body,date,text,page,path RulesAndLegislationCommittee,2010-05-27,"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 *Rules & Legislation Committee Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Thursday, May 27, 2010 10:45 AM City Council Chambers - 3rd Floor Roll Call / Call to Order Excused: Chair Brunner Present: Member Quan, Member Reid and Member De La Fuente The Oakland City Council Rules and Legislation Committee convened at 10:55 am, with Councilmember Reid presiding as Chairperson. 1 Closed Session A motion was made by Member Quan, seconded by Member De La Fuente, to Accepted. The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente 2 Approval of the Draft Minutes from the Committee meeting of May 13, 2010 A motion was made by Member De La Fuente, seconded by Member Quan, to *Approve the Minutes. The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente 3 Determination of Schedule of Outstanding Committee Items A motion was made by Member De La Fuente, seconded by Member Quan, to *Approve as Submitted. The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente 4 Scheduling of Agenda Items and revisions to the agenda(s) for the ORA/City Council meeting of June 1, 2010 and the Rules and Legislation Committee Meeting of June 3, 2010 (SUPPLEMENTAL) A motion was made by Member De La Fuente, seconded by Member Quan, to *Approve with the following amendments. The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente 527item4 View Report.pdf City of Oakland Page 1 Printed on 9/27/10",1,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27,2010 S-4-1 Subject: Weatherization Assistance Program From: Office Of The City Administrator/Equal Access Recommendation: Adopt A Resolution Amending Resolution Number 82636 C.M.S. Authorizing A Subcontract With The County Of Alameda To Administer The California Community Services And Development Department's Weatherization Assistance Program Outside Of Oakland, To Allow For The Use Of Funds Within Oakland 09-1514 Scheduled to *Community & Economic Development Committee on 6/8/2010 View Report.pdf 82828 CMS.pdf S-4-2 Subject: Improving Language Access To City Services From: Office Of The City Adminstrator/ Equal Access Recommendation: Receive A Status Report On The Implementation Of The Equal Access To Services Ordinance 09-1526 Scheduled to *Finance & Management Committee on 6/22/2010 View Report.pdf View Supplemental Report.pdt S-4-3 Subject: Tui Ko - Settlement Agreement From: Office Of The City Attorney Recommenation: A Request To Withdraw From The June 1, 2010 City Council Agenda With No New Date. A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Tui Ko, In The Amount Of $5,358.09, As A Result Of Property Damage Sustained In An Automobile Collision On December 9, 2009 (Public Works Agency) Reason For Request: For Further Development Of The Claim 09-1505 *Withdrawn with No New Date View Report.pdf City of Oakland Page 2 Printed on 9/27/10",2,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27, 2010 S-4-4 Subject: Reserved Parking Program From: Council President Brunner Recommendation: A Request To Re-Title An Item Already Scheduled To The June 8, 2010 Community And Economic Development Committee Agenda NEW TITLE: Adopt An Ordinance Amending Oakland Municipal Code (OMC) Chapter 12.08 (Encroachments) To Add A New Section 12.08.250 (Broadway Auto Row On-Street, Reserved Parking Program), To Create A Pilot On-Street, Reserved Parking Program For Broadway Auto Row Auto Dealers, For The Exclusive Use Of Certain On-Street Parking By A Dealership And Its Customers OLD TITLE: Adopt A Resolution To Create A Pilot On-Street, Reserved Parking Program For Broadway Auto Row Auto Dealers, Whereby Auto Dealers Located On Broadway May Elect To Pay An Amount Equal To The Average Revenue Of The Meters Immediately In Front Of Their Businesses In Order To Have The Meters Removed And The Spaces Reserved For Exclusive Use By The Dealership And Its Customers 09-1402 *Withdrawn with No New Date S-4-5 Subject: Budget Policy - City Employee Parking From: Councilmember Kernighan Recommendation: Adopt A Resolution Establishing Budget Policy Regarding City Subsidization Of Parking In The Downtown Civic Center For City Employees and Elected Officials 09-1463 Scheduled to *Finance & Management Committee on 6/8/2010 View Report.pdf View Report.pdt View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf S-4-6 Subject: Community Informational Budget Meetings From: Vice Mayor Quan Recommendation: Receive A Request To Schedule Community Informational Meetings On The City Budget; On The June 1, 2010 City Council Agenda 09-1477 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/1/2010 City of Oakland Page 3 Printed on 9/27/10",3,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"Recreation, Fiscal Agent For ACE Arts, For Rejuvination Work For Courtland Creek Park 09-1527 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/15/2010 View Report.pdf 82817 CMS.pdf S-4-9 Subject: Portable Restroom At Madison