body,date,text,page,path RulesAndLegislationCommittee,2015-06-04,"City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza Oakland, California 94612 CITY OF Meeting Minutes 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, June 4, 2015 10:45 AM City Council Chamber, 3rd Floor The Oakland City Council Rules & Legislation Committee convened at 10:55 a.m., with President Pro Tempore Reid presiding as Chairperson. Roll Call / Call To Order Excused 1 - Lynette Gibson McElhaney Present 3 - Abel J. Guillén, Dan Kalb, and Laurence E. Reid 1 Determinations Of Closed Session 14-0977 Attachments: View Report.pdf A Special Closed Session has been scheduled for June 16, 2015 at 2:30 p.m. A motion was made by Guillén, seconded by Kalb, that this matter be Received and Filed. The motion carried by the following vote: Excused: 1 - - Gibson McElhaney Aye: 3 - - Guillén, Kalb, and Reid 2 Approval Of The Draft Minutes From The Committee Meeting Of May 7, 2015 And May 21, 2015 14-0978 Attachments: View Report.pdf A motion was made by Kalb, seconded by Guillén, that this matter be Received and Filed. The motion carried by the following vote: Excused: 1 - - Gibson McElhaney Aye: 3 - - Guillén, Kalb, and Reid 3 Determination Of Schedule Of Outstanding Committee Items 14-0979 A motion was made by Guillén, seconded by Kalb, that this matter be Received and Filed. The motion carried by the following vote: City of Oakland Page 1 Printed on 6/22/2015",1,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 Excused: 1 - - Gibson McElhaney Aye: 3 - - Guillén, Kalb, and Reid 4 Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas (SUPPLEMENTAL) 14-0980 Attachments: View Report.pdf The Public Works Committee meeting on June 9, 2015 will be scheduled to begin at 11:00 a.m. The Community & Economic Development Committee meeting on June 9, 2015 will be scheduled to begin at 1:00 p.m. There were 2 speakers on this item. A motion was made by Guillén, seconded by Kalb, that this matter be Received and Filed. The motion carried by the following vote: Excused: 1 - Gibson McElhaney Aye: 3 - - Guillén, Kalb, and Reid 4.1 Subject: Resolution Supporting Affordable Housing Developers From: Vice Mayor Kaplan Recommendation: Adopt A Resolution To Support Affordable Housing Developers To Expand The Availability Of Affordable Housing In Oakland, California Through A Clear And Effective Process That Will Provide Timely Information Regarding Available Land To Affordable Housing Providers 14-1056 Attachments: View Report.pdf This City Resolution was Scheduled.to the *Community & Economic Development Committee to be heard 6/23/2015 4.2 Subject: Graffiti Abatement Mural Grant To East Side Arts Alliance From: Vice Mayor Kaplan Recommendation: Adopt A Resolution Authorizing A Grant Of $5,000 From Vice Mayor Rebecca Kaplan's Graffiti Abatement Mural And Green Wall Funds To Eastside Arts Alliance For A Mural On The Property At 8400 International Boulevard, Oakland California 14-1055 Attachments: View Report.pdf This City Resolution was Scheduled.to the Meeting of the Oakland City Council to be heard 6/16/2015 City of Oakland Page 2 Printed on 6/22/2015",2,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 4.3 Subject: Oakland Workforce Investment Board FY 2015-2016 Budget And Contracts From: Economic And Workforce Development Department Recommendation: Adopt A Resolution (1) Adopting The Fiscal Year 2015-2016 Workforce Investment Board Budget; 2) Accepting And Appropriating Workforce Investment Act (WIA) Title I Formula Funds For Adult, Dislocated Worker, Rapid Response And Youth Programs In The Amount Of $4,567,188; (3) Accepting And Appropriating $205,090 In State Department Of Education Career Pathways Trust Funds Through The Alameda County Office Of Education And Waiving Payment Of Central Services Overhead Charges For Said Grant Funds; And (4) Authorizing Contracts With Service Providers Competitively Selected By The Oakland Workforce Investment Board To Provide Adult, Dislocated Worker, Rapid Response And Youth Services From WIA Title I Formula Funds Through June 2017 14-1054 Attachments: View Report.pdf This City Resolution was Scheduled.to the *Community & Economic Development Committee to be heard 6/23/2015 4.4 Subject: Quarterly Tracking