body,date,text,page,path RulesAndLegislationCommittee,2004-06-10,"Meeting Minutes City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza Oakland, California 94612 Ceda Floyd, 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, June 10, 2004 10:30 AM City Council Chambers - 3rd Floor The Oakland City Council Rules and Legislation Committee convened at 10:48 a.m., with Council President De La Fuente presiding as Chairperson. Roll Call / Call to Order Present: Member Chang, Member Reid, Member Wan and Chair De La Fuente 1 Closed Session A motion was made by Member Chang, seconded by Member Reid, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente (Item 1 RULES 6-10-04) Item 1 SUPP 6-10-04.pdf 2 Approval of the Draft Minutes from the Committee meeting of May 27, 2004 A motion was made by Member Chang, seconded by Member Reid, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente 3 Determination of Schedule of Outstanding Committee Items",1,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"A motion was made by Member Wan, seconded by Member Chang, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente (Item 3 RULES 6-10-04) Item 3 SUPP 6-10-04.pdf 4 Scheduling of Agenda Items and revisions to the agenda for the ORA/City Council meeting of June 15, 2004 (SUPPLEMENTAL) A motion was made by Member Chang, seconded by Member Reid, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente 4-1 Subject: National Forensic Sciences Improvement Act Program From: Oakland Police Department Recommendation: Adopt a Resolution authorizing the City Administrator, on behalf of the City of Oakland to accept and appropriate grant funds in the amount",2,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"of nine thousand one hundred and eighty dollars ($9,180) from the Governor's Office of Emergency Services for the Paul Coverdell National Forensic Sciences Improvement Act Program being conducted in the Police Department; on the July 13, 2004 Public Safety Committee agenda (04-0537) Scheduled to *Public Safety Committee on 7/13/2004 Scheduling Request.pdf 4-2 Subject: Dwight Chambers - Service Recognition From: Councilmember Brooks Recommendation: Adopt a Resolution commending Dwight Chambers for 39 years of dedicated service to the City of Oakland and extending our best wishes as he",3,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"retires; on the July 20, 2004 City Council agenda (04-0536) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 7/20/2004 Scheduling Request.pdf DUE TO THE PRESENCE OF COUNCILMEMBER BRUNNER, A QUORUM OF THE CITY COUNCIL WAS NOTED, AND A MOTION WAS MADE AND SECONDED TO ADJOURN THE MEETING OF THE CITY COUNCIL RULES AND LEGISLATION COMMITTEE, AND TO CONVENE AS A SPECIAL MEETING OF THE FULL COUNCIL AT 11:17 A.M. 4-3 Subject: Street Tree Protection From: Councilmember Brunner Recommendation: Adopt an Ordinance amending Oakland Municipal Code Sections 12.36.010 and 12.36.090 and adding a new Section 12.04.400 for the",4,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"purpose of further protecting Oakland's City-owned street trees (04-0543) Scheduled to *Life Enrichment Committee on 6/22/2004 Scheduling Request.pdf, Item 7 6-22-04.pdf THE SPECIAL MEETING OF THE CITY COUNCIL ADJOURNED AT THIS TIME AND RECONVENED AS THE RULES AND LEGISLATION COMMITTEE 4-4 Subject: Civil Service Rules From: Councilmember Brunner and Council President de La Fuente Recommendation: A request to retain outside counsel to complete an update of Oakland's Civil Service Rules; on the July 13, 2004 Finance and Management Committee agenda (04-0544) Scheduled to *Finance & Management Committee on 7/13/2004 Scheduling Request.pdf 4-5 Subject: Origins Design Network - Extension of Contract Period",5,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"From: Community and Economic Development Agency Recommendation: Adopt a Resolution to amend a professional services contract between the City of Oakland and Origins Design Network to perform residential design review services, to extend the contract until the previous contract funds are depleted (no increase to the contract amount); on the July 13, 2004 Community and Economic Development Committee agenda (04-0542) Scheduled to *Community & Economic Development Committee on 7/13/ 2004 Scheduling Request.pdf 4-6 Subject: Planned Development Zoning District",6,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"From: Community and Economic Development Agency Recommendation: Adopt an Ordinance regarding a text amendment to the Zoning Code establishing a Planned Development Zoning District as Oakland Planning