body,date,text,page,path RulesAndLegislationCommittee,2010-09-16,"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, September 16, 2010 10:45 AM City Council Chambers - 3rd Floor Roll Call / Call to Order Present: Member Quan, Member Reid, Chair Brunner and Member De La Fuente The Oakland City Council Rules and Legislation Committee convened at 10:47 am, with Councilmember Reid presiding as Chairperson. 1 Closed Session A motion was made by Member Reid, seconded by Member Quan, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La Fuente 2 Approval of the Draft Minutes from the Committee meeting of July 8, 2010 and July 15, 2010 A motion was made by Member Quan, seconded by Member De La Fuente, to *Approve the Minutes. The motion carried by the following vote: Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner 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: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La Fuente 4 Scheduling of Agenda Items and revisions to the agenda for the ORA/Council meeting of September 21, 2010 (SUPPLEMENTAL) 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: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La Fuente 91610item4 View Report.pdf City of Oakland Page 1 Printed on 10/22/10",1,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 S-4-1 Subject: Homeland Security 2010 Assistance- Firefighter's Staffing From: Oakland Fire Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate A Grant From The Department Of Homeland Security 2010 Assistance To Firefighter's Staffing For Adequate Fire And Emergency Response Program (SAFER) In The Amount of Nine Hundred Twenty-One Thousand Seven Hundred Thousand Dollars ($921,735.00) To Fund The Salary And Benefits For Three (3) Firefighter Trainee Positions For A Two-Year Period 10-0041 Scheduled to *Public Safety Committee on 10/12/2010 View Report.pdf S-4-2 Subject: Vehicle Occupancy Protection And Bicycle Safety Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or His Designee On Behalf Of The City Of Oakland To: 1) Accept And Appropriate Grant Funds In An Amount Not To Exceed Four Hundred Ninety-One Thousand Three Hundred And Five Dollars ($491,305) From The State Of California, Office Of Traffic Safety To The Oakland Police Department For The Fiscal Year 2011 Implementation Of The Vehicle Occupancy Protection And Bicycle Safety Program, And 2) Waive The Competitive Request For Proposal/Qualifications Process For The Purchase Of Services Associated With The Program From The East Bay Community Recovery Project In An Amount Not To Exceed Fifty Thousand Dollars ($50,000), The Oakland Police Activities League In An Amount Not To Exceed Thirty Thousand Dollars ($30,000), And The Alameda County Public Health Department - Community Health Academy, In An Amount Not To Exceed Twenty-Nine Thousand Three Hundred Eighty-Five Dollars ($29,385) 10-0057 Scheduled to *Public Safety Committee on 9/28/2010 View Report.pdf 83005 CMS.pdf S-4-3 Subject: 2010-2011 DUI Enforcement And Awareness Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In The Amount Of Two Hundred Forty-One Thousand Two Hundred Dollars ($241,200) From The State Of California, Office Of Traffic Safety, For The 2010-2011 DUI Enforcement And Awareness Program To Be Conducted By The Police Department For The Project Term Of October 1, 2010 Through September 30, 2011 10-0058 Scheduled to *Public Safety Committee on 9/28/2010 View Report.pdf 83006 CMS.pdf City of Oakland Page 2 Printed on 10/22/10",2,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 S-4-4 Subject: Animal Services Division - Funding Donations From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or His Designee, On Behalf Of The City Of Oakland, To Accept Donations In The Amount Of Two Hundred Sixty-Five Thousand Five Hundred And Nine Dollars ($265,509) From The Estate Of Blanche Thomas, And Sixty-Six Thousand Five Hundred Dollars ($66,500) From Maddie's Fund, And Appropriate Said Funds To The Oakland Police Department Animal Services Division To Help Fund Spay And Neuter Programs, Quality Of Life Projects For Animals, And Purchase Supplies/Equipment For The Volunteer Program 10-0059 Scheduled to *Public Safety Committee on 9/28/2010 View Report.pdf 83007 CMS.pdf S-4-5 Subject: 2009-10 Fourth Quarter R & E Results & Year-End Projections From: The Budget Office Recommendation: Receive A Report On Fiscal Year 2009 - 2010 Fourth Quarter Revenue And