body,date,text,page,path
RulesAndLegislationCommittee,2011-11-17,"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, November 17, 2011
10:45 AM
City Council Chambers - 3rd Floor
Roll Call / Call to Order
The Oakland City Council Rules and Legislation Committee convened at 10:53
a.m., with Council President Reid presiding as Chairperson.
COMMITTEE MEMBERSHIP:
Present: Vice Mayor Brooks, Member Schaaf, Member Reid and President Pro
Tempore De La Fuente
1
Determinations of Closed Session
* Approve as Submitted
Votes:
2
Approval of the Draft Minutes from the Committee meeting of November 3, 2011
3
Determination of Schedule of Outstanding Committee Items
* Approve as Submitted
Votes:
There was one speaker on this item.
4
Scheduling of Agenda Items
rules111711item4
View Report.pdf
View Report.pdf
City of Oakland
Page 1
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
S-4.1
Subject:
Two Tier Retirement Amendment
From:
Office Of The City Attorney
Recommendation: Adopt An Ordinance Repealing Ordinance No. 13904 C.M.S. Which
Authorized An Amendment To The Contract Between The City Of Oakland And The Board Of
Administration Of The California Public Employees' Retirement System (""PERS"") That
Among Other Things, Would Establish A Different Level Of Retirement Benefits And Change
The Definition Of ""Final Compensation"" For City Employees The City Hires For The First
Time After The Effective Date Of The Contract
11-0138
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
View Supplemental.pdf
City of Oakland
Page 2
Printed on 12/23/11",2,RulesAndLegislationCommittee/2011-11-17.pdf
RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
S-4.2
Subject:
Professional Services Agreement - Kennedy And Associates
From:
Community And Economic Development Agency
Recommendation: A Request To ReTitle An Item Already Scheduled To The November 29,
2011 Special Community And Economic Development Committee Agenda
NEW TITLES:
Adopt The Following Pieces Of Legislation:
1) An Agency Resolution Authorizing A Waiver Of The Advertising And Request For
Proposal/Qualifications Process And A Request To Authorize The Agency Administrator To
Negotiate And Execute An Amendment To The Professional Services Agreement With
Kennedy And Associates To Increase The Contract By An Amount Not To Exceed One
Hundred Fifty Thousand Dollars ($150,000) For A Total Contract Amount Of Three Hundred
Thousand Dollars ($300,000) For Additional Civil Engineering Services For The Former
Oakland Army Base Project; And
2) A City Resolution Authorizing A Waiver Of The Advertising And Request For
Proposal/Qualifications Process And A Request To Authorize The City Administrator To
Negotiate And Execute An Amendment To The Professional Services Agreement With
Kennedy And Associates To Increase The Contract By An Amount Not To Exceed One
Hundred Fifty Thousand Dollars ($150,000) For A Total Contract Amount Of Three Hundred
Thousand Dollars ($300,000) For Additional Civil Engineering Services For The Former
Oakland Army Base Project
OLD TITLES: Agency and City Resolutions Authorizing A Waiver Of The Advertising And
Request For Proposal/Qualifications Process And A Request To Authorize The Agency
Administrator To Negotiate And Execute An Amendment To The Professional Services
Agreement With Kennedy And Associates To Increase The Contract By An Amount Not To
Exceed Three Hundred Thousand Dollars ($300,000) For A Total Contract Amount Of Four
Hundred Fifty Thousand Dollars ($450,000) For Additional Civil Engineering Services For The
Former Oakland Army Base Project
REASON: New Title Reduces Proposed Contract Amendment Amount And Duration By 50%,
So That Services May Be Re-Bid Sooner, Potentially Allowing For Greater Local Business
Participation.
11-0085
Scheduled to *Special Community & Economic Development Committee
on 11/29/2011
View Report.pdf
2011-0066 CMS.pdf
City of Oakland
Page 3
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
S-4.3
Subject:
Pulte Homes Contract Increase - Rainbow Teen Center
From:
Community And Economic Development Agency
Recommendation: A Request To Reschedule An Item Withdrawn From The November 8,
2011 Public Works Committee Agenda
Adopt A Resolution Amending Resolution No. 83165 C.M.S. To Authorize An Increase In The
Contract With Pulte Homes For The Construction Of The Rainbow Teen Center By $30,699
From $121,000 To $151,699 To Pay For Prevailing Wage Costs
REASON: Staff need additional time to provide clarifications of payment strategy which have
been requested by the Office of the City Administrator.
