body,date,text,page,path RulesAndLegislationCommittee,2004-09-16,"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, September 16, 2004 10:30 AM City Council Chambers - 3rd Floor The Oakland City Council Rules and Legislation Committee convened at 10:50 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 COMMITTEE MEMBERSHIP: 1 Closed Session A motion was made by Member Reid, 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 2 Approval of the Draft Minutes from the Committee meetings of July 8 and July 15, 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 (RULES item 3 9-16) Committee Report - Item 3 - 9-16-04.pdf 3 Determination of Schedule of Outstanding Committee Items",1,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"A motion was made by Member Chang, seconded by Member Reid, to Approve as Amended. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente FROM SEPTEMBER 30, 2004: 1 Subject: Amendment to the Sunshine Ordinance From: Office of the City Clerk/Public Ethics Commission Recommendation: Action on a Report and Recommendation to amend Chapter 2.20 of the Oakland Municipal Code (known as the City of Oakland Sunshine Ordinance) to 1) excuse the creation, production and on-line and off-line posting requirements for public meetings due to computer and systems disruption, virus activities, failure and/or emergency maintenance or",2,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"repair; and 2) require that City Executive Officers provide agenda-related materials to the City Clerk (04-0651) *Rescheduled to *Rules & Legislation Committee on 10/7/2004 4 Scheduling of Agenda Items and revisions to the agenda for the ORA/ City Council meeting of September 21, 2004 (SUPPLEMENTAL) A motion was made by Member Reid, seconded by Member Wan, to Approve as Amended. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente S-4-1 Subject: ""Bulletproof Vest Partnership"" Grant Funding From: Oakland Police Department Recommendation: Adopt a Resolution authorizing the City Administrator to accept five thousand ten dollars and forty-one cents ($5,010.41) in ""Bulletproof Vest",3,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Partnership"" grant funding from the United States Department of Justice, Bureau of Justice Assistance, and appropriate said funds to the Police Department (04-0707) Scheduled to *Public Safety Committee on 9/28/2004 Committee Report Item 4 9-28-04 and 10-19CC 10-5 pdf, Resolution No. 78834.pdf S-4-2 Subject: City Attorney's 2003-2004 Annual Report From: Office of the City Attorney Recommendation: Action on an Annual Report from the City Attorney's Fiscal Year 2003-2004 (04-0657) Scheduled to *Finance & Management Committee on 9/28/2004 Committee Report Item 69-8-04.pdf, Item S-6 Committee Report.pdf, Supplementa Council Report Item 10.7CC pdf S-4-3 Subject: Amendment to the Oakland Municipal Code",4,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"From: President of the Council De La Fuente Recommendation: An Ordinance adding Chapter 10.28_to Title 10, vehicles and traffic, of the Oakland Municipal Code, regulating the parking of noncommercial buses, campers, camp trailers, semitrailers, trailers, trailer coaches, trailer buses, fifth-wheel travel trailers, factory-built housing, house cars, mobilehomes, motorhomes, recreational vehicles or RV's, or vehicles built or modified for",5,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"domicile of persons or animals on city streets, portions thereof or city throughfares throughout the city (04-0684) Scheduled to *Public Safety Committee on 10/12/2004 Committee Report Item 10.pdf S-4-4 Subject: Travel Authorization - Councilmembers Nancy Nadel and Larry E. Reid From: Councilmembers Nadel and Reid Recommendation: Adopt a Resolution authorizing Councilmembers Nancy Nadel and Larry E. Reid's travel to Indianapolis, IN from Nov. 30 - Dec. 4 for the National League of Cities Conference (04-0717)",6,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/5/2004 Item 10.7CC10-05-04.pdf, Resolution No. 78828.pdf S-4-5 Subject: United Nations Month - October 2004 From: Councilmember Nadel Recommendation: Adopt a Resolution declaring October 2004 United Nations Month in the City of Oakland (04-0725) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/5/2004 Item 8.3 10-05-04.pdf, Resolution No. 78819.pdf S-4-6 Subject: Marriage Equality Express Day From: Councilmember Wan Recommendation: Adopt a Resolution congratulating the Marriage Equality Express on its Cross-country Educational Expedition and declaring October 4,",7,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"2004 Marriage Equality Express Day (04-0729) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 9/21/2004 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 a purely ceremonial or commendatory action. Resolution 78781. pdf S-4-7 Subject: 880 North Safety Improvement Project",8,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"From: Council President De La Fuente Recommendation: Adopt