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, April 26, 2007
10:30 AM
City Council Chambers - 3rd Floor
Roll Call / Call to Order
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Excused: Member Reid and Chair De La Fuente |
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Present: Vice Mayor Chang and Member Brunner |
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The Oakland City Council Rules and Legislation Committee convened at 10:45 |
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AM, with Councilmember Jane Brunner presiding as Chairperson |
1
Closed Session
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The office of the City Attorney scheduled a Closed Session for 4 - 6 PM on |
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Tuesday, May 1, 2007 |
2
Approval of the Draft Minutes
Due to a lack of quorum, there was no action taken on this item
3
Determination of Schedule of Outstanding Committee Items
Due to a lack of quorum, there was no action taken on this item
4
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Scheduling of Agenda Items and revisions to the agenda for the ORA/City Council meeting |
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of May 1, 2007 (SUPPLEMENTAL) |
Due to a lack of quorum, there was no action taken on this item
S-4-1
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Subject: Civil Immigration Laws |
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From: Mayor Dellums, President De La Fuente, Councilmembers Brunner & |
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Quan |
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Recommendation: Adopt A Resolution (1) Calling On The Federal Government To |
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Impose A Moratorium On Federal Immigration Raids And To Adopt Fair |
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Comprehensive And Humane Federal Immigration Reforms, (2) Affirming That |
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Oakland Is A City Of Refuge For Immigrants, And (3) Declaring The City's Policy |
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Against Local Enforcement Of Civil Immigration Laws While Permitting |
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Cooperation With Federal Agents In Situations Involving Public And Serious Crimes |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 5/15/2007 |
S-4-2
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Subject: Red Light Camera Enforcement System |
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From: Oakland Police Department |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To 1) |
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Negotiate And Enter Into A Contract With Redflex Traffic System, Inc. To Purchase |
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And Install A Red Light Camera Enforcement System (RLCES) Throughout |
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Various Locations In The City For An Amount Not-To-Exceed Six-Thousand |
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Dollars ($6,000.00) Per System, 2) Add One Full-Time Sworn And One Full-Time |
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Non-Sworn Position To The Police Department To Review Recorded Violations Via |
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Secure Internet Connection And Determine If A Citation Shall Be Issued Based On |
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Evidence Obtained From The RLCES, 3) Support State Legislation To Modify |
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Section 21455.5(E) Of The California Vehicle Code (VC) To Allow The Monitoring |
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And Use Of Photographic Records Captured By An Automated Enforcement |
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System For Law Enforcement Purposes Outside Of The Enforcement Of Red Light |
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Violations; And 4) Set June 5, 2007 As The Date For The Public Hearing, As |
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Required By California VC Section 21455.5 |
Scheduled to *Public Safety Committee on 5/22/2007
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This item will also appear as a Public Hearing on the June 5, 2007 City |
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Council Agenda |
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The following individual(s) spoke and did not indicate a position on this item: |
S-4-3
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Subject: Oakland Police Department Equipment Purchase |
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From: Oakland Police Department |
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Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her |
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Designee On Behalf Of The City Of Oakland, To Purchase A Forward-Looking |
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Infrared (FLIR) Ultra 8500XRT Camera And A Broadcast Microwave System |
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(BMS) For The Oakland Police Air Support Unit Helicopter At A Purchase Price |
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Not-To-Exceed Two Hundred Ninety-Six Thousand Four Hundred Ninety-Seven |
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Dollars And Nine Cents ($296,497.09) |
Scheduled to *Public Safety Committee on 5/22/2007
S-4-4
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Subject: Class II Bicycle Lanes On West Street |
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From: Councilmember Jane Brunner |
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Recommendation: Receive An Informational Report On The Status Of Installation |
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Of Class II Bicycle Lanes On West Street By Reducing Travel Lanes From Four To |
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Two Through Lanes And Adding A Continuous Center Turn Lane Between 52nd |
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Street And West MacArthur |
Scheduled to *Public Works Committee on 5/22/2007
S-4-5