11-0090
Scheduled to *Public Works Committee on 12/13/2011
S-4.4
Subject:
Agreement - Building Services Management Review
From:
Community And Economic Development Agency
Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Negotiate
And Execute An Amendment To An Agreement With Management Partners, Inc. For The
Management Review Of The Building Services Division Within The Community & Economic
Development Agency For A New Total Not To Exceed $185,000; 2) Waive The Competitive
Procurement Process For This Agreement; And 3) Waive Local And Small Local Business
Enterprise Requirements
11-0133
Scheduled to *Special Community & Economic Development Committee
on 11/29/2011
View Report.pdf
83654 CMS.pdf
S-4.5
Subject:
High Profile Code Enforcement Cases
From:
Community And Economic Development Agency
Recommendation: Discussion And Possible Action On High Profile Code Enforcement Cases
11-0135
Scheduled to *Special Community & Economic Development Committee
on 11/29/2011
View Report.pdf
S-4.6
Subject:
Demolished Residence Report
From:
Community And Economic Development Agency
Recommendation: Receive A Report On Residences Demolished By Building Services
Between 2007 And 2011 And New Procedures Requiring The City Attorney And City
Administrator To Review The Public Nuisance Process Before Demolition Contracts Are Bid
11-0136
Scheduled to *Special Community & Economic Development Committee
on 11/29/2011
View Report.pdf
City of Oakland
Page 4
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
S-4.7
Subject:
Building Services-Priority Improvement
From:
Community And Economic Development Agency
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Approving A Report From The City Administrator Implementing Building
Services Division (""BSD"") Priority Improvement Items In Response To The Motion Of
The
City Council Adopted At The September 20, 2011 City Council Meeting, Including, Neutral
Appeals Process For Code Enforcement Appeals, Discontinuing Prospective Code Enforcement
Liens, Revising Conflict Of Interest Policy For Outside Employment For The BSD, And
Conducting An Further Investigation Of BSD, And Approving A Requirement To Rebid
Change Orders Above Ten Percent For Certain BSD Contracts In Excess Of $2,500 And
Adopting An Amnesty Program For Certain BSD Penalties And Interest; And
2) A Resolution Creating A Building Services Improvement Advisory Task Force, Setting
Procedures And Criteria For Appointment, And Providing The Terms And Responsibilities Of
The Advisory Task Force Members; On The November 29, 2011 Special Community And
Economic Development Committee Agenda
11-0137
Scheduled to *Special Community & Economic Development Committee
on 11/29/2011
View Report.pdf
View Supplemental Report.pdt
83652 CMS.pdf
S-4.8
Subject:
Brooklyn Basin Development Project
From:
Community And Economic Development Agency
Recommendation: Adopt A Resolution Authorizing The City To Accept And Appropriate A
Grant Of Up To Ten Million Dollars ($10,000,000-00) From The State Of California Natural
Resources Agency, Department Of Water Resources, For Improvements Of The Existing
Shoreline Within The Brooklyn Basin; And Authorizing The City Administrator Or Designee
To Designate Oakland Harbor Partners (OHP) As The Primary Sub-Grantee And To Authorize
The City Administrator To Work With Oakland Harbor Partners To Secure The Grant, Utilize
The Funding To Meet The Reporting And Contracting Requirements Of The State And The
Development Agreement
11-0141
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
As non-consent
View Report.pd
83649 CMS.pdf
City of Oakland
Page 5
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
S-4.9
Subject:
General Obligation Refunding Bonds
From:
Finance And Management Agency
Recommendation: Adopt A Resolution Authorizing The Issuance And Sale Of Not To Exceed
$95,000,000 Aggregate Principal Amount Of City Of Oakland General Obligation Refunding
Bonds, Series 2012; Prescribing The Terms Of Sale Of Said Bonds; Approving The Form Of
And Authorizing The Execution And Delivery Of A Fiscal Agent Agreement, Escrow
Agreement, Continuing Disclosure Certificate And Bond Purchase Contract; Approving The
Form Of And Authorizing The Distribution Of A Preliminary Official Statement And
Authorizing The Execution And Delivery Of An Official Statement; And Authorizing
Necessary Actions Related Thereto
11-0140
Scheduled to *Special Finance & Management Committee on 11/29/2011
View Report.pdf
View Supplemental Report.pdf
View Report.pdf
83651 CMS.pdf
S-4.10
Subject:
Delinquent Real Property Transfer Taxes
From:
Finance and Management Agency
Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent Real
Property Transfer Taxes And Upon Conclusion Adopt One Of The Following Pieces Of
Legislation:
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs
Incurred By The City Of Oakland For Delinquent Real Property Transfer Taxes And
Confirming The Recordation Of Liens With Administrative And Assessment Charges As
Necessary -Pursuant To Chapter 4.20 Of The Oakland Municipal Code, And Directing The
Notice Of `Lien And Assessment Charges Be Turned Over To The County Tax Collector For