Expenditure Results And Year-End Projections For Four Selected Funds - General Purpose Fund (1010), Landscape And Lighting Assessment District Fund (2310), Equipment Fund (4100) And City Facilities Fund (4400); Overtime Analysis For The General Purpose Fund (1010) And All Funds 10-0049 Scheduled to *Finance & Management Committee on 9/28/2010 View Report.pdf View Supplemental Report.pdf S-4-6 Subject: Elmhurst Weed And Seed Initiative From: Office Of The City Administrator Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed One Hundred Fifty-Six Thousand Nine Hundred Seventy-Nine Dollars ($156,979) From The U.S. Department Of Justice, Office Of Justice Programs, Community Capacity Development Office, In Support Of Fifth Year Program Operations Associated With The Elmhurst Weed And Seed Initiative A Comprehensive Community-Based Strategy For Local Law Enforcement, Crime Prevention and Community Revitalization 10-0043 Scheduled to *Public Safety Committee on 10/12/2010 View Report.pdf City of Oakland Page 3 Printed on 10/22/10",3,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 S-4-7 Subject: Medical Marijuana Cultivation Facility From: Office Of The City Administrator Recommendation: Action On A Report Regarding Proposed Request For Permit Applications (RFPA) To Operate A Medical Cannabis Cultivation Facility Pursuant To Oakland Municipal Code Chapter 5.81 10-0044 Scheduled to *Public Safety Committee on 9/28/2010 View Report.pdf View Report.pdf View Report.pdf View Report.pdf S-4-8 Subject: Health Element - General Plan Amendment From: Vice Mayor Quan Recommendation: Action On A Report And Recommendation To Direct Staff To Work With The Alameda County Public Health Department To Develop A Framework For Incorporating A Health Element Into The General Plan And Seek Funding To Implement This Framework 10-0047 Scheduled to *Public Safety Committee on 9/28/2010 View Report.pdf View Report.pdf S-4-9 Subject: 2010 United Nations Day From: Councilmember Nadel Recommendation: Adopt A Resolution Declaring October 2010 United Nations Month And October 24th 2010 United Nations Day In The City Of Oakland And Authorizing The City Of Oakland To Serve As An Honorary Sponsor Of The United Nations Anniversary Flag Raising Ceremony 10-0048 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/5/2010 View Report.pdf 82991 CMS.pdf City of Oakland Page 4 Printed on 10/22/10",4,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 S-4-10 Subject: Small Local Business Enterprise Program From: Community and Economic Development Agency Recommendation: A Request To Reschedule An Item Previously Scheduled To The September 28, 2010 Community and Economic Development Agenda And Schedule To The October 12, 2010 Community And Economic Development Committee Agenda Adopt A Resolution Adopting The Modifications To The City's Local And Small Local Business Enterprise Program As Recommended By The Fairness In Contracting And Purchasing Disparity Study 09-1651 Scheduled to *Community & Economic Development Committee on 10/12/2010 S-4-11 Subject: City Administrator's Purchases And Contracts From: Contracting And Purchasing Recommendation: Receive An Informational Report Listing All Purchases And Contracts Authorized By The City Administrator, Or The City Administrator Designee, Within The City Administraor's Contract Authority During Fiscal Year 2009 - 2010 In Accordance With Oakland Municipal Code Section 2.04.020.D.2 10-0040 Scheduled to *Finance & Management Committee on 9/28/2010 View Report.pdf S-4-12 Subject: Sanitary Sewer Root Foaming From: Community And Economic Development Agency Recommendation: Adopt A Resolution (1) Rejecting All Bids, (2) Waiving Further Competitive Bidding And (3) Approving The Award Of A Negotiated Construction Contract To Root Tamers For The Sanitary Sewer Root Foaming Project (Project No. P188440) In Accord With Specifications For The Project And Contractor's Negotiated Bid Proposal In The Amount Of Three Hundred Twenty-Five Thousand Dollars ($325,000.00) 10-0042 Scheduled to *Public Works Committee on 9/28/2010 View Report.pdf 83002 CMS.pdf City of Oakland Page 5 Printed on 10/22/10",5,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 S-4-13 Subject: Rent Adjustment Program From: Community And Economic Development Agency Recommendation: Receive An Annual Report Of The Rent Adjustment Program For Fiscal Year 2009-2010 10-0046 Scheduled to *Community & Economic Development