body,date,text,page,path
RulesAndLegislationCommittee,2004-07-01,"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
DRAFT
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, July 01, 2004
10:30 AM
City Council Chambers - 3rd Floor
The Oakland City Council Rules and Legislation Committee convened at
10:59 a.m., with President De La Fuente presiding as Chairperson.
Roll Call / Call to Order
Absent: Member Reid
Present: Member Chang, Member Wan and Chair De La Fuente
1
Closed Session
A motion was made by Member Chang, seconded by Member Wan, to
*
Approve as Submitted. The motion carried by the following vote:
Votes:
Absent; 1 - Member Reid
Aye; 3 - Member Chang, Member Wan and Chair De La Fuente
2
Approval of the Draft Minutes from the Committee meeting of June 17, 2004
A motion was made by Member Wan, seconded by Member Chang, to *",1,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Approve the Minutes. The motion carried by the following vote:
Votes:
Absent; 1 - Member Reid
Aye; 3 - Member Chang, Member Wan and Chair De La Fuente
3
Determination of Schedule of Outstanding Committee Items
A motion was made by Member Chang, seconded by Member Wan, to *
Approve as Submitted. The motion carried by the following vote:
Votes:
Absent; 1 - Member Reid
Aye; 3 - Member Chang, Member Wan and Chair De La Fuente
(Item 3 Rules 7-8)
4
Scheduling of Agenda Items and revisions to the agenda(s) for the ORA/City Council
meeting of July 6, 2004 (SUPPLEMENTAL)
The following individual spoke on Item 4 and did not indicate a position:
- Sanjiv Handa
4-1
Subject: Sutter Health - Contract Amendment
From:
Oakland Fire Department
Recommendation: Adopt a Resolution authorizing the City Administrator to amend",2,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Resolution Number 76105 C.M.S dated October 31, 2000 to increase the contract
with Sutter Health @ Work by ninety thousand dollars ($90,000) for physical
fitness assessments and health testing services for the City of Oakland's
Firefighting Personnel to meet current regulatory requirements and standards of
compliance, to a total contract amount not to exceed one hundred eighty four
thousand one hundred fifty dollars ($184,150.00) (04-0611)
Scheduled to *Public Safety Committee on 7/13/2004
Scheduling Request.pdf,",3,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Item 8 7-13-04.pdf
4-2
Subject: New Weed and Seed Sites in East and West Oakland
From:
Oakland Police Department
Recommendation: Adopt a Resolution authorizing a professional services
agreement with Resource Development Associates in the amount of forty thousand
dollars ($40,000) for the development of two official recognition applications for
submission to the U.S. Department of Justice, Office of Justice Programs,",4,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Executive Office for Weed and Seed, for the establishment of New Weed and Seed
Sites in East and West Oakland (04-0610)
Scheduled to *Public Safety Committee on 7/13/2004
Scheduling Request.pdf,
Item 77-13-04.pdf
4-3
Subject:
Operations of the Pacific Renaissance Plaza Garage
From:
Office of the City Auditor
Recommendation: Receive an Informational Report on the performance audit of
the Management Agreement between the City of Oakland and International
Hotelier Management Corporation regarding the operations of the Pacific",5,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Renaissance Plaza Garage; on the July 13, 2004 Public Works and Finance and
Management Committee agendas (04-0624)
Scheduled to *Finance & Management Committee on 9/14/2004
Scheduling Request.pdf
4-4
Subject: Cannabis Initiative Petition
From:
Office of the City Clerk
Recommendation: Receive a Report from the City Clerk on the results of signature
verification of the Oakland Cannabis Initiative Petition and adopt the following
legislation: (04-0626)
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/
City Council on 7/20/2004
As a Non-Consent item
Scheduling Request.pdf
4-5
Subject: Ernie Robinson - Service Recognition",6,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"From:
Councilmember Reid
Recommendation: Adopt a Resolution commending Deputy Chief Ernest A.
