body,date,text,page,path
RulesAndLegislationCommittee,2014-10-02,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
CITY OF
Meeting Minutes - FINAL
LaTonda Simmons, City
OAKLAND
Clerk
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland,
California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, October 2, 2014
10:45 AM
City Council Chambers - 3rd Floor
The Oakland City Council Rules & Legislation Committee convened at 11:00 a.m.,
with Council President Kernighan presiding as Chairperson.
Roll Call / Call To Order
Excused 1 - - Libby Schaaf
Present 3 - Laurence E. Reid, Patricia Kernighan, and Dan Kalb
1 Determinations Of Closed Session
A Special Closed Session has been scheduled for 2:30 p.m. on October 7, 2014.
Councilmember Kalb made a motion, seconded by Vice Mayor Reid, to approve
as submitted. The motion passed with a vote of 3 Ayes, 1 Excused - Schaaf.
2 Approval Of The Draft Minutes From The Committee Meeting Of September 18, 2014.
Councilmember Kalb made a motion, seconded by Vice Mayor Reid, to approve
as submitted. The motion passed with a vote of 3 Ayes, 1 Excused - Schaaf.
3 Determination Of Schedule Of Outstanding Committee Items
Vice Mayor Reid made a motion, seconded by Councilmember Kalb, to approve
as submitted. The motion passed with a vote of 3 Ayes, 1 Excused - Schaaf.
Rules100214lte
m3
Attachments: View Report.pdf
4 Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas
(SUPPLEMENTAL)
Vice Mayor Reid made a motion, seconded by Councilmember Kalb, to approve
as
amended. The motion passed with a vote of 3 Ayes, 1 Excused - Schaaf.
City of Oakland
Page 1
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
4.1
Subject:
Amending Medical Cannabis Dispensary Permit Regulations
From:
Councilmember Dan Kalb And President Pro Tempore Rebecca Kaplan
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Ordinance Amending Oakland Municipal Code Chapter 5.80 ""Medical Cannabis
Dispensary Permits"" To (A) Increase The Total Number Of Dispensary Permits From
Eight (8) To Twelve (12); And (B) To Make Changes To The Distance Requirements;
And
14-0079
Vice Mayor Reid made a motion, seconded by Council President Kernighan, to
not schedule the item. The motion passed with a vote of 2 Ayes, 1 Abstention
-
Kalb, and 1 Excused - Schaaf.
2) A Resolution (A) Authorizing The Creation Of A Non-Smoking On-Site
Consumption Permit System; And (B) Directing City Administrator Or His/Her
Designees To Create An Administrative Process To Approve Ancillary Non-Retail
Sites For Dispensaries; On The October 28, 2014 Finance & Management Committee
Agenda
14-0079-1
4.2
Subject:
Exclusive Negotiating Agreement For 2101 Telegraph Avenue
From:
Economic & Workforce Development Department
Recommendation: Adopt A Resolution Authorizing An Exclusive Negotiating
Agreement With TB2 Retail Complex, LLC Or A Related Entity, For Development Of A
Mixed-Use Project On City owned Property Located At 2100 Telegraph Avenue; And
Authorizing An Exclusive Negotiating Period Of Two Years And One Optional
Six-Month Administrative Extension
14-0070
Attachments: View Report.pdf
4.3
Subject:
Semi-Annual Vacancy Report
From:
Human Resources Management Department
Recommendation: Receive An Informational Report On Budgeted Vacant Positions
As Of April 28, 2014
14-0065
Attachments: View Report.pdf
City of Oakland
Page 2
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
4.4
Subject:
Amending Salary Ordinance To Create Fleet Compliance Coordinator
From:
Human Resources Management Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of
Ordinance No. 12187 C.M.S. (""Salary Ordinance"") To Create The Classification Of
Fleet Compliance Coordinator
14-0066
Attachments: View Report.pdf
4.5
Subject:
Amending Salary Ordinance To Create Fire Fighter Paramedic Trainee
From:
Human Resources Management Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of
Ordinance No. 12187 C.M.S. (""Salary Ordinance"") To Create The Classification Of
Fire Fighter Paramedic Trainee
14-0067
Attachments: View Report.pdf
4.6
Subject:
Oakland Head Start WestEd Training & Technical Assistance
From:
Human Services Department
Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To
Execute A Professional Services Agreement With WestEd For Specialized Training &