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Subject: Police Service Technician Usage |
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From: Councilmember Patricia Kernighan |
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Recommendation: Receive An Informational Report On How Police Service |
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Technicians Could Be Used To Supplement OPD Services |
Scheduled to *Public Safety Committee on 5/22/2007
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The following individual(s) spoke and did not indicate a position on this item: |
S-4-6
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Subject: Police Department Salary Savings Expenditures |
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From: Councilmember Patricia Kernighan |
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Recommendation: Receive An Informational Report On How General Fund Salary |
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Savings From Vacant Oakland Police Department Sworn Positions In Fiscal Year |
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2005-2006 And Fiscal Year 2006-2007 Have Been Spent; On The June 12, 2007 |
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Public Safety Committee Agenda |
Scheduled to *Public Safety Committee on 6/12/2007
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This item will also appear on the June 12, 2007 Finance and Management |
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Committee Agenda |
S-4-7
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Subject: Support Of Assembly Bill 161 |
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From: Councilmember Nancy Nadel |
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Recommendation: Adopt A Resolution in Support of Assembly Bill 161 (Bass) |
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Anti-Recidivism Grants -Establishing Services and Support to Reduce the Rate of |
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Recidivism of Offenders |
Scheduled to *Rules & Legislation Committee on 5/24/2007
S-4-8
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Subject: Shot Spotter System Report |
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From: Council President De La Fuente |
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Recommendation: Receive An Informational Report From The Oakland Police |
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Department Regarding The Department's Shot Spotter System |
Scheduled to *Public Safety Committee on 5/22/2007
S-4-9
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Subject: Municipal Clerk's Week 2007 |
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From: Council President De La Fuente |
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Recommendation: Adopt A Resolution Declaring April 29, 2007 Through May 5, |
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2007 As Municipal Clerk's Week; On The May 1, 2007 City Council Agenda As A |
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Ceremonial Item |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 5/1/2007 |
S-4-10
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Subject: Purchase Of Various Properties From Alameda County |
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From: Community and Economic Development Agency |
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Recommendation: A Request To Withdraw From The May 22, 2007 Community |
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And Economic Development Committee Agenda An Agency Resolution Authorizing |
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The Purchase Of The Following Tax-Defaulted Properties In The Coliseum And |
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Central City East Redevelopment Project Areas From The County Of Alameda: (1) |
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7951 MacArthur Boulevard (APN# 40-3407-1), Purchase Price $165,261 Plus |
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Interest; (2) 7963 MacArthur Boulevard (APN# 40-3407-2), Purchase Price |
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$188,270 Plus Interest; (3) Sunshine Court (APN# 40-3319-47-3), Purchase Price |
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$6,375 Plus Interest; (4) Sunshine Court (APN# 40-3319-47-2), Purchase Price |
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$8,145 Plus Interest; And (5) 606 Clara Street (APN# 44-5014-6-3), Purchase Price |
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$256,029 Plus Interest |
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Reason: Item being replaced with a new request. |
*Withdrawn with No New Date
S-4-11
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Subject: Washington (7th-9th Street) Sidewalk Improvement Project |
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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 Authorizing The City Administrator, Or Her Designee, To Award A |
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Construction Contract To (Contractor To Be Determined) For The Washington (7th - |
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9th Street) Sidewalk Improvement Project (Project No. C194923) For An Amount |
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Not To Exceed (Amount To Be Determined), And Accepting A Contribution And |
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Appropriation Of Redevelopment Agency Funds Under The Cooperation Agreement |
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For An Amount Not To Exceed (Amount To Be Determined); And |
Scheduled to *Public Works Committee on 7/10/2007
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2) An Agency Resolution Authorizing A Contribution And Appropriation Of An Amount Not To |
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Exceed (Amount To Be Determined) From The Central District Redevelopment Project To The |
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City Of Oakland Under The Cooperation Agreement To Fund The Construction Of The |
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Washington (7th - 9th Street) Sidewalk Improvement Project; On The July 10, 2007 Public |
