body,date,text,page,path
RulesAndLegislationCommittee,2009-01-15,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
1852 2002
Meeting Minutes
Oakland, California 94612
OAKLAND
LaTonda Simmons, City Clerk
Grawing fit are 150
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, January 15, 2009
10:30 AM
City Council Chambers - 3rd Floor
Roll Call / Call to Order
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Present: Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
1
Closed Session
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A motion was made by Member De La Fuente, seconded by Member
Quan, to *Approve as Submitted. The motion carried by the following
vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
The office of the City Attorney scheduled a Closed Session for Tuesday,
January 20, 2009 from 4 PM to 6 PM
2
Approval of the Draft Minutes from the Committee meeting of January 1, 2009
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There was no action necessary for this item
3
Determination of Schedule of Outstanding Committee Items
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A motion was made by Member Reid, seconded by Member De La Fuente,
to *Approve as Submitted. The motion carried by the following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
01-15 Rules Pending
View Report.pdf
City of Oakland
Page 1
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RulesAndLegislationCommittee,2009-01-15,"*Rules & Legislation Committee
Meeting Minutes
January 15, 2009
4
Scheduling of Agenda Items and revisions to the agenda for the ORA/City Council meeting
of January 20, 2009 (SUPPLEMENTAL)
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A motion was made by Member De La Fuente, seconded by Member
Quan, to *Approve with the following amendments. The motion carried by
the following vote:
Votes: Absent; 1 - Member Reid
Aye; 3 - Member Quan, Chair Brunner and Member De La Fuente
01-15 Rules Item 4
View Report.pdf
S-4-1
Subject:
Permitted Bingo Operations - Annual Hall Fees
From:
Office of the City Administrator
Recommendation: A Request To Withdraw From The March 3, 2009 City Council
Agenda The Following Pieces Of Legislation:
1) An Ordinance Amending Oakland Municipal Code Chapter 5.10, ""Bingo"" To: 1)
Require A Bingo Hall Permit When The Bingo Hall Operator Is A Separate Entity
From The Bingo Game Operator, 2) Specify Application Requirements For Bingo
Halls, 3) Prohibit Bingo Hall Operators From Charging Bingo Game Operators
More Than Fair Market Value For The Facilities, Goods And Services Provided By
The Halls, 4) Prohibit Bingo Hall Operators From Transactions With Bingo Game
Operators When Specified Familial And/Or Business Relationships Exist Between
The Two Entities, 5) Subject Bingo Hall Operators To Audit Of Their Oakland
Bingo Activities, 6) Specify That The Annual Bingo Hall Permit Fee, Audit Fee,
And Police Services Fee Are Established By The Master Fee Schedule, 7) Establish
That The Bingo Game Operators' Fee For Law Enforcement And Public Safety
Costs Is Established By The Master Fee Schedule, 8) Require That Most Profits Or
Proceeds Be Donated To Oakland Charitable Causes Annually, 9) Require Bingo
Game Permittees To Conduct Traditional Called Bingo Every Day That Electronic
Bingo Is Available, 10) Prohibit Use Of Illegal Bingo Machines, 11) Provide For
Administrative Penalty For Violations, 12) Prohibit Door Prize Bingo Games, 13)
Add Criteria For Denial, Suspension, Revocation, Or Conditional Approval Of
Permits, And 14) Increase The Maximum Game Pay-Out From $250 To $500
(TITLE CHANGE); And
07-1233
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 3/3/2009
View Report.pdf
View Supplemental Report.pdf
View Report.pdf
City of Oakland
Page 2
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RulesAndLegislationCommittee,2009-01-15,"*Rules & Legislation Committee
Meeting Minutes
January 15, 2009
2) An Ordinance Amending Ordinance Number 12809 C.M.S. (Master Fee Schedule), As
Amended, To Move The Annual Bingo Hall Fee From Chapter 5.10 To The Master Fee
Schedule, To Establish A Monthly Fee For Bingo Game Operators To Offset The City's Costs Of
Law Enforcement And Public Safety, And To Include In The Annual Bingo Hall Permit Fee That
Portion Of Law Enforcement And Public Safety Costs Attributable To Bingo Halls; And
Reschedule To The March 24, 2009 Public Safety Committee Agenda
Reason: Based On Additional Discussions With Bingo Operators, Staff Plans To Make Changes
To The Proposed Amendments. Also, Staff Will Submit The Annual Bingo Report For 2008 In
Conjunction With The Revised Proposals.