Square Park From: Councilmember Kernighan Recommendation: Adopt A Resolution Authorizing An Allocation Of $1960 To The Public Works Agency For Rental Of A Portable Restroom At Madison Square Park Through Fiscal Year 2010 -2011 09-1529 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/15/2010 View Report.pdf 82855 CMS.pdf S-4-10 Subject: City And The Port Layoffs From: Department Of Human Resources Management Recommendation: Approve One Of The Alternative Actions: 1) Recommendation That The City Administrator Negotiate And Execute An Agreement With The Port Of Oakland And Affected Bargaining Groups To Identify And Address Differences Between The City Of Oakland's Layoff Process And The Port Of Oakland's Layoff Process; OR 09-1515 Scheduled to *Finance & Management Committee on 6/8/2010 View Report.pdf View Supplemental Report.pdf City of Oakland Page 4 Printed on 9/27/10",4,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27, 2010 2) A Resolution Directing Staff To Develop An Amendment To The City Of Oakland Charter Revising Article IX Personnel Administration To Create Separate Merit Systems For The City And The Port That Are Governed By One Civil Service Board 09-1515-1 Scheduled to *Finance & Management Committee on 6/8/2010 S-4-11 Subject: Status Of Temporary Contract and Exempt Limited Employees From: Department Of Human Resources Management Recommendation: Receive An Informational Report With A Status Update On The Use Of Temporary Service Employees (TCSEs) And Exempt Limited Duration Employee (ELDEs) In Response To The 2009 Hiring Practices Audit 09-1518 Scheduled to *Finance & Management Committee on 7/13/2010 View Report.pdf S-4-12 Subject: 2009-2011 Adopted CEDA Biennial Budget From: Community And Economic Development Agency Recommendation: Adopt A Resolution Amending The City Of Oakland's Fiscal Year 2009-2011 Adopted Biennial Budget, Which Was Amended Pursuant To Resolution Number 82578, C.M.S., To Provide For Changes In Revenue Estimates And Appropriations For Various Funds Administered By The Community And Economic Development Agency (CEDA) [TITLE CHANGE] 09-1490 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/15/2010 View Review.pdf 82847 CMS.pdf S-4-13 Subject: Amending 2009-2011 ORA Biennial Budget From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Amending The Oakland Redevelopment Agency's (ORA) Biennial Budget For Fiscal Years 2009-2011 To Revise Appropriations For Fiscal Year 2010-2011 [TITLE CHANGE] 09-1501 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ City Council on 6/15/2010 View Report.pdf 2010-0073 CMS.pdf City of Oakland Page 5 Printed on 9/27/10",5,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27, 2010 S-4-14 Subject: San Francisco Bay Trail Regional Development Program From: Community And Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator, Or His Designee, To Apply For, Accept And Appropriate Grant Funds From The San Francisco Bay Trail Regional Development Program, For Up To Four Hundred Thousand Dollars ($400,000.00) For The Fruitvale Avenue To High Street Gap Closure Segment Of The Oakland Waterfront Bay Trail 09-1516 Scheduled to *Public Works Committee on 6/22/2010 View Report.pdf 82860 CMS.pdf S-4-15 Subject: Construction Of Various Streets - Gallagher & Burk, Inc. From: Community And Economic Development Agency Recommendation: Adopt A Resolution Awarding The Contract For Construction Of Various Streets And Roads And Preventive Maintenance (Project Number C388010) To Gallagher & Burk, Inc., The Lowest, Responsive, Responsible Bidder, In Accord With The Project Plans And Specifications And Contractor's Bid Therefore In The Amount Of One Million One Hundred Forty-Four Thousand Four Hundred Ninety-Eight Dollars And Ninety-Five Cents ($1,144,498.95) 09-1517 Scheduled to *Public Works Committee on 6/22/2010 View Reports.pdf 82861 CMS.pdf S-4-16 Subject: Purchase Of Real Property At 7001 Snell Street, From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Purchase Of Real Property At 7001 Snell Street, In The Coliseum Redevelopment Project Area, From Union Pacific Railroad, For $295,350, And Authorizing Up To $250,000 For Demolition, Environmental Remediation, Fencing, And Real Estate Closing Costs 09-1519 Scheduled to *Community & Economic Development Committee on 6/22/2010 View Report.pdf 2010-0077 CMS.pdf S-4-17 Subject: Nonprofit Affordable Housing Developers From: Community And Economic Development Agency Recommendation: Receive A Supplemental Informational Report On Compliance By Nonprofit Affordable Housing Developers With The City's Employment Programs 09-1520 Scheduled to *Community & Economic Development Committee on 6/22/2010 View Report.pdf View Report.pdf City of Oakland Page 6 Printed on 9/27/10",6,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"Subject: First Amendment To The Joint Exercise Of Powers Agreement From: Community And Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing A First Amendment To Joint Exercise Of Powers Agreement Between The