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Works Committee Agenda |
Scheduled to *Public Works Committee on 7/10/2007
S-4-12
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Subject: Purchase Of 36 Units In The Wood Street Development District |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing The Redevelopment Agency To |
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Purchase 36 Units At The Pacific Cannery Lofts And Zephyr Gate Developments In |
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The Wood Street Development District At Market Rate Prices And The Resale Of |
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These Units At Affordable Sales Prices To Low And Moderate Income |
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Homebuyers, And Allocating An Amount Not To Exceed $10,582,000 To Subsidize |
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The Affordability Of The Units; On The June 26, 2007 Community And Economic |
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Development Committee Agenda; And As A Public Hearing On The July 17, 2007 |
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City Council Agenda |
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Scheduled to *Community & Economic Development Committee on |
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6/26/2007 |
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This item will also appear as a Public Hearing on the July 17, 2007 City |
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Council Agenda |
S-4-13
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Subject: Broadway Phase II And III Sidewalk Improvement Project |
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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 Authorizing The City Administrator, Or Her Designee, To Award A |
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Construction Contract To (Contractor To Be Determined) For The Broadway Phase |
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II And III Sidewalk Improvement Project (Project No. C194920) For An Amount |
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Not To Exceed (Amount To Be Determined), And Accepting A Contribution And |
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Appropriation Of Redevelopment Agency Funds Under The Cooperation Agreement |
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For An Amount Not To Exceed (Amount To Be Determined); And |
Scheduled to *Public Works Committee on 6/12/2007
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2) An Agency Resolution Authorizing A Contribution And Appropriation Of An Amount Not To |
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Exceed (Amount To Be Determined) From The Central District Redevelopment Project To The |
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City Of Oakland Under The Cooperation Agreement To Fund The Construction Of The |
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Broadway Phase II And III Sidewalk Improvement Project; On The June 12, 2007 Public Works |
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Committee Agenda |
Scheduled to *Public Works Committee on 6/12/2007
S-4-14
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Subject: Parcel Purchases At Various Locations |
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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 The Purchase Of Three Parcels At 7951 |
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MacArthur Boulevard, 7963 MacArthur Boulevard And 606 Clara Street From The |
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County Of Alameda For A Price Not To Exceed $609,560 Plus Interst; And |
Scheduled to *Finance & Management Committee on 6/12/2007
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2) A City Ordinance Authorizing The Purchase Of Two Parcels On Sunshine Court From The |
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County Of Alameda For A Price Not To Exceed $14,520 Plus Interest And Accepting A |
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Contribution Of $14,520 Plus Interest In Redevelopment Agency Funds Under The Cooperation |
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Agreement For The Purchase Of The Property; And |
Scheduled to *Finance & Management Committee on 6/12/2007
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3) An Agency Resolution Authorizing The Contribution Of $14,520 Plus Interest In Agency |
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Funds To The City Under The Cooperation Agreement For The Acquisition Of Sunshine Court; |
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On The June 12, 2007 Finance And Managment Committee Agenda |
Scheduled to *Finance & Management Committee on 6/12/2007
S-4-15
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Subject: Appeal For 1727 East 24th Street |
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From: Community and Economic Development Agency |
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Recommendation: Conduct A Public Hearing and Upon Conclusion Adopt A |
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Resolution Denying The Appeal (Case #A07103) And Upholding The Planning |
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Commission Approval Of Case #CMDV05-507/TPM8859, For Construction Of A |
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Four (4) Unit Condominium In The R-50 Zone With A Two (2) Foot Height |
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Variance At 1727 E. 24th Street; On The June 5, 2007 City Council Agenda |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 6/5/2007 |
S-4-16
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Subject: Encroachment Permit - 6201 Antioch Street |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Antioch Street Limited, LP, A |
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Revocable And Conditional Permit For A Building At 6201 Antioch Street To Allow |
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Two Existing Balconies To Encroach Over The Public Sidewalk; On The June 12, |
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2007 Public Works Committee Agenda |