Technical Assistance For Head Start Staff On The Social And Emotional Foundations
Of Early Learning In An Amount Not To Exceed $7,500 For Program Year 2014-2015,
And 2) Waiving The Competitive Request For Proposal/Qualifications Process
14-0071
Attachments: View Report.pdf
4.7
Subject:
Oakland Head Start Raising A Reader Program
From:
Human Services Department
Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To
Execute A Professional Services Agreement With Raising A Reader To Provide
Ongoing Training & Technical Support For Head Start Program, In An Amount Not To
Exceed $15,000 For The Program Year 2014-2015, And 2) Waiving The Competitive
Request For Proposal/Qualifications Process
14-0072
Attachments: View Report.pdf
City of Oakland
Page 3
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
4.8
Subject:
OPD Implementation Of OPD IPAS2
From:
Information Technology Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Authorizing The City Administrator To Enter Into An Agreement With
Sierra-Cedar, Inc. (Formerly Sierra Systems, Inc.) In The Amount Of Five Hundred
Forty Thousand Dollars ($540,000) For Phase 2 As-Needed Technical And Project
Management Services For A Second Generation Early Warning System For The
Oakland Police Department (The ""IPAS2 Project""); And
14-0064
Attachments: View Report.pdf
2) A Resolution: 1. Awarding A Contract To Microsoft Corporation In An Amount Of
Two Million Two Hundred Thousand Dollars ($2,200,000) For The Design,
Development, And Implementation Of The Oakland Police Department's Second
Generation Early Warning System And Technology Platform (""IPAS2"" Project, And
2. Authorizing: (A) The City Administrator To Award Contracts Up To A Total Amount
Of One Million, Forty-Five Thousand Dollars ($1,045,000) To Purchase Hardware,
Software And Professional Services To Build The IPAS2 Project Infrastructure
Without Return To Council, Contingent On Council Authorization Of The Appropriation
Described Below; And (B) The Appropriation Of An Additional Amount Of Eight
Hundred And Eighty Seven Thousand Five Hundred Dollars ($887,500) To Be Used
To Purchase Hardware, Software And Professional Services For The IPAS2 V
Project; And (C) Waiving The City's Advertising, Bid And Request For Proposal (RFP)
Requirements For The Above Purchases, Provided That Prior To Expenditure Of Any
Funds Staff Will Award Contracts And Establish Contract Amounts For The
Controller's Bureau
14-0064-1
4.9
Subject:
Recognizing Samee Roberts
From:
Vice Mayor Larry Reid
Recommendation: Adopt A Resolution Honoring And Recognizing Samee Roberts,
Marketing Manager, Cultural Arts And Marketing, For Her Accomplishments Upon Her
Retirement From The City Of Oakland After 28 Years Of Dedicated Service To The
Residents Of Oakland; On The November 18, 2014 City Council Agenda As A
Ceremonial Item
14-0048
As A Ceremonial Item
City of Oakland
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
4.10
Subject:
Accountability & Transparency In High-Stakes Negotiations Act
From:
Councilmember Libby Schaaf And The Office Of The City Attorney
Recommendation: Adopt The Accountability And Transparency In High Stakes
Negotiations Policy Resolution Amending Rule 25 Of The Council's Rules Of
Procedure, Resolution No. 82580 C.M.S. And Resolution No. 84758 C.M.S., To
Require City Councilmembers Appointed To Serve On Boards, Commissions,
Agencies, Joint Powers Authorities, (""Representatives"") To: (1) Notify The City Council
As Soon As High-Stakes Negotiations Commence; (2) Provide Real-Time Reports On
High-Stakes Negotiations And Annual Reports On General Business; And (3)
Participate In Training Regarding Their Duties And Obligations Of Representation
Within 30 Days Of Appointment
13-0744
Attachments: View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
4.11
Subject:
Establish 1% For Public Art In Private Development Projects
From:
Councilmember Libby Schaaf
Recommendation: Adopt An Ordinance Amending The Oakland Municipal Code To
Adopt Chapter 15.70 Public Art Requirements, Which Establishes A New
Requirement Of 5% For Residential Or 1% For Nonresidential Of Private
Development Project Costs For Public Art And Codifies An Existing Requirement Of
1.5% Of The City's Capital Improvement Project Costs For Public Art, Adopted By
The City Council Through Ordinance No. 11086 C.M.S.