Report For Code Enforcement From: Council President Lynette Gibson McElhaney Recommendation: Receive An Informational Report On The Activities Of The Code Enforcement Department, Including Qualitative And Quantitative Analysis Of Complaints Received, Notices Of Violations Sent, Amount In Fines Collected, Volume And Results Of Inspections, And Other Such Metrics To Illuminate The Efforts To Address Blight And Enforce City Laws In The City Of Oakland; On The October 13, 2015 Community And Economic Development Committee Agenda As A Quarterly Item 14-1053 This City Resolution was Scheduled.to the *Community & Economic Development Committee to be heard 10/13/2015 as a Quarterly Report 4.5 Subject: Oakland's Youth Advisory Commission Report & Recommendations From: Human Services Department Recommendation: Receive A Report From Oakland's Youth Advisory Commission And Recommendations For Accountable And Effective Policing In Oakland With A Goal To Improve Relations Between Law Enforcement, The Community, And Young People 14-1052 Attachments: Youth Advisory Color report View Report.pdf This Report and Recommendation was Scheduled.to the *Public Safety Committee to be heard 6/23/2015 City of Oakland Page 3 Printed on 6/22/2015",3,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 4.6 Subject: Measure Z Violence Prevention Strategies/Spending Plan From: Human Services Department Recommendation: Adopt A Resolution Approving The Measure Z Violence Prevention Program Strategies, Funding Amounts, And The Request For Proposal Process For The Funding Cycle For January 2016 Through Fiscal Year 2017-2018 14-1051 Attachments: View Report.pdf This City Resolution was Scheduled.to the *Public Safety Committee to be heard 6/23/2015 4.7 Subject: Claremont EAP Amendment To Add OFD From: Human Resources Management Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend Existing Resolution 83596 Authorizing An Agreement With Claremont Behavioral Services, Inc. (""Claremont"") Adding The Provision Of Employee Assistance Program (EAP) Services To Sworn Employees Of The Oakland Fire Department And Their Respective Dependents In An Amount Not To Exceed $30,000 Per Year For Fiscal Years 2015-16 Through 2019-20, Under The Same Terms And Conditions As Agreed Under The Citywide Employee Assistance Program Services Agreement With Exception To The Service Model Terms 14-1049 Attachments: View Report.pdf This City Resolution was Scheduled.to the *Finance & Management Committee to be heard 6/23/2015 4.8 Subject: Elder Abuse Awareness Month From: Councilmember Campbell Washington Recommendation: Adopt A Resolution Declaring The Month Of June 2015 As Elder Abuse Awareness Month 14-1048 Attachments: View Report.pdf This City Resolution was Scheduled.to the Meeting of the Oakland City Council to be heard 6/16/2015 as a Ceremonial Item City of Oakland Page 4 Printed on 6/22/2015",4,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 4.9 Subject: PFRS Investments & PFRS Actuary Report From: Finance Department Recommendation: Receive An Informational Report On The Oakland Police And Fire Retirment System (PFRS) Investment Portfolio As Of March 31, 2015 And 2014 Actuary Valuation 14-1045 Attachments: View Report.pdf This Informational Report was Scheduled.to the *Finance & Management Committee to be heard 6/23/2015 4.10 Subject: Rainbow Recreation Center Professional Services Contract From: Oakland Public Works Department Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee To A Ward And Execute A Professional Services Contract With Byrens Kim Design Works For The Design And Construction Of The Rainbow Recreation Center Expansion And Renovation Project (No. C470910) For An Amount Not To Exceed Five Hundred Twenty-Five Thousand Dollars ($525,000.00) 14-1044 Attachments: View Report.pdf This City Resolution was Scheduled.to the *Public Works Committee to be heard 6/23/2015 4.11 Subject: Foothill-Seminary Public Transit Hub Streetscape From: Oakland Public Works Department Recommendation: Adopt A Resolution Waiving Advertising And Competitive Bidding And Increasing The Change Order Limit With Mcguire And Hester For The Construction Of Foothill/Seminary Public Transit Hub Streetscape (Project No. C429610) From Fifteen Percent (15%) To Twenty-Three