Collection; Or
11-0142
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
83645 CMS.pdf
2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports
Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent
Real Property Transfer Taxes And Authorizing The Recordation Of Liens With Administrative
And Assessment Charges As Necessary - Pursuant To Chapter 4.20 Of The Oakland Municipal
Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The
County Tax Collector For Collection; Or
11-0142-1
3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent
Real Property Transfer Taxes And The Recordation Of Liens With Administrative And
Assessment Charges As Necessary-Pursuant To Chapter 4.20 Of The Oakland Municipal Code
11-0142-2
City of Oakland
Page 6
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
S-4.11
Subject:
Delinquent Business Taxes
From:
Finance And Management Agency
Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent
Business Taxes And Upon Conclusion Adopt One Of The Following Pieces Of Legislation:
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs
Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The
Recordation Of Liens, Administrative Charges And Assessment Charges As Necessary -
Pursuant To Title 5, Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice
Of Lien And Assessment Charges To Be Turned Over To The County For Collection; Or
11-0143
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
83644 CMS.pdf
2) A Resolution Overruling Protests And Accepting And Confirming Reports Of The City
Administrator On The Delinquent Business Taxes And Confirming The Recordation Of Liens,
Administrative Charges And Assessment Charges As Necessary - Pursuant To Title 5, Chapter
5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment
Charges To Be Turned Over To The County Tax Collector For Collection; Or
11-0143-1
3) A Resolution Continuing Hearing On Reports Of The City Administrator On The Delinquent
Business Taxes And The Confirming Of The Recordation Of Liens, Administrative Charges
And Assessment Charges As Necessary - Pursuant To Title 5, Chapter 5.04 Of The Oakland
Municipal Code
11-0143-2
S-4.12
Subject:
Assessment Of Liens - Transient Occupancy Taxes
From:
Finance And Management Agency
Recommendation: Conduct A Public Hearing On Assessment Of Liens For Delinquent
Transient Occupancy Taxes And Upon Conclusion Adopt One Of The Following Pieces Of
Legislation:
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs
Incurred By The City Of Oakland For Delinquent Transient Occupancy Taxes And Confirming
The Recordation Of Liens With Administrative And Assessment Charges As Necessary -
Pursuant To Chapter 4.24 Of The Oakland Municipal Code, And Directing The Notice Of Lien
And Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
11-0144
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
83643 CMS.pdf
City of Oakland
Page 7
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports
Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent
Transient Occupancy Taxes And Authorizing The Recordation Of Liens With Administrative
And Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal
Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over to The
County Tax Collector For Collection; Or
11-0144-1
3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent
Transient Occupancy Taxes And The Recordation Of Liens With Administrative And
Assessment Charges As Necessary - Pursuant To Chapter 4.24 Of The Oakland Municipal
Code
11-0144-2
S-4.13
Subject:
Delinquent Mandatory Garbage Fees
From:
Finance And Management Agency
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The
Following Pieces Of Legislation:
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs
Incurred By The City Of Oakland For Delinquent Garbage Service Fees And Confirming The
Recordation Of Liens With Administrative And Assessment Charges As Necessary - Pursuant
To Chapter 8.28 Of The Oakland Municipal Code, And Directing The Notice Of Lien And
Assessment Charges Be Turned Over To The County Tax Collector For Collection; Or
11-0145
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
83642 CMS.pdf
2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports
Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent
Garbage Service Fees And Authorizing The Recordation Of Liens With Administrative And
Assessment Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal
Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The
County Tax Collector For Collection; Or
11-0145-1
3) A Resolution Continuing Hearing Of The Reports Of The City Administrator On Delinquent
Garbage Service Fees And The Recordation Of Liens With Administrative And Assessment
Charges As Necessary - Pursuant To Chapter 8.28 Of The Oakland Municipal Code
11-0145-2
City of Oakland
Page 8
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17,2011
S-4.14
Subject:
Special Finance And Management Meeting
From:
President Pro Tem De La Fuente
Recommendation: A Request To Schedule A Special Finance And Management Committee
Meeting On November 29, 2011 At 12:00 P.M.