14-0036
Attachments: View Report.pdf
4.12
Subject:
Report On Efforts To Trace Guns Used In Crimes
From:
Councilmember Libby Schaaf
Recommendation: Receive An Informational Report From The Office Of The Chief Of
Police On Efforts To Trace Guns Used In Crimes; On The October 28, 2014 Public
Safety Committee Agenda
14-0050
City of Oakland
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
4.13
Subject:
Recognizing Garfield Neurobehavioral Center
From:
Councilmember Noel Gallo
Recommendation: Adopt A Resolution Recognizing Garfield Neurobehavioral Center
For Exemplary Services Provided To Oakland Residents And For Being A Continuous
Community Clean Up Partner
14-0075
Attachments: View Report.pdf
View Supplemental Report.pdf
As A Ceremonial Item
4.14
Subject:
OPD 2014 DNA Backlog Reduction Program
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or
Designee, To 1) Accept And Appropriate Grant Funds In An Amount Not To Exceed
Four Hundred Ninety One Thousand And Thirty-Four Dollars ($491,034) From The
U.S. Department Of Justice, National Institute Of Justice (USDOJ/NIJ) For
Implementation Of The Fiscal Year 2014 Forensic Casework Deoxyribonucleic Acid
(DNA) Backlog Reduction Grant Program In The Oakland Police Department; And 2)
Waive The Advertising And Competitive Bidding Requirements For The Purchases Of
DNA Training, DNA Typing Supplies And Evidence Temperature Monitored Freezers
In The Amount Of Forty-Two Thousand Four Hundred And Two Dollars ($42,402)
From VWR/ Fisher/ USA Scientific/ Aurora Biomed,
The Amount Of Forty Thousand Six Hundred Dollars ($40,600) From Life
Technologies (A.K.A. Thermo Fisher), Twenty-Four Thousand Two Hundred Twenty
Five Dollars ($24,225) From QIAgen, Four Thousand Nine Hundred Fifty Dollars
($4,950) From University Of
Florida / McCrone, And Sixty Eight Thousand One Dollars ($68,001) From Promega
14-0063
Attachments: View Report.pdf
4.15
Subject:
Street Pavement Prioritization Plan
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Establishing A Prioritization Plan For The City
Of Oakland's Street Pavement Rehabilitation Program
14-0069
Attachments: View Report.pdf
City of Oakland
Page 6
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
4.16
Subject:
FY 2013-2014 Annual Report On Grants Up To $50,000
From:
Office Of The City Administrator
Recommendation: Receive The Annual Informational Report From The City
Administrator On The Acceptance And Appropriation Of Restricted Grant Funds, Gifts
And Donations Of $50,000 Or Less For The Period July 1, 2013 Through June 30,
2014
14-0068
Attachments: View Report.pdf
4.17
Subject:
25th Anniversary Of The Loma Prieta Earthquake
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Recognizing The 25th Anniversary Of The
Loma Prieta Earthquake
14-0077
Attachments: View Report.pdf
85187 CMS.pdt
Vice Mayor Reid made a motion, seconded by Councilmember Kalb, to approve
the urgency finding on item 4.17 for the following reasons: That there is a need
to take immediate action which came to the attention of the local body after the
agenda was posted, and that the need to take immediate action relates to a
purely ceremonial or commendatory action.