Percent (23%) Of The Original Contract Amount 14-1043 Attachments: View Report.pdf This City Resolution was Scheduled.to the *Public Works Committee to be heard 6/23/2015 City of Oakland Page 5 Printed on 6/22/2015",5,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 4.12 Subject: Rehab Of Sanitary Sewers From: Oakland Public Works Department Recommendation: Adopt A Resolution A Warding A Construction Contract To J. Howard Engineering, Inc., The Lowest Responsive And Responsible Bidder, In Accordance With Project Plans And Specifications For The Rehabilitation Of Sanitary Sewers In The Area Bounded By 17th Street, 21st Street, 27th Street, Inyo A Venue, And 25th Street (Project No. C329145) And With Contractor's Bid In The Amount Of Two Million Nine Hundred Forty -Nine Thousand Three Hundred Thirty-Eight Dollars ($2,949,338.00) 14-1042 Attachments: View Report.pdf This City Resolution was Scheduled.to the *Public Works Committee to be heard 6/23/2015 4.13 Subject: Creating The Department Of Race And Equity From: Councilmember Desley Brooks Recommendation: Adopt An Ordinance Amending Chapter 2.29 Of The Oakland Municipal Code Entitled, ""City Agencies, Departments And Offices"", Which Established The Organizational Structure Of The City Under The City Administrator's Jurisdiction In Accordance With The Requirements Of The City Charter Section 600, To Create The Department Of Race And Equity By December 2015, That Will Report Directly To The City Administrator; Establishing Definitions And Implementation Steps Related To A Citywide Strategy Of A Fair And Just City; And Receive An Informational Report Identifying The Timeline And All Steps Necessary To Implement The Department By December 2015 [TITLE CHANGE] 14-0457 Attachments: View Finance Committee Report.pdf View Life Enrichment Committee Report.pdf View Finance Supplemental Report.pdf View Life Enrichment Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf View Supplemental Report.pdf This Ordinance was Scheduled.to the Meeting of the Oakland City Council to be heard 6/16/2015 City of Oakland Page 6 Printed on 6/22/2015",6,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 4.14 Subject: Salary Ordinance Amendment For Public Ethics Classifications From: Human Resources Management Department Recommendation: Adopt AnOrdinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. (""Salary Ordinance"") To Amend The Classification, Salary And Represetnation Unit Of Executive Director, Public Ethics Commission And Create The Classifications Of Deputy Director, Public Ethics Commission; Ethics Investigator; Ethics Analyst I; And Ethics Analyst II. 14-1050 Attachments: View Report.pdf This Ordinance was Scheduled.to the *Finance & Management Committee to be heard 6/23/2015 4.15 Subject: Amendments To Business Improvement Management District Ordinance From: Economic & Workforce Developmemt Department Recommendation: Adopt An Ordinance Amending Chapter 4.48 Of The Oakland Municipal Code (1) To Allow The City To Enter Into Contracts Exceeding One Year With Nonprofit Corporations To Administer Business Improvement Management Districts (BIMD), (2) To Clarify That More Than 30 Percent Of Affected Properties Must Petition For The Formation Of A New BIMD, (3) To Change The Official Responsible For Administering BIMDs From The City Clerk To The City Administrator, And (4) To Allow A Summary Of The Management District Plan To Be Attached To Petitions To Form BIMDs 14-1047 Attachments: View Report.pdf This City Resolution was Scheduled.to the *Community & Economic Development Committee to be heard 6/23/2015 Items Submitted On The Dais City of Oakland Page 7 Printed on 6/22/2015",7,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 #1 Subject: B&B Vehicle Processing Contract Extension From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator To Extend For Up To One (1) Year Under The Same Terms And Conditions The Agreement With B&B Vehicle Processing, Inc., Authorized By Resolution No. 81365 C.M.S., For Towing And Storage Of Vehicles, Collection And Administration Of Towing Fees, Lien Sales According To Law, And Various Other Administrative Services Connected With Police-Related Towing Operations, Which Agreement Provides That B&B Will Pay The City An