a Resolution designating the Alameda County Congestion Management Agency (ACCMA) as the lead project sponsor and implementing agency for the Interstate - 880 North Safety Improvement Project, with Oakland's Community and Economic Development Agency as an active partner that ACCMA will consult and include in all material discussions (04-0731) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 9/21/2004 This item was previously noticed on an agenda pursuant to the 10 day noticing requirements. S-4-8",9,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Subject: Subsidized Funds Serving Low Income Tenants From: Community and Economic Development Agency Recommendation: Action on a Report from the Community and Economic Development Agency regarding the number of buildings developed with subsidized funds serving low income tenants scheduled to convert to market rate, the dates scheduled for conversion and steps to mitigate the impacts of conversion to low income tenants (04-0732) Scheduled to *Community & Economic Development Committee on 10/26/2004 Council Report 10.16CC 11-16-04.pdf, 11-16-04 Council S-10.16CC.pdf",10,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"S-4-9 Subject: Health and Human Services Commission's Charter From: Department of Human Services Recommendation: A request to remove from the September 28, 2004 Life Enrichment Committee agenda a Report from the Health and Human Services Commission regarding its Charter and future directions; to Pending No Specific Date (04-0649) Scheduled to *Life Enrichment Committee S-4-10 Subject: Senior Companion Program From: Department of Human Services",11,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Recommendation: Adopt a Resolution authorizing the City Administrator to accept and appropriate grant funds from the City of Berkeley in the amount estimated at $14,825 and the Alameda County Area Agency on Aging in the amount estimated at $40,289 for the Senior Companion Program for the Fiscal Year 2004-2005 (04-0720) Scheduled to *Life Enrichment Committee on 9/28/2004 Committee Report Item 8 9-28-04 and 10-17CC 10-1 pdf, Resolution No. 78832.pdf S-4-11 Subject: Easement - 5982 Ascot Drive From: Community and Economic Development Agency Recommendation: Adopt an Ordinance abandoning a 5-foot wide reserve public utility easement located on the northeastern line of 5982 Ascot Drive (04-0712)",12,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Scheduled to *Public Works Committee on 9/28/2004 CMTE Rpt 5 9-28-04/10-12-04 & Council Rpt 10-19- pdf S-4-12 Subject: Easement - 6012 Ascot Drive From: Community and Economic Development Agency Recommendation: Adopt an Ordinance abandoning a 5-foot wide reserve public utility easement located on the southwestern line of 6012 Ascot Drive (04-0713) Scheduled to *Public Works Committee on 9/28/2004 CMTE Rpt 9-28-04/10-12-04 & Council Rpt 10-19-04 & pdf, 78850.pdf S-4-13 Subject: Commercial Facade Improvement From: Community and Economic Development Agency Recommendation: Adopt an Agency Resolution reallocating $400,358 from the Downtown Business Briefing Center to the Downtown Tenant Improvement",13,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Program and Facade Improvement Program and authorizing the Agency Administrator to negotiate and execute all design contracts for the Commercial Facade Improvement and Tenant Improvement Programs without returning to the Agency (04-0715) Scheduled to *Community & Economic Development Committee on 9/28/2004 Committee Report Item 3 9-28-04 and item 10.12 1....pdf, ORA Resolution No. 2004-54.pdf S-4-14 Subject: Job Training Performance Standards From: Community and Economic Development Agency Recommendation: Action on a Report on the Job Training Performance Standards of City-funded Workforce Development Programs (04-0716)",14,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Scheduled to *Community & Economic Development Committee on 9/28/2004 Committee Report 6 Item 9-28-04 and 10.13 10-5-04 pdf, Committee 9-28-04 - Council 10-5-04 - Council 10-. pdf S-4-15 Subject: Workforce Investment Areas From: Community and Economic Development Agency Recommendation: Adopt a Resolution supporting the City of Oakland's continued designation as a Workforce Investment Area and opposing California Performance Review Section GG23, a recommendation to realign and consolidate Workforce Investment Areas and Boards (04-0728) Scheduled to *Rules & Legislation Committee on 9/30/2004 Committee Report Item 7 9-30-04 Item 10-21CC 10 pdf, Resolution No. 78836.pdf S-4-16 Subject: New Market Tax Credit",15,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"From: Community and Economic Development Agency Recommendation: Adopt the following pieces of legislation: 1) A Resolution authorizing the City of Oakland to apply for an allocation of New Market Tax Credits as strong affiliatee of Oakland Renaissance NMTC, Inc. (04-0730) Scheduled to *Community & Economic Development Committee on 9/28/2004 Committee Report Item 5 9-28-04 