4.18
Subject:
Recognizing The 9th Graduating Class Of The Oakland City Academy
From:
Council President Patricia Kernighan
Recommendation: Adopt A Resolution Recognizing The Ninth Graduating Class Of
The Oakland City Academy; On The November 18, 2014 City Council Agenda As A
Ceremonial Item
14-0049
As A Ceremonial Item
City of Oakland
Page 7
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
4.19
Subject:
United Nations Flag Parade And Flag Day Resolution
From:
Council President Patricia Kernighan
Recommendation: Adopt AResolution Designating October 18-25, 2014 As United
Nations Peace Week And October 18, 2014 As United Nations Flag Parade And Flag
Raising Day At The United Nations Pole In Jack London Square
14-0073
Attachments:
View Report.pdf
85186 CMS.pdf
As A Ceremonial Item
Vice Mayor Reid made a motion, seconded by Councilmember Kalb, to approve
the urgency finding on item 4.19 for the following reasons: That there is a need
to
take immediate action which came to the attention of the local body after the
agenda was posted, and that the need to take immediate action relates to a
purely ceremonial or commendatory action.
4.20
Subject:
Appointments To National League Of Cities' 2013 Business Meeting
From:
Council President Patricia Kernighan
Recommendation: Adopt A Resolution Designating Council President Patricia
Kernighan As The City Of Oakland's Voting Delegate And Council Member Noel Gallo
As The City Of Oakland's Alternate Voting Delegate To The National League Of Cities'
Annual Business Meeting, Scheduled To Take Place In Austin On November 22, 2013
14-0074
Attachments: View Report.pdf
As A Consent Item
4.21
Subject:
Graffiti Task Force Report
From:
Council President Patricia Kernighan
Recommendation: Receive An Informational Report On Progress Of The
Administration's Graffiti Task Force; On The November 12, 2014 Community &
Economic Development Committee Agenda
14-0076
City of Oakland
Page 8
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
4.22
Subject:
Agricultural Regulations & Other Planning Regulation Changes
From:
Councilmembers Kaplan, Kalb And Gibson McElhaney
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An
Ordinance, As Recommended By The City Planning Commission, Amending The
Oakland Planning Code To Update The City's Agricultural Regulations; And Make
Other Miscellaneous Planning Code Text, Map, And Height Area Amendments,
Including But Not Limited To: 1) Clarifying The Process And Exceptions To The
Maximum Yard Requirements; 2) Standardizing Design Review Procedure Language;
3) Clarifying The Definitions Of ""Live/Work"" And ""Work/Live""; 4) Streamlining The
Process For Allowing Alcoholic Beverage Manufacturers To Sell Their Products On
Site; 5) Modifying The Cup Findings For Hotels; 6) Adding ""Taxi And Light-Based
Fleet Services"" To The Activity Chart For The CIX-1, CIX -2, IG, And IO Zones; 7)
Modifying The Minimum Lot Frontage And Width Requirements In The CIX -IC And
CIX-ID Zones; 8) Clarifying The Application Of The S-19 Combining Zone; 9) Adding
Height Area Designations To Certain CC Zoned Parcels In West Oakland; 10)
Changing The Zoning From CIX-IA To CIX-IB For Certain Properties In The 3rd And
7th Street Corridors In West Oakland; 11) Adding The T Overlay To Two Blocks
Between 3rd And 5th, Market And Brush Streets; 12) Adjusting The Boundary
Between The CC-2 And RM-2 Zones Near The Intersection Of 7th And Peralta
Streets; 13) Modifying The Regulation Of Pharmacies In The D-BV Zones; 14)
Amending The Wood Street Zoning District Development Standards In Support Of
Redevelopment Of The 16th Street Train Station; And 15) Making Other Minor Zoning
Text Changes To Improve The Clarity Of The Planning Code, And Make Appropriate
California Environmental Quality Act Determinations
13-0328
Attachments: View Report.pdf
And As A Public Hearing On October 21, 2014
4.23
Subject:
Amending The Prompt Payment Ordinance
From:
President Pro Tempore Kaplan And Councilmember Brooks
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter
2.06 To Add Requirements To Make Prompt Disbursements Of Grant Funds To Grant
Recipients
14-0051
Attachments: View Report.pdf
View Supplemental Report
Rules 100214Ite
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Attachments: View Report.pdf
Items Submitted On The Dais