Committee on 10/12/2010 View Report.pdf View Report.pdf S-4-14 Subject: Broadway/MacArthur/Sar Pablo Redevelopment Plan Change From: Community And Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Amending The Procedures For The Formation Of The Project Area Committee For The Broadway/Macarthur/San Pablo Redevelopment Project Area To Expand The Membership To Include Representatives Of The Lowell Street/Golden Gate/Gaskill Area, And To Make Other Modifications; And 10-0050 Scheduled to *Community & Economic Development Committee on 9/28/2010 View Report.pdf 83003 CMS.pdf 2) An Agency Resolution Accepting The Preliminary Plan For An Amendment To The Broadway/ Macarthur/ San Pablo Redevelopment Plan Expanding The Project Area To Incorporate The Lowell Street/Golden Gate/Gaskill Area, Authorizing Preparation Of A Redevelopment Plan Amendment, And Authorizing Transmittal Of A Statement Of Preparation Of Plan Amendment To The State, County, And Taxing Entities 10-0050-1 Scheduled to *Community & Economic Development Committee on 9/28/2010 View Report.pdf View Report.pdf 2010-0107 CMS.pdf S-4-15 Subject: Martin Luther King Jr. Way/Peralta - Streetscape Design From: Community and Economic Development Agency Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To Negotiate And Execute A Contract With Gates + Associates In An Amount Not To Exceed $480,000 To Prepare Streetscape Plans And Design Documents For Martin Luther King Jr. Way Peralta Street In West Oakland 10-0051 Scheduled to *Community & Economic Development Committee on 9/28/2010 View Report.pdf View Report.pdf 2010-0108 CMS.pdf City of Oakland Page 6 Printed on 10/22/10",6,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 S-4-16 2) A Resolution Authorizing Application For And Acceptance And Appropriation Of A $470,000 Grant Under The California Department Of Housing And Community Development Building Growth And Equity In Neighborhoods Program To Assist The 9507 Edes Avenue Development And Authorizing Loans To Purchasers Of Units In The Edes Development 10-0052-1 Scheduled to *Community & Economic Development Committee on 9/28/2010 83004 CMS.pdf Scheduled to *Community & Economic Development Committee on 9/28/2010 S-4-17 Subject: Temporary Construction Easements - 42nd/High Improvement Project From: Community And Economic Development Agency Recommendation: Adopt An Ordinance Authorizing The City Administrator Or His Designee To Acquire Property Rights, Including Fee Interests, Permanent Easements, And Temporary Construction Easements, For Ten Parcels For The 42nd Avenue And High Street Access Improvement Project Without Returning To Council 10-0053 Scheduled to *Public Works Committee on 10/12/2010 View Report.pdf S-4-18 Subject: Regillus Homeowners Association - Encroachment Permit From: Community And Economic Development Agency Recommendation: Adopt A Resolution Granting The Regillus Homeowners Association A Revocable And Conditional Permit To Allow Existing Balconies And A New Handicapped Ramp At 200 Lakeside Drive To Encroach Into The Public Right-Of-Way Along Jackson Street 10-0054 Scheduled to *Public Works Committee on 9/28/2010 View Report.pdf S-4-19 Subject: 967 Stanford Avenue - Encroachment Permit From: Community and Economic Development Agency Recommendation: Adopt Resolution Granting Stanford Triangle LLC A Revocable And Conditional Permit To Allow A Portion Of An Existing Building And Its Supporting Retaining Wall At 967 Stanford Avenue To Encroach Into The Public Right-Of-Way Along Lowell Street 10-0055 Scheduled to *Public Works Committee on 10/12/2010 View Report.pdf City of Oakland Page 7 Printed on 10/22/10",7,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 S-4-20 Subject: 10700 MacArthur Boulevard - Encroachment Permit From: Community And Economic Development Agency Recommendation: Adopt A Resolution Granting MacArthur Boulevard Associates A Conditional And Revocable Permit To Allow A Soil Shoring System To Encroach Under The Public Right-Of-Way Along Foothill Boulevard For A New Grocery Store In The Foothill Square Shopping Center Located At 10700 MacArthur Boulevard 10-0056 Scheduled to *Public Works Committee on 10/12/2010 S-4-21 Subject: Chabot/OUSD Conditional Assignment Agreement From: Community and Economic Development Agency Recommendation: Adopt A City Ordinance Authorizing The City Administrator To Negotiate And Execute A Conditional Assignment Agreement With The Chabot Space