body,date,text,page,path RulesAndLegislationCommittee,2019-10-03,"City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza Oakland, California 94612 Meeting Minutes - FINAL LaTonda Simmons, City CITY OF OAKLAND Clerk *Rules & Legislation Committee Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Thursday, October 3, 2019 10:45 AM City Council Chamber, 3rd Floor The Oakland City Council Rules & Legislation Committee convened at 11:18 P.M. with Councilmember Thao presiding as Chairperson. Roll Call / Call To Order Present 4 - Dan Kalb, Rebecca Kaplan, Sheng Thao, and Lynette McElhaney 1 Determinations Of Closed Session 18-2234 Attachments: View Report There were 2 speakers on this item A Special Closed Session is Scheduled for October 15, 2019 beginning at 2:00 P.M. A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted. The motion carried by the following vote: Aye: 4 - Kalb, Kaplan, Thao, and McElhaney NO VOTE: 0 2 Approval Of The Draft Minutes From The Committee Meeting Of September 19, 2019 18-2235 Attachments: View Report A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted. The motion carried by the following vote: Aye: 4- - Kalb, Kaplan, Thao, and McElhaney NO VOTE: 0 City of Oakland Page 1 Printed on 10/24/2019",1,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 3 Determination Of Schedule Of Outstanding Committee Items 18-2236 Attachments: View Report There were 2 speakers on this item A motion was made by Rebecca Kaplan, seconded by Lynette McElhaney, that this matter be Accepted. The motion carried by the following vote: Aye: 4- - Kalb, Kaplan, Thao, and McElhaney NO VOTE: 0 4 Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas (SUPPLEMENTAL) 18-2237 Attachments: View Report There were 7 speakers on this item A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted as Amended. The motion carried by the following vote: Aye: 4 - Kalb, Kaplan, Thao, and McElhaney NO VOTE: 0 4.1 Subject: Settlement Agreement - Susan Schacher V. City Of Oakland From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Susan Schacher V. City Of Oakland, Et Al, Alameda County Superior Court Case No. RG17886477, In The Amount Of Fifty Thousand Dollars And No Cents ($50,000.00) As A Result Of A Trip And Fall Accident On June 16, 2016 (Department Of Public Works - Dangerous Condition Of Public Property Property) 18-2305 Attachments: View Report 87886 CMS This City Resolution be Scheduled. to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council to be heard 10/15/2019 City of Oakland Page 2 Printed on 10/24/2019",2,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 4.2 Subject: JPA - Reappointing Commissioner Christin Hill From: Council President Kaplan Recommendation: Adopt A Resolution Appointing A Community Member To The Oakland-Alameda County Coliseum Joint Powers Authority Board Of Commissioners As Follows - Reappointing Commissioner Christin Hill To Serve The Term Beginning October 9, 2019 And Ending October 8, 2021; On The November 5, 2019 City Council Agenda 18-2307 Attachments: View Report This City Resolution be Scheduled.to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council to be heard 10/15/2019 4.3 Subject: JPA - Reappointing Commissioner Reverend Dr. Jacqueline A. Thompson From: Council President Kaplan Recommendation: Adopt A Resolution Appointing A Community Member To The Oakland-Alameda County Coliseum Joint Powers Authority Board Of Commissioners As Follows - Reappointing Commissioner Reverend Doctor Jacqueline A. Thompson To Serve The Term Beginning October 8, 2019 And Ending October 7, 2021; On The November 5, 2019 City Council Agenda 18-2308 Attachments: View Report This City Resolution be Scheduled.tc go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council to be heard 10/15/2019 4.5 Subject: Salary Ordinance Amendment For Various Classifications From: Human Resources Department Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (""Salary Ordinance"") To Add The Full-Time Classification Of Fire Inspection Supervisor, To Add The Permanent Part-Time And Part-Time Classification Equivalents Of Special Assistant To The Mayor III, And To Amend The Salary Format For Deputy Chief Of Violence Prevention 18-2300 Attachments: View Report This Ordinance be Scheduled.to go before the *Finance & Management Committee to be heard 10/22/2019 City of Oakland Page 3 Printed on 10/24/2019",3,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 4.6 Subject: Major Encroachment Permit At 5932 Foothill Blvd From: Transportation Department Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit To Foothill Boulevard Plaza LLC To Allow Portions Of The New Building Above Grade At 5932 Foothill Boulevard To Encroach Into The Public Right-Of-Way On Foothill Boulevard And 60th Avenue, Major Encroachment Permit ENMJ19061 18-2299 Attachments: View Report This City Resolution be Scheduled.to go before the *Public Works Committee to be heard 10/22/2019 4.7 Subject Disposition Of Fire Alarm Building Site From: Economic And Workforce Development Recommendation: Adopt