Robinson III for 30 years of outstanding and dedicated service and congratulating
him on his retirement (04-0613)
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/
City Council on 7/20/2004
As a Ceremonial item
Scheduling Request.pdf,
Item 8.3.pdf
4-6
Subject: Gerald Simon - Service Recognition
From:
Councilmember Reid
Recommendation: Adopt a Resolution commending Chief Gerald Simon for
outstanding and dedicated service and congratulating him on his retirement (04-
0614)
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/",7,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"City Council on 7/20/2004
As a Ceremonial item
Scheduling Request.pdf,
Item 8.4.pdf
4-7
Subject: Henry Renteria - Service Recognition
From:
Councilmember Reid
Recommendation: Adopt a Resolution commending Henry R. Renteria for his 19
years of dedicated service as Oakland's Emergency Manager, congratulating him
on his retirement from the City of Oakland, and wishing him well as assumes
leadership as the Director of the Governer's Office of Emergency Services (04-
0615)",8,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/
City Council on 7/20/2004
As a Ceremonial item
Scheduling Request.pdf,
Item 8.5.pdf
4-8
Subject
Barry Weiland - Service Recognition
From:
Councilmember Reid
Recommendation: Adopt a Resolution honoring Barry Weiland upon his retirement
from the City of Oakland (04-0616)
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/
City Council on 7/20/2004
As a Ceremonial item
Scheduling Request.pdf,
Item 8.6.pdf
4-9
Subject:
Drew Winsor - Service Recognition
From:
Councilmember Reid
Recommendation: Adopt a Resolution honoring Drew Winsor upon his retirement
from the City of Oakland (04-0617)
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/
City Council on 7/20/2004
As a Ceremonial item",9,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Scheduing Request.pdf
4-10
Subject:
Conditional Use Permit Ordinance
From:
Councilmember Wan
Recommendation: Adopt an Interim Ordinance requiring a Major Conditional Use
Permit for development resulting in more than two units per lot in the area
generally bounded by MacArthur Boulevard on the north, 23rd Avenue on the east,",10,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Marin Way and E. 15th Street on the south, and 5th Avenue and Park Blvd. on the
west. (The Planning Commission is also directed to initiate a zoning study of the
area. The Ordinance shall be in effect for a maximum of two years or until the
Planning Commission forwards a recommendation for rezoning of the study area);
on the September 28, 2004 Community and Economic Development Committee",11,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"agenda (04-0618)
Scheduled to *Community & Economic Development Committee on 9/28/
2004
Scheduling Request.pdf
4-11
Subject: Traffic Signal Projects - Reschedule
From:
Public Works Agency
Recommendation: Adopt a Resolution authorizing the City Administrator to award
a construction contract to Ray's Electric for the traffic signal projects at the",12,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"intersections of Franklin Street at 7th Street, International Boulevard at 103rd/104
th Avenues, and Mountain Boulevard at Village Square Driveway (City Project
Nos. C222210, C160110, and C64630) in the amount of four hundred twenty-three
thousand seven hundred thirty dollars ($423,730); from the July 13, 2004 Public
Works Committee agenda to the Pending List for No Specific Date (04-0590)
*Withdrawn with No New Date
Placed on the Pending List/No Specific Date
Scheduling Request.pdf
4-12
Subject: Coliseum Bart Station Area Underground Utility District - No. 235",13,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"From:
Public Works Agency
Recommendation: Adopt a Resolution of Intention to establish Underground
Utility District Number 235: Coliseum BART Station Area Underground Utility
District which includes San Leandro Street, between 66th and 73rd Avenues, and
73rd Avenue to be funded under California Public Utilities Commission (CPUC)
Rule 20B and pursuant to Ordinance Number 7769 C.M.S.; on the September 28,",14,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"2004 Public Works Committee agenda and on the October 19, 2004 City Council
agenda as a Public Hearing (04-0608)
Scheduled to *Public Works Committee on 9/28/2004
and on the October 19, 2004 City Council agenda as a Public Hearing
Scheduling Request.pdf
4-13
Subject:
Underground Utility District - Number 236S
From:
Public Works Agency
Recommendation: Adopt a Resolution of Intention to establish Underground
Utility District Number 236S, developed subdivisions with completed underground",15,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"utility service: Ariane Court, a segment of Diablo Drive, Bishops Court,
Observation Place, Skyline Circle and a segment of Redwood Road, pursuant to
Ordinance Number 7769 C.M.S.; on the September 28, 2004 Public Works
Committee and on the October 19, 2004 City Council agenda as a Public Hearing
(
04-0621)
Scheduled to *Public Works Committee on 9/28/2004
and on the October 19, 2004 City Council agenda as a Public Hearing
Scheduling Request.pdf
4-14",16,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Subject: Swinerton Builders - Police Administration Building
From:
Public Works Agency
