Manager To Facilities/Complex Manager, And Assistant |
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Facilities/Complex Manager Respectively; And To Amend The Effective Date Of |
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The Salary Increase To The Full Time Equivalent Classification, Concrete Finisher |
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From May 30, 2006 To February 4, 2006 (06-0842) |
Scheduled to *Finance & Management Committee on 10/24/2006
ADDITIONAL ITEMS SUBMITTED ON THE DAIS
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Subject: Priority Project Funds - District Three |
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From: Councilmember Nadel |
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Recommendation: Adopt A Resolution Authorizing Immediate Allocation of $100,000 Of |
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Councilmember Nancy J. Nadel's Priority Project Funds To Mandela Foods Cooperative For |
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Tenant/Building Improvements (06-0844) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/31/2006 |
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Subject: Sworn Police Officers |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution To Adopt Rules And Regulations Governing |
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Employer-Employee Relations In City Government Applicable To Sworn Police Officers |
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(06-0845) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
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Adopt An Agency Resolution Restricting The Use Of Low And Moderate Income Housing |
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Funds To Units For Households At 60% Of Area Median Income, With A Preference For |
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Households At 30% Of Area Median Income (06-0846) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
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Subject: American Indian Public Charter School Recognition |
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From: Council President De La Fuente and Vice Mayor Quan |
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Recommendation: Adopt A Resolution To Commend The American Indian Public Charter School |
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For Being Recognized By The United States Department Of Education As A 2006 Blue Ribbon |
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School (06-0847) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 10/17/2006 |
5
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A review of the Agendas for the Concurrent Meeting of ORA/City Council for the meeting |
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of October 17, 2006 and the Rules and Legislation Committee meeting of October 19, 2006 |
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A motion was made by Member Chang, seconded by Chair Brunner, to |
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*Approve as Submitted. The motion carried by the following vote: |
Aye; 4 - Member Chang, Member Reid, Chair Brunner and Member Brunner
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
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 the meeting at 11:21 |
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AM |
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 hours |
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compliance with Oakland's policy for people with environmental illness or multiple chemical |
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sensitivities, please refrain from wearing strongly scented products to meetings. |
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Office of the City Clerk - Agenda Management Unit |
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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