body,date,text,page,path RulesAndLegislationCommittee,2009-02-05,"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, February 05, 2009 10:45 AM City Council Chambers - 3rd Floor Roll Call / Call to Order Play Video Excused: Member Reid and Member De La Fuente Present: Member Quan and Chair Brunner The Oakland City Council Rules and Legislation Committee convened at 10:52 a.m., with Council President Brunner presiding as Chairperson. The Oakland City Council Rules and Legislation Committee reconvened at 12:15 p.m., with Council President Brunner presiding as Chairperson at this time a lack of quorum was noted 1 Closed Session Play Video The office of the City Attorney scheduled a Closed Session for Tuesday, February 17, 2009 from 3 :30 PM to 6 PM 2 Approval of the Draft Minutes from the Committee meeting of January 22, 2009 Play Video No Action Taken Due To Lack Of Quorum The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa 3 Determination of Schedule of Outstanding Committee Items Play Video No Action Taken Due To Lack Of Quorum 02-05 Rules Pending View Report.pdf 4 Scheduling of Agenda Items and revisions to the agendas for the Council Committee meetings of February 10, 2009 (SUPPLEMENTAL) Play Video No Action Taken Due To Lack Of Quorum City of Oakland Page 1 Printed on 2/20/09",1,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 02-05 Rules Item 4 View Report.pdf S-4-1 Subject: Donald P. McCullum Youth Court - Grant From: Oakland Police Department Recommendation: A Request To Withdraw From The February 24, 2009 Public Safety Committee Agenda A Follow-up Report On The Spending Plan Associated Grant Funds In An Amount Not To Exceed $500,000 From The State Of California, Corrections Standards Authority, Juvenile Accountability Block Grant (JABG) Program, Gang Intervention Grant Initiative, For The Grant Term Of January 1, 2009 Through June 30, 2009 And Funding Agreement In An Amount Not To Exceed $150,000 With The Donald P. McCullum Youth Court For Supplemental Implementation Of The Oakland Youth Court, Interface Project, As It Pertains To Youth-Based Gang Violence Preventions And Intervention Services; With No New Date Reason: The Police Department Did Not Receive The Grant, Therefore No Funds Are Available. 07-1842-1 Play Video The following individual(s) spoke and did not indicate a position on this item: - Paulette Hogan S-4-2 Subject: Mayor's Public Safety Plan From: Councilmember Reid Recommendation: A Request To Withdraw From The February 10, 2009 Public Safety Committee Agenda A Report Requesting A Presentation From The Mayor's Office On The Mayor's Public Safety Plan/Model Including The Justification (e.g. Empircal Data) For The Specific Recommendations, Financial Impact, And The Implementation Status; And Reschedule To The May 12, 2009 Public Safety Committee Agenda Reason: Staff Is Completing Research To Provide A Comprehensive Public Safety Report/Model To The Public Safety Committee. 09-0033 Play Video The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa - Paulette Hogan View Report.pdf City of Oakland Page 2 Printed on 2/20/09",2,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 S-4-3 Subject: Real Property Purchase - 905 66th Avenue From: Community and Economic Development Agency Recommendation: A Request To Withdraw From The February 10, 2009 Community and Economic Development Committee Agenda An Agency Resolution Authorizing The Purchase Of Real Property At 905 66th Avenue, From The Alameda-Contra Costa Transit District For $7,747,102 Less the Cost Of Any Environmental Site Remediation And Authorizing Up To $12,000 For Real Estate Closing Costs, $60,000 For Property Inspection Costs And $1,000,000 For Demolition Costs; And Reschedule To The February 24, 2009 Community And Economic Development Committee Agenda Reason: Council Has Requested A Closed Session Discussion Of This Item Prior To Its Being Heard At Committee. 