One Of The Following Pieces Of Legislation: 1) Resolution Directing The City Administrator To Issue A Request For Proposals That Is Consistent With The State Surplus Land Act And The Competitive Process Set Forth In Chapter 2.42.050 Of The Oakland Municipal Code For The Disposition And Development Of The Fire Alarm Building At 1310 Oak Street; Or, Alternatively 18-2249 Attachments: View Report View Fortunado Bas Report This City Resolution be Scheduled.to go before the *Community & Economic Development Committee to be heard 10/22/2019 2) Resolution Exercising The Waiver Of Competitive Process Set Forth In Chapter 2.42.050 Of The Oakland Municipal Code And Directing The City Administrator To Issue A Notice Of Offer Pursuant To The State Surplus Land Act For The Disposition And Development Of The Fire Alarm Building At 1310 Oak Street And, If No Other Proposal Is Received, To Commence Negotiations For The Lease And Development Of The Property With The Museum Of Jazz And Art; Or, Alternatively 18-2250 Attachments: View Report This City Resolution be Scheduled.to go before the *Community & Economic Development Committee to be heard 10/22/2019 3) A Motion Directing Staff To Include The Fire Alarm Building In The Forthcoming Asset Disposition Plan And To Defer Commencement Of Negotiations For The Property 18-2309 This City Resolution be Scheduled.to go before the *Community & Economic Development Committee to be heard 10/22/2019 City of Oakland Page 4 Printed on 10/24/2019",4,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 4.8 Subject: 2019 Mills Act Contract Recommendations From: Planning And Building Department Recommendation: Adopt A Resolution, As Recommended By The Landmarks Preservation Advisory Board, Approving Twelve (12) Mills Act Contracts Between The City Of Oakland And The Properties At 418 Jefferson Street, 6028 Broadway Terrace, 6475 Colby Street, 1263 Trestle Glen Road, 619 Mariposa Avenue, 2600 Best Avenue, 678 18th Street, 360 Van Buren Avenue, 1000 Sunnyhills Road, 412 Monte Vista Avenue, 3007 Telegraph Avenue, And 492 Staten Avenue, Pursuant To Ordinance No. 12987 C.M.S., To Provide Property Tax Reductions In Exchange For Owners' Agreement To Repair And Maintain Historic Properties In Accordance With Submitted Work Programs And Approving Total City Tax Revenue Reduction Estimated To Be Above $25,000/Year 18-2296 Attachments: View Report View Report - Color Attachment A This City Resolution be Scheduled.to go before the *Community & Economic Development Committee to be heard 10/22/2019 4.9 Subject: Negotiating Agreement With East Oakland Boxing Association From: Economic And Workforce Development Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To Negotiate And Execute An Exclusive Negotiating Agreement With East Oakland Boxing Association For The Development Of The City-Owned Property Located At 816 And 828 98th Avenue 18-2297 Attachments: View Report This City Resolution be Scheduled.to go before the *Community & Economic Development Committee to be heard 10/22/2019 4.10 Subject: West Oakland Community Fund Agreement From: Office Of The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute A West Oakland Community Fund Restricted Purpose Fund Agreement And Fee Agreement With East Bay Community Foundation (Foundation); Appropriate And Transfer Up To Two Million Four Hundred Thousand Dollars ($2,400,000) From The West Oakland Community Fund (Community Fund) To The Foundation; And Approve The West Oakland Community Advisory Group As The Fund Advisor To The Foundation; On The October 22, 2019 Community And Economic Development Committee Agenda 18-2298 This City Resolution be Withdrawn with No New Date. City of Oakland Page 5 Printed on 10/24/2019",5,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 4.11 Subject: Access To Housing For Persons With Criminal History From: City Attorney Parker, Councilmembers Reid, Bas, And Kalb Recommendation: Adopt An Ordinance Adding A New Oakland Municipal Code Chapter 8.2 Access To Housing, Article I, Ronald V. Dellums And Simbarashe Sherry Fair Chance Housing Ordinance, Enacting ""The Ronald V. Dellums And Simbarashe Sherry Fair Chance And Access To Housing, Public Health And Safety Ordinance"" That Precludes The Use Of Criminal Histories In Applications For Rental Housing; On The October 22, 2019 Committee Community And Economic Development Committee Agenda 18-2301 This Ordinance be No Action Taken. 