11-0147
Scheduled to *Special Finance & Management Committee on 11/29/2011
S-4.15
Subject:
Parking Grace Period
From:
Councilmember Jane Brunner
Recommendation: Adopt A Resolution Establishing A Five-Minute Grace Period For Parking
At Public Pay-And-Display Parking Meters In The City Of Oakland
11-0139
Scheduled to *Finance & Management Committee on 12/13/2011
View Report.pdf
S-4.16
Subject:
Special Council Session - Oakland Army Base
From:
Council President Reid
Recommendation: A Request To Schedule A Special Council Session (Workshop) On The
Development Of The Oakland Army Base On November 29, 2011 At 5:30 P.M.
11-0146
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 11/29/2011
S-4.17
Subject:
Commending Morrie Turner
From:
Councilmembers Schaaf And Nadel
Recommendation: Adopt A Resolution Commending Morrie Turner For His Many Years Of
Communicating Through His Drawings Of ""Wee Pals"" Characters
11-0134
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
83633 CMS.pdf
Items submitted on the dais:
Subject:
Contract Increase - VMA Security
From:
Office Of Contracting And Purchasing
Recommendation: Adopt A Resolution Authorizing The City Administrator To Increase The
Amount Of The Emergency Security Services Contract With VMA Security Or Other Security
Services Provider(s) For The Provision Of Security Services As Needed At Frank Ogawa Plaza
And Other Facilities In An Amount Not To Exceed Five Hundred Forty Five Thousand Dollars
($545,000)
11-0153
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
View Supplemental Report.pdf
City of Oakland
Page 9
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
Subject:
Cash Management Report
From:
Finance And Management Agency
Recommendation: Receive The Cash Management Report For The Quarter Ended September
30, 2011
11-0152
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
View Supplemental Report.pdf
Subject:
Honoring Steve Bullivant
From:
President Pro Tem De La Fuente
Recommendation: Adopt A Resolution Honoring Steve Bullivant For 28 Years Of
Distinguished Service To The City Of Oakland And Congratulating Him On His Retirement
11-0148
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
83634 CMS.pdf
Subject:
Coliseum Authority Board Appointment
From:
Council President Reid
Recommendation: Adopt A Resolution Reappointing Desley Brooks As A Member Of The
Oakland-Alameda County Coliseum Authority Board Of Commissioners And Appointing
Aaron Goodwin As A Member Of The Oakland-Alameda County Coliseum Authority Board
Of Commissioners
11-0151
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 12/6/2011
View Report.pdf
View Supplemental Report.pdf
View Report.pdf
View Supplemental Report.pdf
5
A review of the Agendas for the Special Meetings of November 29, 2011 and the Rules and
Legislation Committee Meeting of December 1, 2011
A motion was made by President Pro Tempore De La Fuente, seconded by
Member Schaaf, to *Approve as Submitted. The motion carried by the
following vote:
Votes: Aye; 4 - Member Schaaf, Vice Mayor Brooks, Member Reid and President Pro
Tempore De La Fuente
City of Oakland
Page 10
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
6
Subject:
Contract Extension - Townsend Public Affairs
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Recommending That Townsend Public Affairs' State
Lobbyist Contract Get Extended For The Period Of October 31, 2011 Through October 31,
2012 At A Cost Of One Hundred Thirty Thousand Dollars ($130,000), And Authorizing An
Option To Renew On A Month To Month Basis For A Six Month Period Until April 31, 2013,
At The City's Discretion, And To Increase The Agreement Up To An Amount-Not-To Exceed
One Hundred Thirty Thousand Dollars ($130,000), As Needed, For A Total Agreement
Not-to-Exceed Five Hundred Eighty Five Thousand Dollars ($585,000)
11-0102
A motion was made by President Pro Tempore De La Fuente, seconded by
Member Schaaf, 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 December 6, 2011. The
motion carried by the following vote:
Votes: Aye; 4 - Member Schaaf, Vice Mayor Brooks, Member Reid and President Pro
Tempore De La Fuente
There was one speaker on this item.
View Report.pdf
View Supplemental Report.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 11:43
a.m.
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 of Oakland
Page 11
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RulesAndLegislationCommittee,2011-11-17,"*Rules & Legislation Committee
Meeting Minutes
November 17, 2011
City Clerk and Clerk of the Council
City of Oakland
Page 12
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