City of Oakland
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Meeting Minutes - FINAL
October 2, 2014
#1
Subject:
Legal Protection Of Unaccompanied Children
From:
Councilmembers Gallo, Reid And Mayor Quan
Recommendation: Adopt A Resolution Authorizing A Grant In An Amount Up To
$577,231.00 To Centro Legal De La Raza To Be Used To Provide Legal Services To
Central American Unaccompanied Children (UAC) In Oakland That Have Fled To The
United States To Escape Violent And Other Oppressive Conditions In Their Countries,
And Authorizing The City Administrator To Appropriate And/Or Identify Funds For The
Grant
14-0045
Attachments: Vew Report.pdf
View Supplemental Report.pdf
#2
Subject:
Government Ethics Act
From:
Councilmember Dan Kalb And The Office Of The City Attorney
Recommendation: Adopt A ""Government Ethics Act"" Ordinance (A) Adopting And
Expanding Local Oversight Over Ethical Requirements Regarding Conflicts Of
Interest, Revolving Door, Use Of City Resources For Private Gain, Gifts, City Officers
Contracting With The City, And Other Ethics Issues; (B) Adopting And Expanding
State Governmental Ethics Laws Applicable To Local Government Officials And Public
Servants; (C) Granting The Public Ethics Commission Authority To Impose Penalties
For Violations Of Certain Charter Provisions Including Sections 218 (Noninterference
In Administrative Affairs) And 907 (Nepotism); (D) Requiring That The Public Ethics
Commission Provide Training, Advice And Assistance Regarding Compliance With
The Act; And (E) Authorizing The Commission To Impose Penalties And Fines For
Violations [TITLE CHANGE]
14-0078
Attachments: View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
#3
Subject:
Holiday Fireworks Enforcement Report
From:
Councilmember Noel Gallo
Recommendation: Receive An Informational Report From The Oakland Police
Department And The Oakland Fire Department To Establish A Plan Of Action For The
Enforcement And Outreach Efforts Related To Fireworks For The New Year And
Fourth Of July Holidays In 2015
14-0080
5 A Review Of The Council Committees' Actions From September 30, 2014 And Determination
Of Scheduling To The City Council Meeting Of October 7, 2014 (MATRIX)
Vice Mayor Reid made a motion, seconded by Councilmember Kalb, to approve
as amended. The motion passed with a vote of 3 Ayes, 1 Excused - Schaaf.
City of Oakland
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
Subject:
State Grant For Peralta Hacienda Activities
From:
Oakland Parks And Recreation
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Apply For, Accept And Appropriate Grant Funds From The State Of
California Department Of Parks And Recreation Habitat Conservation Fund Program
For Youth Wildlife Activities At Peralta Hacienda Historical Park In The Amount Of
Eighty Thousand Dollars ($80,000) For The Four Year Grant Term With A Required
Dollar For Dollar Match Of Eighty Thousand Dollars ($80,000) To Be Matched By The
Friends Of Peralta Hacienda Historical Park Annual Operating Funds
14-0038
Attachments: View Report.pdf
85201 CMS.pdf
As A Consent Item
Rules100214Ite
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Attachments: View Report.pdf
6 A Review Of The Draft Agendas For The City Council Meeting Of October 14, 2014 And The
Rules And Legislation Committee Of October 16, 2014.
Vice Mayor Reid made a motion, seconded by Councilmember Kalb, to approve
as amended. The motion passed with a vote of 3 Ayes, 1 Excused - Schaaf.
Rules100214lte
m6
Attachments: View Report.pdf
Open Forum (Total Time Available: 15 Minutes)
There were no Open Forum speakers.
Adjournment
There being no further business, and upon the motion duly made, the Oakland
City Council Rules & Legislation Committee adjourned the meeting at 11:51 a.m.
City of Oakland
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RulesAndLegislationCommittee,2014-10-02,"*Rules & Legislation Committee
Meeting Minutes - FINAL
October 2, 2014
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)238-3254
TTD
MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL
AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE
CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM
8:30AM TO 5:00PM
* 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
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