body,date,text,page,path RulesAndLegislationCommittee,2007-05-31,"City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza 1852 2002 Meeting Minutes Oakland, California 94612 OAKLAND LaTonda Simmons, City Clerk Grawing fit are 150 *Rules & Legislation Committee Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Thursday, May 31, 2007 10:30 AM City Council Chambers - 3rd Floor Roll Call / Call to Order Present: Vice Mayor Chang, Member Reid, Member Brunner and Chair De La Fuente The Oakland City Council Rules and Legislation Committee convened at 10:45 AM, with Council President De La Fuente presiding as Chairperson. 1 Closed Session The office of the City Attorney scheduled a Closed Session for Tuesday, June 5, 2007 from 1:30 PM to 3:30 PM 2 Approval of the Draft Minutes from the Committee meeting of May 17, 2007 A motion was made by Vice Mayor Chang, seconded by Member Brunner, to *Approve the Minutes. The motion carried by the following vote: Votes: Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La Fuente 3 Determination of Schedule of Outstanding Committee Items There was no action necessary for this item 05-31 Rules Item 3 View Item.pdf 4 Scheduling of Agenda Items and revisions to the agenda for the ORA/City Council meeting of June 5, 2007 (SUPPLEMENTAL) A motion was made by Vice Mayor Chang, seconded by Member Reid, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La Fuente City of Oakland Page 1 Printed on 1/31/08",1,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 S-4-1 Subject: Contra Costa Sheriff - Services Agreement From: Oakland Police Department Recommendation: A Request To Withdraw From The June 12, 2007 Public Safety Committee A Resolution Authorizing A Professional Services Agreement In An Amount Not To Exceed One Hundred Thousand Dollars ($100,000) With The County Of Contra Costa, Office Of The Sheriff, Forensic Services Division, For The Period January 1, 2007 To June 30, 2008, For Latent Print Comparison And Identification Services On Behalf Of The Police Department; And Reschedule To The June 26, 2007 Public Safety Committee Reason: Additional time needed to complete contract negotiations. 07-0176 *Withdrawn and Rescheduled to *Public Safety Committee on 6/26/2007 View Report.pdf 80698 CMS.pdf S-4-2 Subject: City Slicker Farms From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Authorizing The Office Of Parks And Recreation To Discuss And Develop An Agreement With City Slicker Farms For The Alternative/Nontraditional Use Of City Property As A Community Market Farm At Two Triangle-Shaped Plots Of City-Owned Land Located Within The Area Formed By The Intersections Of Haven, Fitzgerald, And Peralta Streets, At 34th Street 07-0268 Scheduled to *Life Enrichment Committee on 7/10/2007 View Report.pdf 80752 CMS.pdf S-4-3 Subject: Intercity Rail Amtrak Platform Project From: Community and Economic Development Agency Recommendation: Adopt A Resolution To Reallocate The Unspent Balance Of Agency Funds Remaining From The Design And Construction Of The Intercity Rail Amtrak Platform Project Towards Funding The Construction Of The PG&E Rule 20-B San Leandro Street Utility Underground Project In The Amount Of $817,900; On The July 10, 1007 Community And Economic Development Committee Agenda 07-0340 Scheduled to *Community & Economic Development Committee on 7/10/2007 City of Oakland Page 2 Printed on 1/31/08",2,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 S-4-4 Subject: Jack London Gateway Shopping Center Project From: Community and Economic Development Agency Recommendation: Adopt A Resolution Amending Resolution No. 78127 C.M.S. To Authorize The Conversion Of A $2.1 Million Grant To Jack London Gateway Associates For The Jack London Gateway Shopping Center Project At Ninth And Market Streets To A No Interest Loan; On The July 10, 2007 Community And Economic Development Committee Agenda 07-0341 Scheduled to *Community & Economic Development Committee on 7/10/2007 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa S-4-5 Subject: Revocable And Conditional Permit - 1408 11th Avenue From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting Don Ho And Judy Chu A Revocable And Conditional Permit To Allow A Vault And Electrical Transformer For An Existing Building At 1408 11th Avenue To Encroach Under The Public Sidewalk 07-0353 Scheduled to *Public Works Committee on 6/26/2007 View Report.pdf 80688 