Scheduled to *Public Works Committee on 6/12/2007
S-4-17
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Subject: Final Map For Tract 7781 - 59th Street |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Approving A Final Map For Tract 7781 To |
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Convert Six Rental Housing Units To Condominium Ownership At 828 And 832 |
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59th Street; On The June 19, 2007 City Council Agenda |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 6/19/2007 |
S-4-18
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Subject: Paxton Avenue - Vacating |
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From: Community and Economic Development Agency |
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Recommendation: Adopt An Ordinance Vacating Paxton Avenue From Its |
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Intersection With Coolidge Avenue To Its Terminus With Peralta Hacienda Historic |
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Park; On The June 12, 2007 Public Works Committee Agenda; And As A Public |
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Hearing On The June 19, 2007 City Council Agenda |
Scheduled to *Public Works Committee on 6/12/2007
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This item will also appear as a Public Hearing on the June 19, 2007 City |
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Council Agenda |
S-4-19
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Subject: Proposed Vacation Of Paxton Avenue |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Setting A Hearing To Receive Supporting |
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Evidence And Public Comments On A Proposed Vacation Of Paxton Avenue From |
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Its Intersection With Coolidge Avenue To Its Terminus With Peralta Hacienda |
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Historic Park; On The June 12, 2007 Public Works Committee Agenda; And As A |
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Public Hearing On The June 19, 2007 City Council Agenda |
Scheduled to *Public Works Committee on 6/12/2007
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This item will also appear as a Public Hearing on the June 19, 2007 City |
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Council Agenda |
S-4-20
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Subject: Arena Naming Rights |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Approving Approval By The |
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Oakland-Alameda County Authority Of The Executed Agreement Between The |
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Golden State Warriors, LLC And Oracle Corporation For The Arena Naming Rights |
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And The Golden State Warriors Sponsorship Rights And Agreement |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 5/15/2007 |
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The following individual(s) spoke and did not indicate a position on this item: |
S-4-21
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Subject: Parking Fines Increase |
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From: Finance and Management Agency |
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Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Section |
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10.48.010 "Parking Fines" To Increase The Fines For Violations Of Oakland Traffic |
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Code Sections 10.40.020A1 "No Parking In A Red Zone"; 10.44.120A "Residential |
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Permit Parking Zone", And To Modify The Code And Description Of The Oakland |
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Traffic Code Section 10.40.020B "No Parking - Red Zone, Green Zone" |
Scheduled to *Finance & Management Committee on 5/8/2007
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The following individual(s) spoke and did not indicate a position on this item: |
S-4-22
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Subject: Race And Gender Disparity Evaluation Report |
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From: Office of the City Administrator |
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Recommendation: Action On A Report On The Findings And Recommendations Of |
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The Race And Gender Disparity Study (Commonly Referred To As A "Croson |
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Study") Conducted By Mason Tillman Associates (Per City Council Resolution No. |
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79138 C.M.S.) For The City's Bidding And Award Of City Contracts |
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Scheduled to *Community & Economic Development Committee on |
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5/22/2007 |
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The following individual(s) spoke and did not indicate a position on this item: |
S-4-23
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Subject: Community Facilities Districts |
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From: Office of the City Administrator |
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Recommendation: A Request To Withdraw From The May 22, 2007 Finance And |
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Management Committee Agenda The Following Pieces Of Legislation: |
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1) A Resolution Approving Local Goals And Policies And Appraisal Standards For |
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Community Facilities District; And |
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Withdrawn and Rescheduled to *Finance & Management Committee on |
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5/22/2007 |
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2) A Resolution Of Intention To Establish Community Facilities District No. 2007-1 (Wood |
