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