Recommendation: Adopt a Resolution authorizing the City Administrator to amend
the professional services contract with Swinerton Builders for Construction",17,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Manager At-Risk Services to include the construction phase of the Police
Administration Building Weak Story Seismic Retrofit Phase I Project and to either
(1) increase the contract compensation amount by $8 million for a total contract
amount not to exceed $8.5 million if the Federal government approves Federal",18,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Emergency Management Agency (""FEMA"") Grant Funds for the project or, (2)
increase the contract compensation amount by $5.5 million of Measure I funding (
Bond funding for public safety purposes) for a total contract amount of $6 million,
if FEMA grant funds are not approved (PURSUANT TO SECTION 902-E OF",19,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE OF THE
COUNCIL - 6 AFFIRMATIVE VOTES) (04-0622)
Scheduled to *Public Safety Committee on 7/13/2004
Scheduling Request.pdf,
Item 97-13-04.pdf,
Item 9 Auditor Report 7-13-04.pdf
4-15
Subject:
Merchant Kiosks in City Hall Plaza
From:
Public Works Agency",20,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Recommendation: Adopt a Resolution authorizing the City Administrator to award
a construction contract to the lowest responsible bidder for a not-to-exceed amount
of one hundred fifty thousand dollars ($150,000) for the installation of merchant
kiosks in the City Hall Plaza; on the July 13, 2004 Public Works Committee
agenda (04-0623)
Scheduled to *Public Works Committee on 7/13/2004
Subsequent to the Rules and Legislation Committee meeting, this item was
rescheduled to the July 13, 2004 Finance and Management Committee agenda
Scheduling Request.pdf
4-16
Subject:
Solar Power Project",21,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"From:
Public Works Agency
Recommendation: Adopt the following legislation regarding a solar power project:
1) A Resolution authorizing the City Administrator to implement a one megawatt",22,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"solar power and energy efficiency project by appropriating and allocating funds in
the total amount of
$7,759,500; and entering into an agreement with PowerLight Corp. in an amount
not to exceed",23,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"$7,214,338(PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS
ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES)
; and (04-0625)
Scheduled to *Finance & Management Committee on 7/13/2004
Scheduling Request.pdf,
Item 77-13-04.pdf
4-17
Subject: Doris M. Malvo - Service Recognition
From:
Finance and Management Agency
Recommendation: Adopt a Resolution commending Doris M. Malvo for more",24,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"than 30 years of devoted and dedicated service and congratulating her on her
retirement (04-0607)
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/
City Council on 7/20/2004
As a Consent Calendar item
Scheduling Request.pdf,
Item 10.11CC.pdf
4-18
Subject: Historical Police Overtime Spending and Reimbursements
From:
Office of the City Administrator
Recommendation: Discussion and possible action on a Report on historical Police
overtime spending and reimbursements; on the September 14, 2004 Finance and
Management Committee agenda (04-0619)
Scheduled to *Finance & Management Committee on 9/14/2004
Scheduling Request.pdf
4-19
Subject: Community Choice Aggregation Demonstration Project",25,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"From:
Office of the City Administrator
Recommendation: Adopt the following legislation regarding alternative energy
opportunities:
1) A Resolution authorizing the City Administrator to accept and appropriate $3,
500,000 from the Williams Energy Settlement to be used for activities that promote",26,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"alternative energy production or improve energy efficiency in the City, and; (04-
0540)
*Withdrawn and Rescheduled to *Finance & Management Committee on 7
/13/2004
Withdrawn from the July 13, 2004 Public Works Committee agenda
Scheduling Request.pdf,
Revised Scheduling Request.pdf,
Item 5 7-13-04.pdf
4-20
Subject:
Oakland City Stables
From:
Office of Parks and Recreation
Recommendation: Discussion and action on a report and recommendations to issue
a Request for Proposals for the operation of Oakland City Stables and to proceed",27,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"with Capital Improvements (04-0609)
Scheduled to *Life Enrichment Committee on 7/13/2004
Scheduling Request.pdf,
Item 57-13-04.pdf
4-21
Subject:
Summer Recess Purchase Authorizations
From:
Office of the City Administrator
Recommendation: Adopt a Resolution authorizing the City Administrator to take
action on procurement of the following supplies and services exceeding $500,000",28,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"and professional services contracts exceeding $150,000 during the Oakland
Redevelopment Agency /City Council 2004 Summer Recess:
(1) Authorization to negotiate and execute a professional services contract for
transportation planning services with the selected consultant in an amount not to",29,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"exceed $156,000 from the Fruitvale Alive Environmental Justice Grant; and (04-