Code Chapter 17.139 ; on the July 13, 2004 Community and Economic Development Committee agenda and on the July 20, 2004 City Council agenda as a Public Hearing",7,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Final Passage will be scheduled for September 21, 2004 (04-0545) Scheduled to *Community & Economic Development Committee on 7/13/ 2004 Scheduling Request.pdf 4-7 Subject: Local Street and Road Repairs From: Public Works Agency Recommendation: Resolution authorizing application for $5,728,000 of Fiscal Year 2005-2006 and 2006-2007 Federal Surface Transportation Program funds for",8,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"local street and road repair in exchange for $5,155,000 of Oakland local transportation funds; on the July 13, 2004 Public Works Committee agenda (04- 0535) Scheduled to *Public Works Committee on 7/13/2004 Scheduling Request.pdf 4-8 Subject: Abatement of Dangerous and Insanitary Building Sewer Conditions From: Public Works Agency Recommendation: Adopt a Resolution confirming the report of assessment for the abatement of dangerous and insanitary building sewer conditions throughout the City; on the July 13, 2004 Finance and Management Committee agenda (04-0538) Scheduled to *Finance & Management Committee on 7/13/2004 Scheduling Request.pdf 4-9 Subject: Keep Oakland Beautiful Unit - Progress Report",9,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"From: Public Works Agency Recommendations: Discussion and action on a Progress report on the activities of the Public Works Agency, Keep Oakland Beautiful Unit and adopt a Resolution recognizing its advisory board members; on the July 13, 2004 Public Works Committee agenda (04-0539) Scheduled to *Public Works Committee on 7/13/2004 Scheduling Request.pdf 4-10 Subject: Retirement Service Credit From: Finance and Management Agency Recommendation: Adopt a Resolution authorizing the purchase of Public Employees Retirement System (PERS) service credit on a pre-tax basis; on the July 13, 2004 Finance and Management Committee agenda (04-0533)",10,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Scheduled to *Finance & Management Committee on 7/13/2004 Scheduling Request.pdf 4-11 Subject: Joint Exercise Powers Agreement & Issuance of Revenue Bonds From: Finance and Management Agency Recommendation: Adopt the following legislation regarding a Joint Exercise Powers Agreement: 1) A Resolution approving, authorizing and directing execution of a Joint Exercise",11,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"of Powers Agreement relating to the California Municipal Finance Authority; and ( 04-0547) Scheduled to *Finance & Management Committee on 6/22/2004 Scheduling Request.pdf, Item 6 6-22-04.pdf 4-12 Subject: Community Choice Aggregation Demonstration Project From: Office of the Mayor Recommendation: Adopt a Resolution appropriating $24,500 to Navigant Consulting, Inc., sole source technical analysts, so that the City of Oakland can join the Bay Area Consortium as a participant in the California Energy Commission",12,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"funded Community Choice Aggregation Demonstration Project; on the July 13, 2004 Public Works Committee agenda (04-0540) Scheduled to *Public Works Committee on 7/13/2004 Scheduling Request.pdf 4-13 Subject: Raiders Surcharge Expenditures From: Office of Parks and Recreation Recommendation: Discussion and action on a report on Raiders surcharge expenditures to benefit Citywide youth activities and ballfield maintenance; on the September 14, 2004 Life Enrichment Committee agenda (04-0534) Scheduled to *Life Enrichment Committee on 9/14/2004 Scheduling Request.pdf 4-14 Subject: National Park and Recreation Month From: Office of Parks and Recreation",13,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Recommendation: Adopt a Resolution proclaiming July as National Park and Recreation Month and celebrating the recapturing of the rich legacy of Oakland Parks and Recreation through people, parks and programs (04-0546) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 7/6/2004 Scheduling Request.pdf 4-15 Subject: Increase of City Council Salaries From: Public Ethics Commission and Office of the City Administrator Recommendation: Adopt the following legislation regarding an increase to City Council salaries:",14,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"1) Approve the Introduction (First Reading) of an Ordinance amending Ordinance Number 4727 C.M.S. to adjust the monthly salary schedule for the classification of Council Member; and (04-0541) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/29/2004 