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Street), Levy A Special Tax To Finance Certain Public Services And Approving A Proposed |
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Boundary Map For Community Facilities District No. 2007-1 |
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Withdrawn and Rescheduled to *Finance & Management Committee on |
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5/22/2007 |
S-4-24
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Subject: Lobbyist Registration Act Amendment |
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From: Public Ethics Commission |
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Recommendation: Adopt An Ordinance Amending Chapter 3.20 Of The Oakland |
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Municipal Code To Require That Local Governmental Lobbyists Publicly Disclose |
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Their Campaign Fundraising Activities |
Scheduled to *Rules & Legislation Committee on 5/17/2007
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The following individual(s) spoke and did not indicate a position on this item: |
ADDITIONAL ITEMS SUBMITTED ON THE DAIS
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Subject: Opposition Of Senate Bill 2 |
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From: Councilmember Desley Brooks |
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Recommendation: Adopt A Resolution To Oppose Senate Bill 2 (Cedillo), Local Planning |
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Requirements For Homeless And Special Needs Housing (TITLE CHANGE) |
Scheduled to *Rules & Legislation Committee on 5/10/2007
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Subject: Support Of Assembly Bill 45 |
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From: Councilmember Jean Quan |
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Recommendation: Adopt A Resolution Declaring The City Of Oakland's Support For Assembly |
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Bill 45-Assemblymember Sandre Swanson's Bill To Return Local Governance To The Oakland |
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School Board |
Scheduled to *Rules & Legislation Committee on 5/10/2007
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Subject: Excess Litter Fee Program Report |
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From: Councilmember Jane Brunner |
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Recommendation: Receive An Informational Report On The Excess Litter Fee Program |
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Scheduled to *Community & Economic Development Committee on |
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6/26/2007 |
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Subject: Immigration And Customs Enforcement |
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From: Council President De La Fuente And Councilmembers Brunner And Quan |
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Recommendation: Adopt A Resolution Reaffirming The City Of Oakland As A City of Refuge |
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And Reaffirming That The Mayor And The City Council Instruct All Departments And |
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Employees To Refrain From Assisting Or Cooperating In Their Official Capacity With Any U.S. |
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Immigration And Customs, Enforcement (I.C.E.) Investigation, Detention, Or Arrest Procedures |
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Except In Situations Involving Public Safety And Serious Crimes |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 5/15/2007 |
5
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A review of the Council Committees' actions from April 24, 2007 and determination of |
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scheduling to the ORA/City Council meeting of May 1, 2007 or future dates (MATRIX) |
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Due to a lack of quorum, there was no action taken on this item |
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The following individual(s) spoke and did not indicate a position on this item: |
FROM THE APRIL 24, 2007 PUBLIC WORKS COMMITTEE
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Subject: Litter Enforcement Unit Report |
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From: Council President De La Fuente |
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Recommendation: Receive An Informational Report From The Public Works Agency Regarding |
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The Litter Enforcement Unit Of The Public Works Agency Detailing Staffing, Areas Of Focus, |
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Investigation Of Illegal Dumping, Fines Assessed, Abandoned Vehicles Cited And Towed, And |
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Education And Outreach Efforts In The Community |
Continued to *Public Works Committee on 6/12/2007
FROM THE APRIL 24, 2007 FINANCE AND MANAGEMENT COMMITTEE
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Subject: Annual Workers' Compensation Report |
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From: Finance and Management Agency |
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Recommendation: Receive An Informational Report On The Workers' Compensation Program |
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For Fiscal Year 2005-2006 |
Continued to *Finance & Management Committee on 6/26/2007
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Subject: Super Urban Area Security Initiative Grant |
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From: Oakland Fire Department |
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Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee To |
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Enter Into An Agreement With The City And County Of San Francisco For Distribution Of Fiscal |
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Year 2006 Super Urban Area Security Initiative (SUASI) Grant Funds In The Amount Of One |
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Million Three Hundred Eighty Thousand Five Hundred Eighty One Dollars ($1,380,581.00), To |