0612)
Scheduled to *Finance & Management Committee on 7/13/2004
Scheduling Request.pdf,
Item 67-13-04.pdf
(Item 4 Rules 7-1-04)
Item 4 Rules 7-1-04.pdf
5
A review of the Agendas for the Council Committees for the meeting(s) of July 13, 2004
* Approve with the following amendments
The following individual spoke on Item 5 and did not indicate a position:
- Sanjiv Handa
From the July 13, 2004 Finance and Management agenda:
Subject: Retirement Service Credit
From:
Finance and Management Agency
Recommendation: Adopt a Resolution authorizing pre-tax payroll deduction for service credit
purchase from California Public Employees Retirement System (CalPERS) (04-0533)
*Withdrawn with No New Date
Scheduling Request.pdf",30,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"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 (04-0544)
*Withdrawn with No New Date
Scheduling Request.pdf
From the July 13, 2004 Community and Economic Development agenda:
Subject: Oakland Business Development Corporation (OBDC)
From:
Community and Economic Development Agency
Recommendation: Adopt a Resolution amending Resolution No. 77823 C.M.S. to increase the
amount of the contract with the Oakland Business Development Corporation (OBDC) by $80,",31,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"000 for a total contract amount of $395,000 during Fiscal Year 2003-2004 to continue the
expansion of OBDC's lending authority and provide loan servicing for the City's and
Redevelopment Agency's loan portfolio, and allocating $2,400 for contract compliance (04-
0078-1)
*Withdrawn and Rescheduled to *Community & Economic Development
Committee on 9/14/2004
04-0078-1.pdf
Subject:
Small Business Growth Center
From:
Community and Economic Development Agency
Recommendation: Discussion and action on a report and recommendation identifying funding
in the amount of $50,000 to the Small Business Growth Center (04-0502)
*Withdrawn and Rescheduled to *Community & Economic Development
Committee on 9/14/2004",32,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"04-0502.pdf
From the July 13, 2004 Life Enrichment Committee agenda:
Subject:
Oakland Youth Commission
From:
Department of Human Services
Recommendation: Receive the Annual Informational report regarding the Oakland Youth
Commission for the period 2003-2004 (04-0506)
*Withdrawn and Rescheduled to *Life Enrichment Committee on 9/14/
2004
04-0506.pdf
From the July 13, 2004 Public Safety Committee agenda:
Subject: Update Report on Oakland's Liquor Stores
From:
Office of the City Attorney
Recommendation: A Discussion and action on an updated report card with recommendations
on Oakland's Liquor Stores: The Good, the Bad, & the Ugly according to the Community (04-
0273-1)
*Withdrawn and Rescheduled to *Public Safety Committee on 9/28/2004
Scheduling Request.pdf
(Item 5 Rules 7-1-04)
Item 5 Rules 7-1-04.pdf
S-6",33,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Subject:
Amendment to Assembly Bill 2523 - Nuisance Evictions
From:
Office of the City Administrator
Recommendation: A Discussion and possible action on a report regarding Assembly Bill 2523
that would require the City Attorney to issue nuisance eviction notices, limit recovery of
attorney's fees payable by landlords to the City, and require response to notices in 30 days (04-
0578)
A motion was made by Member Chang, seconded by Chair De La Fuente,
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 July 6, 2004. The motion carried by the following",34,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"vote:
Votes:
Abstained; 1 - Member Wan
Absent; 1 - Member Reid
Aye; 2 - Member Chang and Chair De La Fuente
The following individual spoke on Item S-6 and did not indicate a position:
- Sanjiv Handa",35,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"The City Clerk advised the Council that at the Rules and Legislation Committee
of June 24, 2004 an urgency finding was made to place this item on the agenda.",36,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Agency/Councilmember Chang made a motion seconded by Agency/
Councilmember Wan to approve an urgency finding pursuant to Section 2.20.",37,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"080 E(2) regarding Item S-6 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.",38,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"The Committee carried a motion to direct staff to withdraw the City of Oakland
from Assembly Bill 2523; 2 Ayes; 1 Abstain - Wan; 1 Absent - -Reid
Scheduling Request.pdf,
Item 6 SUPP RLC 07-01-04.pdf,
Item S-26.pdf
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
The following individual spoke under Open Forum:",39,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"- 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
12:15 p.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",40,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"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.",41,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"Office of the City Clerk
Phone: (510)238-7370
Fax: (510)238-6699
Recorded Agenda: (510) 238-2386",42,RulesAndLegislationCommittee/2004-07-01.pdf
RulesAndLegislationCommittee,2004-07-01,"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",43,RulesAndLegislationCommittee/2004-07-01.pdf