07-1233-1
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 3/3/2009
The following individuals spoke on this item:
- Paulette Hogan
S-4-2
Subject:
Sidewalk Safety And Maintenance - Liability
From:
Office of the City Attorney
Recommendation: A Request To Withdraw From The January 20, 2009 City Council
Agenda An Ordinance Of The City Of Oakland Adding Chapter 12.22 To The
Oakland Municipal Code To Establish Landowner Responsibility And Liability For
Sidewalk Safety And Maintenance; And Reschedule To The February 3, 2009 City
Council Agenda
Reason: Councilmember Nadel Has Been Asked By District 3 Constituents To
Request That The Rules Committee Reschedule The Sidewalk Liability Issue To A
Day Other Than Inauguration Day Because It Is A Very Controversial Issue
07-1731
Play Video
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 2/3/2009
The following individuals spoke on this item:
- Paulette Hogan
View Report.pdf
View Report.pdf
View Supplemental Report.pdf
City of Oakland
Page 3
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RulesAndLegislationCommittee,2009-01-15,"*Rules & Legislation Committee
Meeting Minutes
January 15, 2009
S-4-3
Subject:
Schedule For The Week Of February 9, 2009
From:
Office of the City Clerk
Recommendation: A Request To Review The Meeting And Agenda Production And
Distribution Schedule For The Week Of February 9, 2009
09-0030
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Referred to Staff
The following individuals spoke on this item:
- Sanjiv Handa
S-4-4
Subject:
Fuels Management Report
From:
Councilmember Jean Quan
Recommendation: A Request To Withdraw From the February 10, 2009 Public
Safety Committee Agenda A Report On The Status Of The City Of Oakland
Regional Fuels Management Project PDMC-PJ-CA-2006-004 And Issues Related
To The Environmental Assessment For The Project; With No New Date
07-1910
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*Withdrawn with No New Date
The following individuals spoke on this item:
- Paulette Hogan
- Sanjiv Handa
S-4-5
Subject:
Solar Power Financing Program
From:
Council President Brunner
Recommendation: Adopt A Resolution And Implementation Plan To Create An
""Oakland First"" Solar Power Financing Program; On The February 24, 2009
Finance And Management Committee Agenda
09-0029
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Scheduled to *Finance & Management Committee on 2/24/2009
S-4-6
Subject:
Public Arts Plan
From:
Cultural Arts and Marketing
Recommendation: Adopt A Resolution Adopting The 2009 Public Art Projects Plan
09-0010
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Scheduled to *Life Enrichment Committee on 2/10/2009
The following individuals spoke on this item:
- Paulette Hogan
City of Oakland
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RulesAndLegislationCommittee,2009-01-15,"*Rules & Legislation Committee
Meeting Minutes
January 15, 2009
S-4-7
Subject:
Central City East Formation Procedures Amendment
From:
Community and Economic Development Agency
Recommendation: Adopt A Resolution Amending The Formation Procedures For
The Central City East Redevelopment Project Area Committee: 1) To Remove The
Age Requirement For Existing Community Organization Appointees; And 2) To
Add Castlemont Leadership Preparatory High School And Mandela High School As
Alternating ""At Large"" Community Organizations
09-0019
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Scheduled to *Community & Economic Development Committee on
2/10/2009
S-4-8
Subject:
Lion Creek Crossings - Phase IV
From:
Community and Economic Development Agency
Recommendation: Adopt One Of The Following Pieces Of Legislation:
1) A City Resolution Amending The General Plan Land Use Designation For The
Project Site From Mixed Housing Type Residential And Urban Residential To
Neighborhood Center Mixed Use;
09-0026
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Scheduled to *Community & Economic Development Committee on
2/24/2009
2) A City Ordinance Adopting An Amendment To The Coliseum Area Redevelopment Plan
Revising The Land Use Designation For The Project Site From Mixed Housing Type Residential
And Urban Residential To Neighborhood Center Mixed Use;
09-0026-1
Play Video
Scheduled to *Community & Economic Development Committee on
2/24/2009
3) An Agency Resolution Approving And Recommending Adoption Of An Amendment To The
Coliseum Area Redevelopment Plan Revising The Land Use Designation For The Project Site
From Mixed Housing Type Residential And Urban Residential To Neighborhood Center Mixed
Use;
09-0026-2
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Scheduled to *Community & Economic Development Committee on