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Approve The Preliminary Spending Plan, To Waive Central Services Overhead Fees, And To |
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Accept, Appropriate And Administer The Fiscal Year 2006 SUASI Grant Allocations And To |
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Expend Funds In Accord With The Preliminary Spending Plan Without Further Council |
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Authorization, Including The Award Of Contracts In Excess Of The City Administrator's |
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Purchasing Authorization, Provided City Bidding Requirements And Purchasing |
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Programs/Policies Are Followed |
Continued to *Finance & Management Committee on 5/22/2007
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Subject: Municipal Code Chapter 4.28 - Amendment |
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From: Finance and Management Agency |
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Recommendation: Adopt An Ordinance Amending Chapter 4.28 Of The Oakland Municipal |
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Code To Establish And Codify The Claim Requirements And Procedures For Utility Users Tax |
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Refunds Of Tax, Penalties Or Interest, Overpaid, Erroneously Or Illegally Collected, And Amend |
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Section 4.28.120 To Grant Authority To The Utility Users Tax Administrator To Examine Books, |
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Records And Witnesses, And To Issue Administrative Subpoenas To Persons In Violation Of |
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Chapter 4.28. |
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*Rescheduled to Concurrent Meeting of the Oakland Redevelopment |
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Agency / City Council on 5/15/2007 |
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Subject: Billboard Relocation Agreement |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A |
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Billboard Relocation Agreement With Clear Channel Outdoor, Inc. ("CCO"): (1) Allowing CCO |
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To Remove And Waive Its Rights To Compensation, Including All Real Property And Personal |
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Property Interests, For A Number Of Billboards At Various Locations In Exchange For: (A) |
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Removal Of A Billboard At 381- 5th Street And Construction Of A New Billboard At 377-5th |
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Street; And (B) Removal Of A Billboard At 3420 Louise Street And Construction Of A Billboard |
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On An Adjacent Lot (APN 007-0620-001-04); And (2) Requiring Mr. Libitzky, Property Owner |
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Of 3420 Louise Street, To Make A One-Time Contribution Of $100,000 To The Chabot Space |
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And Science Center And Requiring CCO To Make A One-Time Contribution Of $75,000 To A |
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Cause Designated By The City Council |
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Scheduled to *Community & Economic Development Committee on |
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5/22/2007 |
6
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A review of the Agendas for the Council (Committees) for the meeting(s) of May 8, 2007 |
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and the Rules and Legislation Committee meeting of May 10, 2007 |
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Due to a lack of quorum, there was no action taken on this item |
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The following individual(s) spoke and did not indicate a position on this item: |
FROM THE MAY 8, 2007 PUBLIC SAFETY COMMITTEE AGENDA
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Subject: Contra Costa Sheriff - Services Agreement |
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From: Oakland Police Department |
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Recommendation: Adopt A Resolution Authorizing A Professional Services Agreement In An |
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Amount Not To Exceed One Hundred Thousand Dollars ($100,000) With The County Of Contra |
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Costa, Office Of The Sheriff, Forensic Services Division, For The Period January 1, 2007 To |
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June 30, 2008, For Latent Print Comparison And Identification Services On Behalf Of The Police |
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Department |
*Rescheduled to *Public Safety Committee on 6/12/2007
7
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Subject: Boards And Commission Directory Compliance |
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From: Councilmember Jean Quan |
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Recommendation: Receive An Informational Report From The Office Of The City Attorney |
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Addressing The Boards And Commissions Directory Listings And Their Compliance With |
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Sunshine And Brown And Maddy Acts |
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
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The following individual(s) spoke under Open Forum: |
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 11:29 |
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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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prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in |
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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 |
*
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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