and Item 23 10-5 pdf, Resolution No. 78843.pdf S-4-17 Subject: Free Holiday Parking and Anticipated Parking Revenues From: Community and Economic Development Agency Recommendation: Adopt the following pieces of legislation:",16,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"1) A Resolution authorizing free parking at certain City-owned parking garages during the 2004 Holiday season; and (04-0733) Scheduled to *Community & Economic Development Committee on 9/28/2004 Cmte Rpt 9-28-04 & 10-19-04 and Council Rpt 16 11 pdf S-4-18 Subject: Pedestrian Countdown Signals From: Public Works Agency Recommendation: Adopt a Resolution authoring the City Administrator to enter into a grant agreement with the State of California, Office of Traffic Safety (OTS), in the amount of one hundred thirty-one thousand five hundred dollars ($131,500),",17,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"and to accept and appropriate project funds to install pedestrian countdown signals at twenty-three (23) intersections (04-0704) Scheduled to *Public Works Committee on 10/12/2004 11-9-04 Cmte 3.pdf, Council Report S-33 11-16-04.pdf S-4-19 Subject: Oakland Municipal Employees Retirement System From: Finance and Management Agency Recommendation: Adopt an Ordinance amending Section 14.8 of Ordinance No 713 C.M.S to provide a $75.00 monthly increase to Oakland Municipal Employees Retirement System (OMERS) retirees and $37.50 monthly increase to OMERS",18,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"beneficiaries; on the September 28, 2004 Finance and Management Committee agenda (04-0727) Scheduled to *Finance & Management Committee on 9/28/2004 Committee Report 9-28-04 - Council 10-5-04 and 10- pdf, 12625.pdf S-4-20 Subject: Risk Management Measures From: Oakland Police Department Recommendation: Action on a Status Report from the Chief of Police on Risk Management Measures taken by the Police Department to reduce civil claims and other payouts and promote employee safety (04-0668) Scheduled to *Finance & Management Committee on 9/28/2004 Committee Report Item 9.pdf, Committee Report 4.pdf S-4-21 Subject: Oakland Public Library's - Master Facilities Plan",19,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"From: Library Department Recommendation: Action on a Status Report regarding the Oakland Public Library's draft Master Facilities Plan and request for feedback on the needs assessment and recommendations for Oakland's libraries (04-0703) Scheduled to *Life Enrichment Committee on 9/28/2004 Committee Report Item 9 9-28-04 and Item 3 10-1....pdf S-4-22 Subject: Children's Bicycle Safety Program From: Oakland Parks and Recreation Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, accept and appropriate grant funds from the State of California Office of Traffic Safety in an amount not to exceed one hundred twenty thousand dollars",20,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"($120,000) for the expansion of the Children's Bicycle Safety Program (04-0722) Scheduled to *Public Safety Committee on 9/28/2004 Committee Report Item 3 9-28-04 and 10-18CC 10-1 pdf, Resolution No. 78833.pdf S-4-23 Subject: State of California Department of Boating and Water From: Oakland Parks and Recreation Recommendation: Adopt a Resolution authorizing the City Administrator to apply for, accept and appropriate grant funds from the State of California Department of Boating and Waterways in the amount of sixteen thousand six hundred and fifteen dollars ($16,615) for boating equipment for the Lake Merritt Boating Center and",21,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"promotion of Boating Safety Education (04-0724) Scheduled to *Public Safety Committee on 9/28/2004 Committee Report item 5 9-28-04 and 10-20CC 10-5-....pdf, Resolution No. 78835.pdf S-4-24 Subject: On Broadway Permit Revocation - Public Hearing From: Office of the City Administrator Recommendation: A request to withdraw from the September 21, 2004 City Council agenda a Public Hearing to approve the recommendation to revoke the ""On Broadway"" cabaret permit and deny the appeal of Charles Clewis to the November 16, 2004 City Council agenda (04-0686-1) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 11/16/2004 S-4-25",22,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Subject: BART - Earthquake Safety Program From: Citizens for BART Earthquake Safety Recommendation: Adopt a Resolution endorsing the November 2, 2004 Ballot Measure regarding the BART Earthquake Safety Program and Measure AA (04-0726) Scheduled to *Rules & Legislation Committee as a scheduling request S-4-26 Subject: Request for Angle Parking From: Old Oakland Historic District Business Association Recommendation: a presentation of petition and request for angle parking on 8th Street between Broadway and Martin Luther King, Jr. Way (04-0734) Scheduled to *Public Works Committee On the Public Works Committee Pending List ADDITIONAL REQUESTS SUBMITTED ON THE DAIS 1. Subject: Driving Under the Influence From: Oakland