CMS.pdf S-4-6 Subject: Development Appeal - 5300 San Pablo Avenue From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeal And Upholding The Planning Commission's Approval Of 32 Residential Condominium Over Ground Floor Commercial At 5300 San Pablo Avenue, Oakland (Case File Number DV06-220 & TPM-9153) 07-0356 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 7/17/2007 View Report.pdf 80792 CMS.pdf City of Oakland Page 3 Printed on 1/31/08",3,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 S-4-7 Subject: Development Appeal - 4801 Shattuck Avenue Froom: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following Pieces Of Legislation: 1) A Resolution Denying The Appeal And Upholding The Planning Commission Approval For Case File Number CMDV06-425 & TPM-9235 (Construction Of 44 Dwelling Units At 4801 Shattuck Avenue); And 07-0357 Continued to *Rules & Legislation Committee on 6/7/2007 for scheduling with second piece of legislation View Report.pdf 80791 CMS.pdf S-4-8 Subject: Building Sewer Dangerous Condition From: Public Works Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) Resolution Confirming Administrative Hearing That Dangerous And Insanitary Conditions Exist At The Building Serving The Property Known As 4100 Terrace Avenue; And 07-0343 Scheduled to *Public Works Committee on 7/10/2007 View Report.pdf 80731 CMS.pdf S-4-9 Subject: Building Sewer Conditions In Oakland 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 Of Oakland 07-0344 Scheduled to *Finance & Management Committee on 7/10/2007 View Report.pdf 80746 CMS.pdf City of Oakland Page 4 Printed on 1/31/08",4,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 S-4-10 Subject: Underground Utility District No. 235 - Establishment From: Public Works Agency Recommendation: Adopt A Resolution Establishing Underground Utility District No. 235: Coliseum BART Station Area Underground Utility District Which Includes San Leandro Street, Between 66th And 73rd Avenues, And 73rd Avenue, Between San Leandro Street And The Inter-City Railway Station, To Be Funded Under California Public Utilities Commission (CPUC) Rule 20B And Pursuant To Ordinance No. 7769 C.M.S. And Authorizing The City Administrator To Pay PG&E One Million Nine Hundred Thousand Dollars ($1,900,000) Up Front For The Construction Of The Project, As Well As Act As Trench Lead. And To Come Back To Council For Permission To Award Contract For Panel Conversion; On The July 10, 2007 Public Works Committee Agenda 07-0345 Scheduled to *Public Works Committee on 7/10/2007 S-4-11 Subject: Underground Utility District No. 235 - Intention From: Public Works Agency Recommendation: Adopt A Resolution Of Intention To Establish Underground Utility District No. 235: Coliseum Bart Station Area Underground Utility District Which Includes San Leandro Street, Between 66th And 73rd Avenues, And 73rd Avenue, Between San Leandro Street And The Inter-City Railway Station, To Be Funded Under California Public Utilities Commission (CPUC) Rule 20B; And To Set A Public Hearing For July 17, 2007; On The July 10, 2007 Public Works Committee Agenda 07-0346 Scheduled to *Public Works Committee on 7/10/2007 and as a Public Hearing on the July 17, 2007 City Council agenda View Report.pdf 81001 CMS.pdf S-4-12 Subject: Tellus Venture Associates - Professionals Services Agreement From: Finance and Management Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And Execute A Professional Services Agreement With Tellus Venture Associates To Conduct A Thorough Wireless Broadband Assessment Process For The City Of Oakland For An Amount Not To Exceed $150,000 07-0347 Scheduled to *Finance & Management Committee on 6/26/2007 View Report.pdf 80692 CMS.pdf City of Oakland Page 5 Printed on 1/31/08",5,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 S-4-13 Subject: Concentra Health Services Agreement From: Finance And Management Agency Recommendation: Adopt A Resolution Authorizing An Agreement Between The City And Concentra Health Services To Provide For A Period Of Two Years Occupational Medical Services For An Amount Not To Exceed $500,000 Plus A 3% Contract Compliance Fee Equal To $15,000.00 And To Provide Workers' Compensation Medical Services In Accordance With The Negotiated Discounts Below The State's Official Medical Fee Schedule And With Three (3) Options To Extend The Term Of The Contract Upon Acceptable Performance For Three (3) Additional Two-Year Periods In A Contract Amounts Not To Exceed $500,000.00 For Fiscal Years 2009-2011, And The Same Amount For Fiscal Years 2011-2013 And Fiscal Years 2013-2015 07-0349 Scheduled to *Finance & Management Committee on 6/26/2007 View Report.pdf 80693 CMS.pdf S-4-14 Subject: Printing Equipment - Replacement From: Finance and Management Agency Recommendation: Adopt A Resolution Appropriating Two Hundred Fifty Thousand Dollars ($250,000) From Reproduction Fund (4300) Fund Balance For The Purchase Of Replacement Printing Equipment 07-0350 Scheduled to *Finance & Management Committee on 6/26/2007 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf 80694 CMS.pdf S-4-15 Subject: Sprint/Nextel Agreement From: Finance and Management Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator Or Her Designee To 1) Waive The Request For Proposals Competitive Selection Process And Negotiate And Execute An Agreement With Sprint/Nextel Communications For The Replacement, Retuning, Upgrade And Modification Of The City's 800 Mhz Radio Equipment Per The FCC Rebanding Agreement; And 07-0351 Scheduled to *Public Safety Committee on 6/12/2007 View Report.pdf 80670 CMS.pdf City of Oakland Page 6 Printed on 1/31/08",6,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 S-4-16 Subject: Parking Ordinance Amendment From: Finance and Management Agency Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Sections 10.36.010 ""Parking Meter Defined,"" 10.36.020 ""Parking Meter Installation-Painting Of Lines,"" 10.36.030 ""Deposit Of Coins - Amount Of Coins Corresponds To Value Of Coins,"" 10.36.050 ""Parking Meter Indication That Space Is Illegally In Use,"" 10.48.010 ""Scheduling Of Parking Fines"" To Apply To Pay-And-Display Parking Meters And Adding Section 10.36.015 ""Acceptable Card And Pay-And-Display Meter Defined"" 07-0352 Scheduled to *Finance & Management Committee on 6/12/2007 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf View Supplemetnal Report.pdf 12813 CMS.pdf S-4-17 Subject: Berendo Solutions - Service Agreement From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Waive The Competitive Bid Process For A Contract To Purchase Automated Citation Software For Seventy-Five Thousand Dollars ($75,000) For The Police Department; 2) Award A Contract To Berendo Solutions, Inc. In An Amount Not To Exceed Seventy-Five Thousand Dollars ($75,000) For The Purchase Of Automated Citation Software For The Police Department; 3) Waive The Local And Small Local Business Enterprise Program Provision For Said Software Contract With Berendo Solutions; 4) Enter Into A Contract For Service With A Vendor Yet To Be Selected Through The Competitive Bid Process For The Purchase Of Hardware To Support The Berendo Solutions, Inc. Software At A Cost Not To Exceed One Hundred And Seventy-Five Thousand Dollars ($175,000) On Behalf Of The Police Department; And 5) Waive The Local And Small Local Business Enterprise Program Provision For Said Hardware Contract 07-0348 Scheduled to *Public Safety Committee on 6/26/2007 View Item.pdf 80699 CMS.pdf City of Oakland Page 7 Printed on 1/31/08",7,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 S-4-18 Subject: State-Of-The-Art Oakland Education Complex From: Office of the City Administrator Recommendation: Receive An Informational Report On The Downtown Education Complex 07-0355 Approved The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View report.pdf ADDITIONAL ITEMS SUBMITTED ON THE DAIS Subject: Skyline High School Tennis Team - Recognition From: Vice Mayor Chang And Councilmember Quan Recommendation: A Presentation By Vice Mayor Chang And Councilmember Jean Quan Of A Proclamation Congratulating Skyline High School Tennis Team For Winning The Oakland Athletic League Championship 07-0361 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/5/2007 View Report.pdf Subject: Mural On Fruitvale Avenue From: Council President De La Fuente Recommendation: Adopt A Resolution From the Oakland City Council Supporting The Installation Of A Mural On Fruitvale Avenue At The Highway 880 Overpass And Assuming Responsibility For Its Maintenance And Upkeep 07-0362 Scheduled to *Public Works Committee on 6/12/2007 View Report.pdf View Supplemental Report.pdf 80704 CMS.pdf City of Oakland Page 8 Printed on 1/31/08",8,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 Subject: Fiscal Accountability And Transparency