Redevelopment Agency And The State Of California To Facilitate The Possible Sale Of The Elihu M. Harris Oakland State Building 09-1522 *Withdrawn with No New Date View Report.pdf 2010-0086 CMS.pdf S-4-20 Subject: Mortgage Assistance Loans From: Community And Economic Development Agency Recommendation: Adopt A Resolution Appropriating $122,000 In Revenue From Application Fees From Homebuyers Applying For Mortgage Assistance Loans And Authorizing The Appropriation Of Future Loan Fees For Program And Operational Expenses 09-1524 Scheduled to *Community & Economic Development Committee on 6/22/2010 View Report.pdf 82871 CMS.pdf City of Oakland Page 7 Printed on 9/27/10",7,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27, 2010 S-4-21 Subject: Cityworks Maintenance Management System From: Public Works Agency Recommendation: Receive An Informational Report On The Cityworks Maintenance Management System Used By The Public Works Agency To Track Service Requests And Maintenance Activities 09-1528 Scheduled to *Public Works Committee on 7/13/2010 View Report.pdf S-4-22 Subject: Raiders Ticket Surcharge From: Finance And Management Agency Recommendation: Subject: 2009 Raiders Ticket Surcharge Recommendation: A Request To Re-Schedule An Item Already On The The June 8, 2010 Finance And Management Committee Agenda To The June 22, 2010 Finance And Management Committee Agenda A Resolution Increasing Estimated Revenue And Offsetting Expenditures From The 2009 Raiders Ticket Surcharge And Authorizing A Transfer Of $130,934 From The Non-Departmental Citywide Activities Budget To The Office Of Parks And Recreation Budget To Benefit Citywide Youth Activities 09-1429 *Rescheduled to *Finance & Management Committee on 6/22/2010 View Report.pdf 82864 CMS.pdf S-4-23 Subject: Amending The Salary Schedule From: Department Of Human Resource Management Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance Number 12187 C.M.S. (The Salary Ordinance) To: Add The Permanent Part Time (PPT) And Part Time (PT) Equivalent Classifications Of: Case Manager, Supervising, PPT; Case Manager, Supervising, PT; Case Manager II, PPT; Case Manager II, PT; Case Manager I, PT 09-1513 Scheduled to *Finance & Management Committee on 6/8/2010 View Report.pdf City of Oakland Page 8 Printed on 9/27/10",8,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27, 2010 S-4-24 Subject: Parking Access And Revenue Control Systems (PARCS) From: Finance And Management Agency Recommendation: Adopt A Resolution Authorizing The City Administator To Negotiate And Execute A Contract Between The City Of Oakland And Scheidt And Bachmann USA, Inc. To Provide A Parking Access And Revenue Control Systems(PARCS) Not To Exceed $2,500,000 09-1525 Scheduled to *Finance & Management Committee on 6/22/2010 View Report.pdt View Supplemental Report.pdf View Report.pdf View Report.pdf View Report.pdf 82946 CMS.pdf Requests submitted on the Dias Subject: Medical Cannabis - Permitted Dispensaries Increase From: Councilmembers Kaplan And Reid Recommendation: Adopt An Ordinance Amending oakland Municipal Code Section 5.80 To Increase The Number Of Permitted Dispensaries And Include Permitting A Limited Number Of Medical Cannabis Grows As A Business Permit Through The City Administrator's Office 09-1551 *Rescheduled to *Public Safety Committee on 6/22/2010 Additional Changes made Dias to the June 1, 2010 Agenda Subject: Manufacturing Medical Cannabis From: Councilmembers Reid and Kaplan Recommendation: Adopt An Interim Ordinance Of The City Of Oakland Adopted As An Urgency Measure Pursuant To California Government Code Section 65858 Making Findings And Establishing A Temporary Moratorium On The Establishment Of Any New Activity Or Facility Cultivating And/Or Manufacturing Medical Cannabis 09-1482 This item was withdrawn from the June 1, 2010 agenda with no new date for return View Report.pdf Subject: Tui Ko V. City Of Oakland From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Tui Ko, In The Amount Of $5,358.09, As A Result Of Property Damage Sustained In An Automobile Collision On December 09, 2009 (Public Works Agency) 09-1505 This item was withdrawn from the June 1, 2010 agenda with no new date for return View Report.pdf City of Oakland Page 9 Printed on 9/27/10",9,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27, 2010 Subject: Design Review For A Telecommunications Facility From: Community And Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeal (A10-055), And Upholding The Planning Commission Decision To Approve A Regular Design Review At 1001 42nd Street To Establish A Mini Telecom Facility (Telecommunication Civic Activity). 