09-0039 Play Video View Report.pdf View Report.pdf S-4-4 Subject: Rehabilitation Of Sanitary Sewers - Pacific Trenchless From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing Award Of A Construction Contract To Pacific Trenchless, Inc. For The Rehabilitation Of Sanitary Sewers Off Alvarado Road And Evergreen Lane (Project No. C282811) For The Amount Of Two Hundred Fifty-Four Thousand Nine Hundred Ten Dollars ($254,910.00) 09-0085 Play Video View Report.pdf S-4-5 Subject: Rehabilitation Of Sanitary Sewers - Mosto Construction From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing Award Of A Construction Contract To Mosto Construction, Inc. For The Rehabilitation Of Sanitary Sewers In Various Locations Off Redwood Road, Tartan Way, Crestmont Drive, Kimberlin Heights Drive, And Elinora Avenue (Project No. C262310) For The Amount Of Four Hundred Forty Thousand Five Hundred Twenty-Five Dollars ($440,525.00) 09-0086 Play Video View Report.pdf City of Oakland Page 3 Printed on 2/20/09",3,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"2009 City Council Agenda 09-0091 City of Oakland Page 4 Printed on 2/20/09",4,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 S-4-9 Subject: Rehabilitation Of Existing Affordable Housing From: Community and Economic Development Agency Recommendation: Adopt Resolutions And A City Ordinance Regarding Rehabilitation Of Existing Affordable Housing, Including Authorizing Over $9 Million In Loans For Existing Affordable Housing Developments And Authorizing Certain Foreclosure Activities With Respect To The Rehabilitation Of Some Of These Developments; On The March 10, 2009 Community And Economic Development Committee Agenda; And As A Public Hearing On The March 17, 2009 City Council Agenda 09-0092 S-4-10 Subject: Senate Bill 7 From: Public Works Agency Recommendation: Adopt A Resolution To Support, If Amended, Senate Bill 7 Legislation Expanding Electric Utilities' Obligations To Purchase Electricity From Customers Who Generate More Electricity In A Twelve-Month Period Than They Consume 09-0094 View Report.pdf S-4-11 Subject: Assembly Bill 64 From: Public Works Agency Recommendation: Adopt A Resolution To Support, If Amended, Assembly Bill 64 Legislation Regarding Modifying Statewide Renewables Portfolio Standards, Creating A Standard Tariff For Certain Renewable Energy Generation Projects And Creating A Renewable Infrastructure Authority 09-0095 View Report.pdf S-4-12 Subject: Assembly Bills 68 And 87 From: Public Works Agency Recommendation: Adopt A Resolution In Support Of Assembly Bill 68 (Brownley) And Assembly Bill 87 (Davis) - Solid Waste: Single Use Carryout Bags, Which Would Require On Or After July 1, 2010, A Store Providing Plastic Carryout Bags To Customers To Charge Not Less Than $0.25 Per Bag 09-0096 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf City of Oakland Page 5 Printed on 2/20/09",5,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 S-4-13 Subject: Assembly Bill 87 - Analysis From: Public Works Agency Recommendation: Action On A Bill Analysis And Recommendation To Support Assembly Bill 87 Alternative Legislation To Levy A Fee Against Single-Use Disposable Carry-Out Bags In California; On The March 5, 2009 Rules And Legislation Committee Agenda 09-0097 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa S-4-14 Subject: Delinquent Transient Occupancy Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Transient Occupancy Taxes; On The December 15, 2009 City Council Agenda 09-0068 S-4-15 Subject: Delinquent Mandatory Garbage Fees - Public Hearing From: Finance and Management Agency Recommendations: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For April/May/June 2009, Monthly Accounts And July/September/October 2009, Quarterly Accounts; On The December 15, 2009 City Council Agenda 09-0069 S-4-16 Subject: Delinquent Business Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business Taxes; On The December 15, 2009 City Council Agenda 09-0070 S-4-17 Subject: Delinquent Real Property Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real Property Transfer Taxes; On The December 15, 2009 City Council Agenda 09-0071 City of Oakland Page 6 Printed on 2/20/09",6,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 S-4-18 Subject: Delinquent Transient Occupancy Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Transient Occupancy Taxes; On The September 15, 2009 City