From: Councilmember Jean Quan Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Establishing Rules And Reporting Requirements To Enhance Fiscal Accountability And Transparency As Follows: (1) Policy And Rules Regarding Substantial Or Material Alteration Of Funding Allocations In A Policy Budget, And A Policy Regarding The Transfer Of Funds Budgeted To Personnel Accounts; (2) Policy And Rules For Pay-Go Account Expenditures And Grants And Project Priority Fund Expenditures And Grants; (3) Approved List Of Organizations For The Purchase Of Event Tables; And (4) Annual Reporting Of All City Of Oakland-Funded Travel Expenditures; And 07-0363 Scheduled to *Finance & Management Committee on 6/12/2007 View Report.pdf Vlew Supplemental Report.pdf 80777 CMS.pdf 2) An Agency Resolution Establishing Rules And Reporting Requirements To Enhance Fiscal Accountability And Transparency AS Follows: (1) Approved List Of Organizations For The Purchase Of Event Tables; And (2) Annual Reporting Of All City Of Oakland-Funded Travel Expenditures 07-0363-1 Scheduled to *Finance & Management Committee on 6/12/2007 2007-0066 CMS.pdf Subject: Purchasing Ordinance Amendment From: Office of the City Auditor Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Title 2.04 (""Purchasing Ordinance"") To Add Section 2.04. Authorizing The City Auditor To Purchase Professional Services Necessary To Carry Out The Duties Of The Office 07-0364 Scheduled to *Finance & Management Committee on 6/12/2007 View Report.pdf 12820 CMS.pdf Subject: Strategy To Eliminate Exploitation Of Minors From: Council President De La Fuente Recommendation: Action On A Report Past Efforts And Current Strategy To Eliminate The Escalation Of Prostitution And Sexual Exploitation Of Minors In The City Of Oakland 07-0365 Scheduled to *Public Safety Committee on 7/10/2007 View Report.pdf OTHER SCHEDULING CHANGES City of Oakland Page 9 Printed on 1/31/08",9,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 Subject: Fox Theater Project From: Community and Economic Development Agency Recommendation: Receive An Informational Report On The City's Local Contracting And Hiring Goals For The Fox Theater Renovation Project Including The Hiring Status Of Local And Small Businesses And The Type And Use Of Any Assistance Programs Used On The Project For Businesses In Need Including, The Commitment To Hire Previously Incarcerated People 07-0257 *Withdrawn and Rescheduled to *Community & Economic Development Committee on 7/10/2007 View Report.pdf 05-31 Rules Item 4 View Item.pdf 5 A review of the Agendas for the Council Committees for the meeting(s) of June 12, 2007 and the Rules and Legislation Committee for the meeting of June 14, 2007 A motion was made by Vice Mayor Chang, seconded by Member Reid, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La Fuente The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa 05-31 Rules Item 5 View Item.pdf 6 Subject: Lobbyist Registration Act Amendment From: Public Ethics Commission Recommendation: Adopt An Ordinance Amending Chapter 3.20 Of The Oakland Municipal Code To Require That Local Governmental Lobbyists Publicly Disclose Their Campaign Fundraising Activities 07-0209 *Approve the Recommendation of Staff, and Forward to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/5/2007 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Item.pdf 12803 CMS.pdf City of Oakland Page 10 Printed on 1/31/08",10,RulesAndLegislationCommittee/2007-05-31.pdf RulesAndLegislationCommittee,2007-05-31,"*Rules & Legislation Committee Meeting Minutes May 31, 2007 7 Subject: Townsend Public Affairs - Report From: City Council Recommendation: Receive An Informational Report From The City's State Lobbyist, Townsend Public Affairs, On The Status Of The City's State Legislative Agenda 07-0308 *Received and Forwarded to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/5/2007 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Item.pdf View Supplemental.pdf OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES) The following individual(s) spoke under open forum: - 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 atl1:50 AM 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. 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) 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 City of Oakland Page 11 Printed on 1/31/08",11,RulesAndLegislationCommittee/2007-05-31.pdf