4.12 Subject: PATH Plan From: Human Services Department Recommendation: Receive An Informational Report On The City's Updated Five Year Plan To Address Homelessness In Oakland (PATH Plan) 18-2223 Attachments: View Report View Supplemental Report 10/18/2019 This Informational Report be Scheduled.to go before the *Life Enrichment Committee to be heard 10/22/2019 4.13 Subject: AC-OCAP State EITC Grant Report And Resolution From: Human Services Department Recommendation: Adopt A Resolution Authorizing: 1. Acceptance And Appropriation Of A $176,000 Grant, And Any Additional Funds, Including For And Through A Second Grant Year To June 30, 2021, From The California Department Of Community Services And Development (CSD), To Implement The California Earned Income Tax Credit (CalEITC) Free Tax Preparation Assistance Program (Program); And 2. The City Administrator, Or Designee, Without Returning To Council, To: A. Award And Execute Grant Agreements With Service Providers To Implement The CalEITC Program Through June 30, 2020; And B. Amend Said Agreements To Increase The Amounts And/Or Duration Through June 30, 2021 18-2295 Attachments: View Report The Committee accented a title change read into record This City Resolution be Scheduled.tc go before the *Life Enrichment Committee to be heard 10/22/2019 City of Oakland Page 6 Printed on 10/24/2019",6,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 4.14 Subject: Homelessness Solutions Update From: Council President Kaplan Recommendation: Approve A Report And Recommendation From The City Administrator On The Status Of Implementation Of Homelessness Solutions Approved By The City Council In Resolution No. 87129 C.M.S. ""Encouraging The Private Development Of Expanded Housing Options, Including For Non-Profits, Faith-Based Organizations, Private Property Owners, And Service Providers Working On Private Land, To Provide Housing And Sanitary Facilities For The Homeless Through Strategies Including ""Small Homes, Shipping Container Conversion Homes, Recreational Vehicles, Unattached Trailers, Restroom Structures, And Other Options To Provide Dignity, Privacy,"" Including Identifying Available Public Land For These Efforts, Along With Opportunity For The Committee To Make Recommendations, On Status Of Implementing Each Item And To Include In The Report To Council A Copy Of Communications With The County And OUSD Requesting Their Public Lands/Buildings And Response; On The November 12, 2019 Life Enrichment Committee Agenda 18-2304 This Informational Report be Scheduled.to go before the *Life Enrichment Committee to be heard 11/12/2019 4.15 Subject: Updates On The Department Of Violence Prevention Activities From: Councilmember McElhaney Recommendation: Receive An Informational Report Providing An Update On The Department of Violence Prevention Established By Ordinance Number 13451 C.M.S. To End The Epidemic Of Violent Crime In Oakland And Healing Trauma In Impacted Communities 18-2306 Attachments: View Report The Committee accepted this item be a standing item in the Life Enrichment Committee This Informational Report be Scheduled.to go before the *Life Enrichment Committee to be heard 10/22/2019 City of Oakland Page 7 Printed on 10/24/2019",7,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 4.16 Subject: Request An Informatonal Report On Bond Street From: Councilmember Gallo Recommendation: Receive An Informatonal Report From The City Administrator Regarding The Status Of Any Plans To Close The Homeless Encampment On The 4200-4300 Block Of Bond Street, Behind Oakland Charter Academy, And An Opportunity To Hear From The Public Regarding The Status Of The Encampment 18-2302 Attachments: View Report Councilmember McElhaney made a motion seconded by Councilmember President Kaplan to approve the urgency finding on item 4.16 for the following reasons: That there is a need to take immediate action which came to the attention of the local body after the agenda was posted, and that the need to take immediate action (1) is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting This Informational Report be Scheduled.to go before the *Public Safety Committee to be heard 10/8/2019 4.17 Subject: League Of California Cities Travel Authorization From: Councilmember Kalb Recommendation: Adopt A Resolution Authorizing Councilmember Dan Kalb's To Travel To Long Beach, California For Attendance At The League Of California Cities From October 16, 2019 Through October 18, 2019 And Reimbursement Of Approximately $1,750.00 In Travel Costs From The Council Contingency Fund For Travel 18-2310 Attachments: View Report 87888 CMS To be heard as a Consent item This City Resolution be Scheduled.to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council to be heard 10/15/2019 4.18 Subject: OPD Investigative Capacity Annual Report From: Councilmember Kalb Recommendation: Receive An Informational Report And Recommendations From The Oakland Police Department Regarding The State Of The Department's Investigative Capacity, Including, But Not Limited To, Staffing Levels And Resources, Percentage Of Serious Crimes Investigated, And Crime Lab Issues; On The November 12, 2019 Public Safety Committee Agenda 18-2311 The Committee accepted a title change read into record This Informational Report be Scheduled.to go before the *Public Safety Committee to be heard 1/14/2020 City of Oakland Page 8 Printed on 10/24/2019",8,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 CHANGES MADE TO THE PREVIOUSLY DISTRIBUTED 10 DAY CHANGES MADE TO THE OCTOBER 8, 2019 PUBLIC SAFETY COMMITTEE AGENDA Subject: Emergency Closure Of Bond Street Encampment From: Councilmember Gallo Recommendation: Resolution Requesting The