Council Agenda 09-0072 S-4-19 Subject: Delinquent Mandatory Garbage Fees - Public Hearing From: Finance and Management Agency Recommendations: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For January/ February/March 2009, Monthly Accounts and April/May/June 2009, Quarterly Accounts; On The September 15, 2009 City Council Agenda 09-0073 S-4-20 Subject: Delinquent Business Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business Taxes; On The September 15, 2009 City Council Agenda 09-0074 S-4-21 Subject: Delinquent Real Property Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real Property Transfer Taxes; On The September 15, 2009 City Council Agenda 09-0075 S-4-22 Subject: Delinquent Transient Occupancy Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Transient Occupancy Taxes; On The June 16, 2009 City Council Agenda 09-0076 City of Oakland Page 7 Printed on 2/20/09",7,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 S-4-23 Subject: Delinquent Mandatory Garbage Fees - Public Hearing From: Finance and Management Agency Recommendations: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For October/November/December 2008, Monthly Accounts and January/February/March 2009, Quarterly Accounts; On The June 16, 2009 City Council Agenda 09-0077 S-4-24 Subject: Delinquent Business Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business Taxes; On The June 16, 2009 City Council Agenda 09-0078 S-4-25 Subject: Delinquent Real Property Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real Property Transfer Taxes; On The June 16, 2009 City Council Agenda 09-0079 S-4-26 Subject: Delinquent Transient Occupancy Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Transient Occupancy Taxes; On The March 17, 2009 City Council Agenda 09-0080 S-4-27 Subject: Delinquent Mandatory Garbage Fees - Public Hearing From: Finance and Management Agency Recommendations: Conduct A Public Hearing On Delinquent Mandatory Garbage Fees For July/August/September 2008, Monthly Accounts And October/November/December 2008, Quarterly Accounts; On The March 17, 2009 City Council Agenda 09-0081 City of Oakland Page 8 Printed on 2/20/09",8,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 S-4-28 Subject: Delinquent Business Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Business Taxes; On The March 17, 2009 City Council Agenda 09-0082 S-4-29 Subject: Delinquent Real Property Taxes - Public Hearing From: Finance and Management Agency Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real Property Transfer Taxes; On The March 17, 2009 City Council Agenda 09-0083 S-4-30 Subject: Cash Management Report From: Finance And Management Agency Recommendation: Receive The Cash Management Report For The Quarter Ended December 31, 2008 09-0084 View Report.pdf S-4-31 Subject: Spousal Retirement Benefits - Ballot Measure From: Police and Fire Retirement Board Recommendation: Adopt A Resolution Submitting, On The Oakland City Council's Own Motion, A Proposed Charter Amendment, Entitled, ""Measure Allowing All Widows And Widowers Who Remarry To Receive Spousal Retirement Benefits"" To Be Submitted To The Electors At The Election Of June 2, 2009; Directing The City Clerk To Fix The Date For Submission Of Arguments And To Provide For Notice And Publication In Accordance With The Law And Authorizing Certain Other Election Activities; On The March 3, 2009 City Council Agenda 09-0089 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa - Paulette Hogan City of Oakland Page 9 Printed on 2/20/09",9,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 S-4-32 Subject: Retirement Benefits Funding - Ballot Measure From: Police and Fire Retirement Board Recommendation: Adopt A Resolution Submitting On The City Council's Own Motion, A Proposed Charter Amendment, Entitled, ""Measure Extending The City Of Oakland's Deadline To Fund Retirement Benefits For All Members Of The Police And Fire Retirement System And Their Beneficiaries Beyond July 1, 2026' To Be Submitted To The Electors At The Election Of June 2, 2009; Directing The City Clerk To Fix The Date For Submission Of Arguments And To Provide For Notice And Publication In