09-1306 This item was withdrawn from the June 1, 2010 agenda and rescheduled June 15, 2010 City Council agenda as a Public Hearing View Report.pdf View Report.pdf Subject: Honorarium - Dominguita Velasco From: Councilmember De La Fuente Recommendation: Adopt A Resolution In Recognition Of Dominguita Velasco's 109th Birthday And Her 90 Years Of Community Activism In The City Of Oakland 09-1504 This item will be moved from the Consent Calendar to Ceremonial View Report.pdf 82781 CMS.pdf 5 A review of the Council Committees' actions from May 25, 2010 and determination of scheduling to the ORA/City Council meeting of June 1, 2010 (MATRIX) A motion was made by Member Quan, seconded by Member De La Fuente, to Accepted as Amended. The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente 527item5 View Report.pdf 6 A review of the Agendas for the Council Committees for the meeting(s) of June 8, 2010 and Rules and Legislation Committee meeting of June 10, 2010 A motion was made by Member Quan, seconded by Member De La Fuente, to Accepted. The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente 527item6 View Report.pdf City of Oakland Page 10 Printed on 9/27/10",10,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27, 2010 7 Subject: Councilmember Travel And Accomodation Expenses From: Councilmember Kernighan Recommendation: Adopt A Resolution Requiring A Statement In The Agenda Report Disclosing Source Of Funding For Councilmember Travel And Accomodation Expenses For Which City Council Approval Is Sought; And If City Funds Are To Be Used, The Projected Amount Thereof 09-1462 *Approve as Amended the Recommendation of Staff, and Forward to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/1/2010 View Report.pdf 82800 CMS.pdf 8 Subject: Assembly Bill 781 - Bilingual Services From: Councilmembers De La Fuente and Kernighan, Vice Mayor Quan Recommendation Adopt A Resolution In Opposition Of Assembly Bill 781, As Amended (JEFFERIES), ""Bilingual Services"" Which Would Effect Statutory Changes Relating To Bilingual Hiring Requirements In Local Agencies 09-1487 *Approve the Recommendation of Staff, and Forward to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/1/2010 View Report.pdf 82846 CMS.pdf 9 Subject: Senate Bill 1100 And Assembly Bills 1343, 2193,2176 and 2398 From: Public Works Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution To Support California Senate Bill (SB)1100 Which Will Require Manufacturers To Create, Fund And Operate A Program To Recycle And/Or Dispose Of Household Batteries They Sell In California After Their Useful Life 09-1445-1 A motion was made by Member De La Fuente, seconded by Member Quan, 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 1, 2010 as a Consent Calendar item The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente View Report.pdf 82801 CMS.pdf 2) Adopt A Resolution To Support California Assembly Bill (AB)1343 Which Will Require Manufacturers To Create, Fund And Operate A Program To Recycle And/Or Dispose Of Architectural Paint They Sell In California After Its Useful Life 09-1446 *Approve the Recommendation of Staff, and Forward to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/1/2010 as a Consent Calendar item 82802 CMS.pdf City of Oakland Page 11 Printed on 9/27/10",11,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27, 2010 3) Adopt A Resolution To Support California Assembly Bill 2139 Which Will Require Manufacturers To Create, Fund And Operate A Program To Recycle And/Or Dispose of Household Medical Needles, Household Pesticides, And Household Single-Use Butane Containers They Sell In California After Their Useful Life 09-1447 A motion was made by Member De La Fuente, seconded by Member Quan, 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 1, 2010 as a Consent Calendar item The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente 82803 CMS.pdf 4) Adopt A Resolution In Support Of California Assembly Bill (AB) 2176 Which Will Require Manufacturers To Create, Fund And Operate A Program To Recycle And/Or Dispose Of Mercury-Containing Lamps They Sell In California After Their Useful Life 09-1448 *Approve the Recommendation of Staff, and Forward to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 6/1/2010 82804 CMS.pdf 5) Adopt A Resolution To Support California Assembly Bill (AB) 2398 Which Will Require Manufacturers To Create, Fund And Operate A Program To Recycle And/Or Dispose Of Carpet They Sell In California After Its Useful Life 09-1449 A motion was made by Member De La Fuente, seconded by Member Quan, 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 1, 2010 as a Consent Calendar item The motion carried by the following vote: Votes: Excused; 1 - Chair Brunner Aye; 3 - Member Quan, Member Reid and Member De La Fuente 82805 CMS.pdf OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES) 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:p.m. City of Oakland Page 12 Printed on 9/27/10",12,RulesAndLegislationCommittee/2010-05-27.pdf RulesAndLegislationCommittee,2010-05-27,"*Rules & Legislation Committee Meeting Minutes May 27,2010 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) 238-3226 Fax: (510) 238-6699 Recorded Agenda: (510) 238-2386 Telecommunications Display Device: (510) 839-6451 TDD * City Clerk and Clerk of the Council City of Oakland Page 13 Printed on 9/27/10",13,RulesAndLegislationCommittee/2010-05-27.pdf