Estimated Amount Of Eight Hundred Thousand Dollars ($800,000.00) In Fees And Projected Revenue To Be Generated By The Towing Operation; And, Waiving Advertising And Request For Proposal (""RFP"") Process For Said Extension 14-1046 Attachments: View Report.pdf Councilmember Kalb made a motion seconded by Councilmember Guillen to approve the urgency finding this item or 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 (1) is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting. This City Resolution was Scheduled.to the *Public Safety Committee to be heard 6/9/2015 #2 Subject: Settlement Agreement - Elizabeth Paloma Gonzalez 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 Case Of Elizabeth Paloma Gonzalez V. City Of Oakland, Alameda County Superior Court Case No. RG13677698, City Attorney's File No. 29273, In The Amount Of Eight Thousand Five Hundred Dollars ($8,500.00) (Office Of Public Works - Trip And Fall) 14-1058 Attachments: View Report.pdf This City Resolution was Scheduled.to the Meeting of the Oakland City Council to be heard 6/16/2015 City of Oakland Page 8 Printed on 6/22/2015",8,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 #3 Subject: Settlement Agreement - Ruano V. City Of Oakland From: Office Of The Cuty Attormey Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Case Of Linda D. Ruano V. City Of Oakland, Et Al, Alameda County Superior Court Case No. RG13-692524, In The Amount Of Sixty Thousand Dollars And No Cents ($60,000.00) As A Result Of A Trip And Fall Incident On Or About January 21, 2013 (Office Of Public Works - Dangerous Condition/Trip And Fall) 14-1059 Attachments: View Report.pdf This City Resolution was Scheduled.to the Meeting of the Oakland City Council to be heard 6/16/2015 #4 Subject: Truancy In The City Of Oakland From: Councilmember Brooks Recommendation: Receive An Informational Report On The Truancy In The City Of Oakland; Its Impact On Public Safety; And The Staus Of Any Existing Partnerships With The Oakland Unified School District And/Or Alameda County To Address Truancy; On The July 28, 2015 Public Safety Committee Agenda 14-1057 This City Resolution was Scheduled.to the *Public Safety Committee to be heard 7/28/2015 #5 2) Receive An Informational Report Summarizing The Community Budget Forum Process And Outcome In Accordance With The City's Consolidated Fiscal Policy; And 14-1061 Attachments: View Report.pdf This City Resolution was Scheduled.to the * Special Meeting of the Oakland City Council to be heard 6/8/2015 #6 Suject: Budget Advisory Committee (BAC) Report From: Office Of The City Administrator Recommendation: Receive A Report From The Budget Advisory Committee (BAC) Providing Feedback On The Mayor's Fiscal Year (FY) 2015-17 Proposed Policy Budget In Accordance With The City's Consolidated Fiscal Policy 14-1060 Attachments: View Report.pdf This City Resolution was Scheduled.to the * Special Meeting of the Oakland City Council to be heard 6/8/2015 From the June 9, 2015 Public Safety Committee: City of Oakland Page 9 Printed on 6/22/2015",9,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 Subject: Informational Request From 100 Black Men Of The Bay Area From: Members Of The Public Recommendation: Receive The Following Informational Report From The Oakland Police Department In Response To The Rules Request From 100 Black Men Of The Bay Area (Frank Tucker): 1) Receive A Report And Recommnedations Regarding Adopting Legislation Requiring The Use Of Psychological Testing And Screening For Officer New Hires, And The Re-testing Of All Sworn Personnel In 5 Year Intervals Thereafter; And 14-0823 Attachments: View Report.pdf This Report and Recommendation was * Withdrawn and Rescheduled.to the *Public Safety Committee to be heard 7/14/2015 2) Receive A Report And Recommnedations Regarding Adopting Policies And Procedures Which Require OPD To Train Officers More Effectively In The Use Of Force, Especially Lethal Force; Such Training Should Not Only Define Conditions In Which Officers May Use Lethal Force But Also, More Broadly, Show Them How To Avoid It; And 14-0824 This Report and Recommendation was * Withdrawn and Rescheduled.to the *Public Safety Committee to be heard 7/14/2015 3) Receive A Report And Recommnedations Regarding Adopting