Scheduling Request.pdf, Item 2.5 Staff Report & Legislation 6-29-04.pdf ADDITIONAL REQUESTS SUBMITTED UPON THE DAIS Subject: Juneteenth Day in the City of Oakland - June 19, 2004 From: Councilmember Brooks Recommendation: Adopt a Resolution declaring June 19, 2004 Juneteenth Day in the City of",15,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Oakland and recognizing the rich history, culture and traditions of the African American Community (04-0549) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/15/2004 Item S-8.4 6-15-04.pdf Subject: Oakland Fine Arts Summer School From: Office of Parks and Recreation Recommendation: Adopt a Resolution authorizing the City Administrator to accept and appropriate an amount of $70,000 from the Oakland Unified School District for the Oakland Fine Arts Summer School (04-0550) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/15/2004 Item S-196-15-04.pdf Subject: Children's Fairyland - Contract Amendment From: Office of the City Attorney",16,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Recommendation: Adopt a Resolution authorizing an amendment to the agreement between Children's Fairyland, Inc. (""Non-Profit"") and the City of Oakland to designate the non-profit at City's Representative for the purpose of design and construction of improvements (04-0548) Scheduled to *Public Works Committee on 6/22/2004 Item 5 6-22-04.pdf (Item 4 6-10-04) Item 4 6-10-04.pdf 5 A review of the Council Committees' actions from June 8, 2004 and determination of scheduling to the ORA/City Council meeting of June 15, 2004 (1 week) or July 6, 2004 (4 weeks) or future dates (MATRIX) A motion was made by Member Chang, seconded by Member Reid, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa Please refer to Attachment A of these minutes for the approved scheduling of",17,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Committee Items (Item 5 6-10-04) Attachment A 6-10-04.pdf, Item 5 6-10-04.pdf 6 A review of the Agendas for the Council Committees for the meetings of June 22, 2004 A motion was made by Member Chang, seconded by Member Wan, to * Approve with the following amendments. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente The Committee moved, seconded and carried a motion to approve the agendas for June 22, 2004 Council Committees with the rescheduling of Item 10 on the Community and Economic Development Committee agenda to the July 13, 2004 Community and Economic Development Committee. 7 Subject: Assembly Bill 2367 - Asthma Reduction in the City of Oakland From: Council President De La Fuente Recommendation: Adopt a Resolution proclaiming support for initiatives to prevent, reduce,",18,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"and treat Asthma among Oakland's Children, specifically State Assembly Bill 2367 authored by Assemblywoman Wilma Chan (04-0462) A motion was made by Member Wan, seconded by Member Chang, that this matter be *Approve the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on June 15, 2004 As a Consent Calendar Item. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa Item 7 6-10-04.pdf, Item S-10.29 CC 6-15-04, Resolution 78626.pdf 8 Subject: AC Transit and BART Funds",19,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"From: President De La Fuente and Councilmember Quan Recommendation: Adopt a Resolution opposing the proposal in the Governor's recent budget for the Fiscal Year 2004-2005 (The ""May Revise"") to take funds from both the Alameda-Contra Costa Transit District (AC Transit) and the Bay Area Rapid Transit District (BART) (04-0483) A motion was made by Member Chang, seconded by Member Reid, that this matter be * Approve the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on June 15, 2004 As a Consent Calendar Item. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa 04-0483.pdf,",20,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Item 8 6-10-04.pdf, Item S-10.30CC 6-15-04.pdf, Resolution 78627. pdf 9 Subject: Assembly Bill 2815 - Pre-Release Parole Plans From: Oakland Police Department Recommendation: Adopt a Resolution declaring the City of Oakland's support of Assembly Bill 2815 which will provide three pilot counties with pre-release parole plans for each parolee released into those counties ninety (90) days prior to release (04-0485) A motion was made by Member Wan, seconded by Member Chang, that this matter be *Approve the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council,",21,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"due back on June 15, 2004 As a Consent Calendar Item. The motion carried by