Accordance With The Law And Authorizing Certain Other Election Activities; On The March 3, 2009 City Council Agenda 09-0090 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa S-4-33 Subject: Real Property Transfer Tax - Ballot Measure From: Finance and Management Agency Recommendation: Adopt A Resolution Submitting, To The Voters At The June 2, 2009 Special Election A Proposed Ordinance Amending The Real Property Transfer Tax, Chapter 4.20 Of The Oakland Municipal Code, To Clarify Application Of The Tax To Transfers Of Real Estate Resulting From Changes In The Ownership And Control Of Corporations And Other Legal Entities Without Increasing The Tax Rate; To Remove The Current Requirement Of Conformity To Statewide Rules; To Add A Definition Of ""Person"" To The Tax; Requesting The Services Of The Registrar Of Voters; And Directing The City Clerk To Take Any And All Actions Necessary Under Law To Prepare For And Conduct The Special Election. 09-0093 View Report.pdf ADDITIONAL ITEMS SUBMITTED ON THE DAIS These items were taken out of order while the quorum of the Committee was present Subject: City's Hotel Tax (Transient Occupancy Tax) - Ballot Measure From: Councilmember Jean Quan Recommendation: Adopt A Resolution Submitting, On The Council's Own Motion, To The Electors At A June 2, 2009 Special Election, A Proposed Ordinance Amending The Oakland Municipal Code In Order To Provide For A Two Percent Surcharge To The City's Transient Occupancy Tax (Hotel Tax) To Support The Oakland Zoo, The Oakland Museum of California, Chabot Space And Science Center And The Cultural Arts Programs And Festivals 09-0102 Scheduled to *Finance & Management Committee on 2/24/2009 View Report.pd City of Oakland Page 10 Printed on 2/20/09",10,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 Subject: Repeal Charter Section 1300 On Kids First - Ballot Measure From: Councilmembers Jean Quan and Patricia Kernighan Recommendation: Adopt A Resolution Submitting, On The City Council's Own Motion, To The Electors At A June 2, 2009 Special Election, A Measure To Repeal Charter Section 1300 On Kids First! Oakland Fund For Children And Youth Adopted By The Voters On November 4, 2008 (Measure OO) And Readopt Charter Section 1300 On Oakland Fund For Children And Youth Adopted By The Voters On November 7, 1996 (Measure K) As Amended And Directing The City Clerk To Fix The Date For Submission Of Arguments And Provide For Notice And Publication In Accordance With A June 2, 2009 Special Election 09-0103 Scheduled to *Finance & Management Committee on 2/24/2009 View Report.pdf Supplemental Report.pdf Subject: 2009 Lighting, Parks, Trees, Heath and Safety Emergency - Ballot Measure From: Councilmember Quan Recommendation: Adopt A Resolution Submitting, On The City Council's Own Motion, To The Electors At The Next Municipal Special Election, A Proposed Ordinance Creating The 2009 Lighting, Parks And Trees Emergency Health And Safety Measure And Parcel Tax; And Directing The City Clerk To Fix The Date For Submission Of Arguments And Provide For Notice And Publication In Accordance With The Next Municipal Special Election 09-0104 Scheduled to *Finance & Management Committee on 2/24/2009 View Report.pdf 5 A review of the Agendas for the Concurrent Meeting of ORA/City Council for the meeting of February 17, 2009 and the Rules and Legislation Committee for the meeting of February 19, 2009 Play Video The following individual(s) spoke and did not indicate a position on this item. - Sanjiv Handa 02-05 Rules Item 5 View Report.pdf OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES) The following individual(s) spoke under Open Forum: - Sanjiv Handa - Paulette Hogan Adjournment There being no further business, and upon the motion duly made, the Oakland City Council Rules & Legislation Committee adjourned the meeting at 12:50 p.m. City of Oakland Page 11 Printed on 2/20/09",11,RulesAndLegislationCommittee/2009-02-05.pdf RulesAndLegislationCommittee,2009-02-05,"*Rules & Legislation Committee Meeting Minutes February 5, 2009 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 12 Printed on 2/20/09",12,RulesAndLegislationCommittee/2009-02-05.pdf