Legislation To Eradicate The Persistent Widespread Custom Or Practice Of Concealing Or Suppressing Investigations Into Police Officer Misconduct; In Order For The Public To Be Safe We Must Break Down The ""Blue Wall Code Of Silence"" That Exists In Law Enforcement Agencies Throughout This Nation. Good Officers Must Not Defend Bad Officers Or Their Misconduct; aND 14-0825 This Report and Recommendation was * Withdrawn and Rescheduled.to the *Public Safety Committee to be heard 7/14/2015 4) Receive A Report And Recommnedations Regarding Adopting Officer Reporting And Disclosure Requirements For Both Responding And On-Scene Officers In All Use Of Force Cases; Mandatory Firing And Criminal Prosecution For Failure To Report And/Or Disclose Officer Misconduct And For Providing False Information; And 14-0826 This Report and Recommendation was * Withdrawn and Rescheduled. to the *Public Safety Committee to be heard 7/14/2015 City of Oakland Page 10 Printed on 6/22/2015",10,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 5) Receive A Report And Recommnedations Regarding Adopting Legislation Prohibiting Any Law Enforcement Officer To Ask For, Or Take, Someone's Camera, Phone, And/Or Other Device That Takes Photos Or Records Video Without First Securing A Warrant Issued By A Judge; And 14-0827 Attachments: View Report.pdf This Report and Recommendation was * Withdrawn and Rescheduled.to the *Public Safety Committee to be heard 7/14/2015 6) Receive A Report And Recommnedations Regarding Adopting Legislation To Send Law Enforcement Video, Dash Cams, Etc., To The Cloud In Real Time, To Avoid Any Tampering Of Evidence; And 14-0828 This Report and Recommendation was * Withdrawn and Rescheduled.t to the *Public Safety Committee to be heard 7/14/2015 7) Receive A Report And Recommnedations Regarding Adopting Legislation To Stop Criminalizing The Victim; Adopting A Policy On The Release Of Criminal And Personal Information Of Individuals Involved In Excessive Use Of Force Cases And Officer Involved Shootings; And 14-0829 This Report and Recommendation was * Withdrawn and Rescheduled.to the *Public Safety Committee to be heard 7/14/2015 8) Receive A Report And Recommnedations Encouraging The Public To Initiate A ""Do Shoot"" Campaign Urging Anyone Who Sees Someone Being Pulled Over By The Police Or Being Arrested To Shoot Video Of The Incident With Their Cell Phone Camera As A Means Of Self Defense 14-0830 This Report and Recommendation was * Withdrawn and Rescheduled.to the *Public Safety Committee to be heard 7/14/2015 5 A Review Of The Draft Agendas For The City Council Meeting Of June 16, 2015 And The Rules And Legislation Committee Of June 18, 2015 14-0981 Attachments: View Report.pdf A motion was made by Guillén, seconded by Kalb, that this matter be Received and Filed. The motion carried by the following vote: Excused: 1 - - Gibson McElhaney Aye: 3 - Guillén, Kalb, and Reid City of Oakland Page 11 Printed on 6/22/2015",11,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 6 Subject: Support For AB 1240: Student Access To Free Breakfast From: Council President Gibson McElhaney Recommendation: Adopt A Resolution In Support Of California Assembly Bill 1240 (Bonta And Thurmond) Which Ensures More California Children Have Access To Free Breakfast In Order To Enhance Student Achievement, Attendance, Mental And Physical Health 14-0985 Attachments: View Supplemental Report.pdf View Report.pdf A motion was made by Kalb, seconded by Guillén, that this matter be Approve the Recommendation of Staff, and Forward to the Meeting of the Oakland City Council, to be heard 6/16/2015. The motion carried by the following vote: Excused: 1 - Gibson McElhaney Aye: 3 - Guillén, Kalb, and Reid Open Forum (Total Time Available: 15 Minutes) There were 2 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 11:41 a.m. 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 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 City of Oakland Page 12 Printed on 6/22/2015",12,RulesAndLegislationCommittee/2015-06-04.pdf RulesAndLegislationCommittee,2015-06-04,"*Rules & Legislation Committee Meeting Minutes June 4, 2015 * 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 13 Printed on 6/22/2015",13,RulesAndLegislationCommittee/2015-06-04.pdf