the following vote: Votes: Absent; 1 - Member Reid Aye; 3 - Member Chang, Member Wan and Chair De La Fuente The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa 04-0485.pdf, Item 9 6-10-04.pdf, Item S-10.31CC 6-15-04, Resolution 78628.pdf S-10 Subject: Assembly Bill 2290 - Solid Waste Collection Services From: Public Works Agency Recommendation: Adopt a Resolution of the City of Oakland opposing Assembly Bill 2290 ( Chavez) which proposes to eliminate franchise and local agency fees collected from State",22,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"agencies for solid waste collection services (04-0501) A motion was made by Member Wan, seconded by Member Chang, that this matter be *Approve the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on June 15, 2004 As a Consent Calendar Item. The motion carried by the following vote: Votes: Absent; 1 - Member Reid Aye; 3 - Member Chang, Member Wan and Chair De La Fuente The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa",23,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"The Committee moved, seconded and carried a motion to approve the following urgency finding pursuant to the Sunshine Ordinance Section 2.20.080 E(2) regarding scheduling of this Item: 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 relates to federal or state legislation. Item 10 SUPP 6-10-04.pdf, Item S-10.32CC 6-15-04,",24,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Resolution 78629 pdf S-11 Subject: Proposition 218 - Amendment 10 From: Public Works Agency Recommendation: Adopt a Resolution of the City of Oakland supporting Assembly Constitutional Amendment 10 (ACA 10) which exempts fees and charges for storm water and urban runoff management from requirements of Proposition 218 (04-0517) A motion was made by Member Chang, seconded by Member Wan, that this matter be * Approve the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on June 15, 2004 As a Consent Calendar Item. The motion carried by the following vote: Votes:",25,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Absent; 1 - Member Reid Aye; 3 - Member Chang, Member Wan and Chair De La Fuente The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa The Committee moved, seconded and carried a motion to approve the following urgency finding pursuant to the Sunshine Ordinance Section 2.20.080 E(2) regarding scheduling of this Item: that there is a need to take immediate action",26,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"which came to the attention of the local body after the agenda was posted, and that the need to take immediate action relates to federal or state legislation. Item 11 SUPP 6-10-04.pdf, Item S-10.33CC 6-15-04, Resolution 78630.pdf S-12 Subject: Assembly Bill 2690 - Volunteer Labor From: Public Works Agency Recommendation: Adopt a Resolution of the City of Oakland supporting Assembly Bill 2690 - change existing laws to exempt volunteer labor from prevailing wage requirements for public works projects (04-0518) A motion was made by Member Wan, seconded by Member Chang, that",27,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"this matter be *Approve the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on June 15, 2004. The motion carried by the following vote: Votes: Absent; 1 - Member Reid Aye; 3 - Member Chang, Member Wan and Chair De La Fuente The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa The Committee moved, seconded and carried a motion to approve the following",28,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"urgency finding pursuant to the Sunshine Ordinance Section 2.20.080 E(2) regarding scheduling of this Item: 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 relates to federal or state legislation. Item 12 SUPP 6-10-04.pdf, Item S-10.34CC 6-15-04, Resolution 78631. pdf OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES) The following individuals spoke and did not indicate a position on this item: - 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 11:38",29,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"a.m. NOTE: 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 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility.",30,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"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",31,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"Phone: (510) 238-7370 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",32,RulesAndLegislationCommittee/2004-06-10.pdf RulesAndLegislationCommittee,2004-06-10,"be taken. City Clerk and Clerk of the Council",33,RulesAndLegislationCommittee/2004-06-10.pdf