Police Department",23,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Recommendation: Action on a Report from the Chief of the Oakland Police Department regarding policy on Driving Under the Influence (DUI) traffic checkpoint stops, when there was a change in direction and who directed the change (04-0778) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/5/2004 S-2. Subject: Racial Profiling From: Oakland Police Department Recommendation: Action on a Report regarding Racial Profiling in the City of Oakland. (04-0779) Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/5/2004 (Rules CMTE Item 4) Committees Pending Lists for Rules.pdf 5 A review of the Council Committees' actions from September 14, 2004 and determination of scheduling to the ORA/City Council meeting of September 21, 2004 or future dates (CMTE Matrix 9-14-04) 9-14-04 Committee Matrix.pdf 6 A review of the Agendas for the Council Committee meetings of September 28, 2004 (Rules CMTE Item 6) Item 6 Draft Agendas for 9-28-04.pdf CHANGES TO THE FINANCE AND MANAGEMENT COMMITTEE AGENDA OF SEPTEMBER 28, 2004: 1",24,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Subject: Revisions to the Civil Services Rules From: Office of the City Attorney Recommendation: Action on a Report regarding proposed revisions to the Personnel Manual of the Civil Service Board (04-0165) *Rescheduled to *Finance & Management Committee on 10/12/2004 Committee Report Item 3.pdf, Committee Report 3.pdf CHANGES TO THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE AGENDA OF SEPTEMBER 28, 2004: 1 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, Marin Way and E. 15th Street on",25,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"the south, and 5th Avenue and Park Blvd. on the west. (04-0618) Scheduled to *Community & Economic Development Committee To pending list. 2 Subject: Planned Development Zoning District - Public Hearing From: Community and Economic Development Agency Recommendation: A request to remove from the September 28, 2004 Community and Economic Development Committee agenda a Public Hearing regarding Introduction (First Reading) of an Ordinance adopting Oakland Planning Code Chapter 17.139 (Planned Development Zoning District Procedure) and making related changes to Oakland's Master Fee",26,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Schedule and Chapter 17.139 (Enforcement); to the October 12, 2004 Community and Economic Development Committee agenda (04-0545-1) *Rescheduled to *Community & Economic Development Committee on 10/12/2004 3 Subject: West Oakland Community Fund From: Community and Economic Development Agency Recommendation: Discussion and action on a report regarding a proposal to establish a West Oakland Community Fund (Community Trust) (04-0384) Scheduled to *Community & Economic Development Committee To pending list. Scheduling Request.pdf, Item 3 Part 27-13-04.pdf, Item 3 7-13-04.pdf 7 Subject: Support and Services for Office Moves From: Legislative Analyst",27,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Recommendation: Action on a Report pursuant to Bell Moving Company's contract to provide moving services for City Departments and Agencies (04-0676) A motion was made by Member Wan, seconded by Member Reid, that this matter be *Rescheduled to the *Finance & Management Committee, to be heard at the October 12, 2004 meeting. The motion carried by the following vote: Votes: Aye; 4 - Member Chang, Member Reid, Member Wan and Chair De La Fuente Committee Report - Item 7 - 10-26-04.pdf 8 Subject: Global Warming From: Councilmember Nadel Recommendation: Adopt a Resolution in Support of California's Law to reduce Global Warming pollution from passenger cars and light trucks (04-0655) A motion was made by Member Reid, seconded by Member Wan, that this matter be *Rescheduled to the Concurrent Meeting of the Oakland",28,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Redevelopment Agency / City Council, to be heard at the September 21, 2004 meeting 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 Committee Report - Item 8 - 9-16-04.pdf, Supplemental Council Report 10.13CC 9-21-04.pdf, Resolution 78782.pdf OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES) Adjournment There being no further business, upon the motion duly made, the Oakland City Council Rules and Legislation Committee adjourned at 11:42 a.m. NOTE: Americans With Disabilities Act If you need special assistance to participate in Oakland City Council and Committee meetings",29,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings.",30,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Office of the City Clerk Phone: (510)238-7370 Fax: (510)238-6699",31,RulesAndLegislationCommittee/2004-09-16.pdf RulesAndLegislationCommittee,2004-09-16,"Recorded Agenda: (510) 238-2386 Telecommunications Display Device: (TDD) THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS. (...) * 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",32,RulesAndLegislationCommittee/2004-09-16.pdf