City Administrator, Or Designee, To Close The Encampment On 4200-4300 Block Of Bond Street Behind Oakland Charter Academy, Residents Homes And Surrounding Businesses Due To Serious And Continual Criminal Activity, Illegal Dumping, Health And Fire Hazards That Violates California's Penal Code Section 626 And The Safe Routes To Schools Assessment From Alameda County 18-2221 Attachments: View Report This City Resolution be Withdrawn with No New Date. 5 A Review Of The Draft Agendas For The City Council Meeting Of October 15, 2019 And The Rules And Legislation Committee Of October 17, 2019 18-2238 Attachments: View Report There was no 1 speaker on this item A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted as Amended. The motion carried by the following vote: Aye: 4 - Kalb, Kaplan, Thao, and McElhaney NO VOTE: 0 CHANGES TO THE OCTOBER 15, AND OCTOBER 17, 2019 DRAFT AGENDAS CHANGES TO THE OCTOBER 15, 2019 CITY COUNCIL AGENDA City of Oakland Page 9 Printed on 10/24/2019",9,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"Ballot Measure Informational Update And Council Resolution For Next Steps From: Council President Kaplan Recommendation: Receive An Informational Report From The Administration On The Status Of Development Of Ballot Measures For The 2020 Ballot, Including; All Polling Questions And Results For Polls Already Conducted, A Schedule Of Planned Next Steps, And A Financial Report Showing Funding Amounts Allocated To Polling And Consultants, Including The Total Amount That Has Been Expended Or Allocated, Amounts Remaining, And The Process For Selecting The Consultant And Pollster 18-2226 Attachments: View Report There were 10 speakers on this item Councilmember McElhaney made a motion seconded by Council President Kaplan to approve the urgency finding on item 4.16 for the following reasons: That there is a need to take immediate action which came to the attention of the local body after the agenda was posted, and that the need to take immediate action (1) is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting The Committee approved to schedule this item to be heard October 8, 2019 at Public Works and Life Enrichment Committee A motion was made that this matter be Scheduled to go before the *Public Works Committee, to be heard 10/8/2019. The motion carried by the following vote: Aye: 4 - - Kalb, Kaplan, Thao, and McElhaney NO VOTE: 0 City of Oakland Page 10 Printed on 10/24/2019",10,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 2) A Resolution Requesting That The City Administrator Prepare A Report, For Consideration No Later Than The November 19, 2019 City Council Meeting, Requesting That The City Council Consider Adopting Legislation To Place Any Revenue Enhancement Measures On The Ballot For The March 2020 Statewide Primary Election That The City Administrator Deems Appropriate And Reasonably Likely To Succeed And, In The Interim, Bring Reports To The City Council On Any Polls Undertaken By The City As Part Of The City Administrator's Efforts To Prepare Potential Measures 18-2227 Attachments: View Report A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be No Action Taken. The motion carried by the following vote: Aye: 4 - Kalb, Kaplan, Thao, and McElhaney NO VOTE: 0 7 Subject: Increased Funding For Undergrounding Of Utility Wires To Prevent Wildfires From: President Pro Tempore Kalb And Councilmember Thao Recommendation: Adopt A Resolution In Support Of The League Of California Cities' Resolution To The California Public Utilities Commission (CPUC) Requesting That The CPUC Amend Rule 20A To Allow For The Addition Of Projects In Very High Fire Hazard Severity Zones To The List Of Eligibility Criteria For Utility Wire Undergrounding Projects To Help Prevent Wildfires And To Increase Funding Allocations For Rule 20A Projects 18-2253 Attachments: View Report View Supplemental Report 9/27/2019 87887 CMS There was 1 speaker on this item A motion was made by Dan Kalb, seconded by Rebecca Kaplan, that this matter be Approved the Recommendation of Staff, and Forward to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council, to be heard 10/15/2019. The motion carried by the following vote: Aye: 4 - Kalb, Kaplan, Thao, and McElhaney NO VOTE: 0 Open Forum (Total Time Available: 15 Minutes) There were 4 speakers on open forum Adjournment There being no further business, and upon the motion duly made, the Oakland City Council Rules & Legislation Committee adjourned the meeting at 2:10 p.m. City of Oakland Page 11 Printed on 10/24/2019",11,RulesAndLegislationCommittee/2019-10-03.pdf RulesAndLegislationCommittee,2019-10-03,"*Rules & Legislation Committee Meeting Minutes - FINAL October 3, 2019 Americans With Disabilities Act 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 5 days 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)238-3254 MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM 8:30AM TO 5:00PM * 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 of Oakland Page 12 Printed on 10/24/2019",12,RulesAndLegislationCommittee/2019-10-03.pdf