2/24/2009
City of Oakland
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RulesAndLegislationCommittee,2009-01-15,"*Rules & Legislation Committee
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January 15, 2009
4) A City Ordinance Rezoning The Project Site From The R-36 Small Lot Residential, R-50
Medium Density Residential And M-30 General Industrial Districts To The C-25 Office
Commercial District; And
09-0026-3
Play Video
Scheduled to *Community & Economic Development Committee on
2/24/2009
5) A City Resolution Affirming And Sustaining The Planning Commission Decision To Approve
The Development Permits (Design Review, Conditional Use Permit, And Variances) For The
Project; On The February 24, 2009 Community And Economic Development Committee
Agenda; And As A Public Hearing On The March 3, 2009 City Council Agenda
09-0026-4
Scheduled to *Community & Economic Development Committee on
2/24/2009
This item will also appear as a Public Hearing on the March 3, 2009 City
Council Agenda
The following individuals spoke on this item:
- Paulette Hogan
- Sanjiv Handa
S-4-9
Subject:
Revocable And Conditional Permit - 1755 Broadway LLC
From:
Community and Economic Development Agency
Recommendation: Adopt A Resolution Granting 1755 Broadway LLC A Revocable
And Conditional Permit To Allow An Existing Basement For A Building At 1755
Broadway To Encroach Under The Public Sidewalk Along Telegraph Avenue; On
The February 24, 2009 Public Works Committee
09-0027
Scheduled to *Public Works Committee on 2/24/2009
S-4-10
Subject:
Broadway/MacArthur/San Pablo Area Façade Improvement Program
From:
Community and Economic Development Agency
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Agency Resolution Allocating $300,000 To The Broadway/MacArthur/Sar
Pablo Redevelopment Project Area Façade Improvement Program And $300,000 To
The Broadway/MacArthur/San Pablo Redevelopment Project Area Tenant
Improvement Program; And
09-0028
Scheduled to *Community & Economic Development Committee on
2/10/2009
City of Oakland
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January 15, 2009
2) An Agency Resolution Reallocating $500,000 From The Downtown Tenant Improvement
Program (Retail Entertainment Catalyst Project) To The Downtown Façade Improvement
Program
09-0028-1
Scheduled to *Community & Economic Development Committee on
2/10/2009
ADDITIONAL ITEMS SUBMITTED ON THE DAIS
Subject:
Foster Media, Inc. Agreement
From:
Councilmember Patricia Kernighan
Recommendation: A Request To Withdraw From The February 10, 2009 Community And
Economic Development Committee Agenda A Resolution Authorizing The City Administrator
To Enter Into A Relocation Agreement With Foster Media, Inc. To Relocate Its Office Facilities
From San Francisco To The City Of Oakland And To Establish Operational Facilities In The City
Of Oakland In Exchange For A General Outdoor Advertising Permit For An Outdoor Advertising
Display To Be Constructed At 277 - 5th Street; With No New Date
09-0017
*Withdrawn and Rescheduled to *Community & Economic Development
Committee on 2/10/2009
Subject:
Spur Track Maintenance
From:
Office of the City Administrator
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Rescinding No. 80939 C.M.S. Adopted December 4, 2007, To: 1) Restore
Resolution No. 23515 C.M.S., Passed August 30, 1949, Which Granted A Revocable Permit For
The Maintenance And Operation Of A Spur Track On And Across 23rd Avenue, 29th Avenue,
Derby Street, Lancaster Street And Ford Street And Upon And Along Glascock Street Between
29th Avenue And Lancaster Street In The City Of Oakland (""Fruitvale Track"") And 2) Withdraw
Previous Direction Regarding The Filing Of An Action For ""Adverse Abandonment"" Of The
Fruitvale Track With The Department Of Transportation Surface Transportation Board, And
09-0031
Scheduled to *Community & Economic Development Committee on
1/27/2009
View Report.pdf
View Supplemental Report.pdf
City of Oakland
Page 7
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January 15, 2009
2) A Resolution Authorizing The City Administrator To Negotiate And Execute A Letter Of
Understanding And Subsequent Cooperative Agreement With The California Department Of
Transportation (""Caltrans"") To Close The Railroad Crossing At 5th Avenue, Known As The
Hanlon Lead, Provided That Certain Railroad Safety And Community Improvements Are
Implemented On And Around The Fruitvale Track With Funding Provided By Caltrans, All In
Connection With Caltrans 5th Avenue Seismic Retrofit Project
09-0031-1
Scheduled to *Community & Economic Development Committee on