And Science Center (""Chabot"") And The Oakland Unified School District (The ""District"") To: (1) Subordinate The City's Right To Assume The Ground Lease For The Property; And (2) Consent To A Restructuring Of The District's Loan To Chabot 10-0060 No Action Taken View Report.pdf S-4-22 Subject: Uptown Mixed-Income Project From: Community And Economic Development Agency Recommendation: Adopt A Resolution Approving A Final Map For Tract No. 8046 To Create Three Market-Rate And Three Affordable-Rate Condominiums To Facilitate Private Investment In The Uptown Mixed-Income Project By Low Income Housing Tax Credit Investors 10-0061 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/5/2010 View Report.pdf 82995 CMS.pdf City of Oakland Page 8 Printed on 10/22/10",8,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 S-4-23 Subject Tall Monopole Wireless Telecommunications Facility - Appeal From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying Appeal #A10223 And Upholding The Decision Of The Planning Commission To Deny Case #CM10140 For A 41'-5""-Tall Monopole Wireless Telecommunications Facility In The Open Space Zone Section Of Public Right-Of-Way On Skyline Blvd. North Of The Roberts Park Street Entrance 10-0062 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/19/2010 S-4-24 Subject: Wireless Telecommunications Facility - Skyline Blvd. From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying Appeal #A10224 Submitted August 16, 2010 And Upholding The Decision Of The Planning Commission To Deny Case #CM10140 On August 4, 2010 For A 36'-4""-Tall Monopole Wireless Telecommunications Facility In The Open Space Zone Section Of Public Right-Of-Way On Skyline Blvd. North Of The Chabot Space And Science Center Street Entrance 10-0063 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 10/19/2010 S-4-25 Subject: Dunsmuir Hellman Historic Estate From: Office Of Parks And Recreation Recommendation: Receive An Informational Report On The Status Of The Operations And Management Of The 50 Acre Dunsmuir Hellman Historic Estate By The City Of Oakland Office Of Parks And Recreation As Of May 3, 2010 10-0039 Scheduled to *Life Enrichment Committee on 9/28/2010 View Report.pdf S-4-26 Subject: Rent Relief To Oakland Golf LLC From: Office Of Parks And Recreation Recommendation: Adopt A Resolution To Approve Fifty Percent (50%) Of The Minimum Rent Relief To Oakland Golf LLC For The Operation Of The Metropolitan Golf Links During Fiscal Year July 1, 2010 Through June 30, 2011 As Authorized In The First Sublease And Operating Agreement Approved By Resolution No. 81274 On May 6, 2008 10-0045 Scheduled to *Finance & Management Committee on 10/12/2010 View Report.pdf View Report.pdf City of Oakland Page 9 Printed on 10/22/10",9,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 2010 5 A review of the Council Committees' actions from September 14, 2010 and determination of scheduling to the ORA/City Council meeting of September 21, 2010 (MATRIX) A motion was made by Member Reid, seconded by Member De La Fuente, to *Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La Fuente 91610item5 View Report.pdf 6 A review of the Agendas for the Council Committee meetings of September 28, 2010 and Rules and Legislation Committee of September 30, 2010 A motion was made by Member De La Fuente, seconded by Member Reid, to *Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La Fuente 91610item6 View Report.pdf 7 Subject: Opposing Proposition 23 From: Councilmember Nadel Recommendation: Adopt A Resolution Opposing Proposition 23, A Ballot Initiative To Suspend The Clean Energy And Air Pollution Control Standards Of The Global Warming Solutions Act Of 2006 (AB32) 10-0007 A motion was made by Member Quan, seconded by Chair Brunner, that this matter be *Approve as Amended the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on September 21, 2010. The motion carried by the following vote: Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La Fuente View Report.pdf 82984 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 11:25 p.m. City of Oakland Page 10 Printed on 10/22/10",10,RulesAndLegislationCommittee/2010-09-16.pdf RulesAndLegislationCommittee,2010-09-16,"*Rules & Legislation Committee Meeting Minutes September 16, 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 TTD 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 10/22/10",11,RulesAndLegislationCommittee/2010-09-16.pdf