1/27/2009
Subject:
Academy Funding Options
From:
The Public Safety Committee
Recommendation: Receive A Report From The Oakland Police Department Detailing Academy
Funding Options To Maintain 803 For The Upcoming Fiscal Cycle And Illustrating The Impact
On Sworn Staffing Levels For Each Option
09-0032
Scheduled to *Public Safety Committee on 2/10/2009
Subject:
Mayor's Public Safety Plan
From:
Councilmember Reid
Recommendation: A Report Requesting A Presentation From The Mayor's Office On The
Mayor's Public Safety Plan/Model Including The Justification (e.g. Empircal Data) For The
Specific Recommendations, Financial Impact, And The Implementation Status
09-0033
Scheduled to *Public Safety Committee on 2/10/2009
Subject:
Interview Of The New City Administrator
From:
Council President Brunner
Recommendation: Pursuant To The Sunshine Ordinance (Oakland Municipal Code Section
2.20.070(A), I Am Calling A Special Council Meeting:
Date: February 3, 2009
Time: 2:00 PM
Agenda: Interview Of The Mayor's Appointee To The Position Of City Administrator (City
Charter Section 305 (E) Provides That The Mayor Appoints The City Administrator Subject To
City Council Confirmation. The Mayor Has Stated That He Will Announce The Appointment On
January 26, 2009); On The February 3, 2009 Special City Council Agenda
09-0034
Scheduled to *Rules & Legislation Committee on 1/22/2009
For Scheduling
City of Oakland
Page 8
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RulesAndLegislationCommittee,2009-01-15,"*Rules & Legislation Committee
Meeting Minutes
January 15, 2009
Subject:
Measure Y Funding Changes
From:
Councilmember Jean Quan
Recommendation: Receive A Report From The Department Of Human Services Presenting The
Rational For The Significant Funding Changes In The Measure Y Violence Prevention Program
Strategies Relating To The Mayor's Outreach Programs, Including An Explanation Of Why One
Outreach Program Received More Funding Than The Others, And Additional Information On
The Clergy Cares Program Including A Description Of Their Role And Function
09-0035
Scheduled to *Public Safety Committee on 1/27/2009
View Report.pdf
5
A review of the Council Committees' actions from January 13, 2009 and determination of
scheduling to the ORA/City Council meeting of January 20, 2009 or future dates (MATRIX)
Play Video
A motion was made by Member Reid, seconded by Member De La Fuente,
to *Approve with the following amendments. The motion carried by the
following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
Item 4 and Item 5 from the January 13, 2009 Finance and Management
Committee agenda were moved to the Consent Calendar.
The following individuals spoke on this item:
- Sanjiv Handa
01-15 Rules Item 5
View Report.pdf
City of Oakland
Page 9
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RulesAndLegislationCommittee,2009-01-15,"*Rules & Legislation Committee
Meeting Minutes
January 15, 2009
6
A review of the Agendas for the Council Committees for the meetings of January 27, 2009
and the Rules and Legislation Committee for the meeting of January 29, 2009
Play Video
A motion was made by Member Reid, seconded by Member De La Fuente,
to *Approve with the following amendments. The motion carried by the
following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
The January 27, 2009 Committee meeting times were changed as follows:
Public Works will begin at 9:30 AM
Finance and Managment will begin at 11:00 AM
Community and Economic Development will begin at 2:00 PM
Life Enrichment will begin at 4:00 PM
Public Safety will begin at 5:30 PM
The January 29, 2009 Rules and Legislaton Committee will begin at 10:45 AM
The following individuals spoke on this item:
- Sanjiv Handa
01-15 Rules Item 6
View Report.pdf
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
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The following individuals spoke under Open Forum:
- Paulette Hogan
- Sanjiv Handa
Adjournment
There being no further business, and upon the motion duly made, the Oakland
City Council Rules and Legislation Committee adjourned the meeting at 11:29
AM
City of Oakland
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RulesAndLegislationCommittee,2009-01-15,"*Rules & Legislation Committee
Meeting Minutes
January 15, 2009
NOTE:
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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.
Office of the City Clerk - Agenda Management Unit
Phone: (510) 238-6406
Fax:
(510) 238-6699
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
City of Oakland
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