body,date,text,page,path
RulesAndLegislationCommittee,2016-09-15,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
Meeting Minutes - FINAL
LaTonda Simmons, City
Clerk
CITY OF OAKLAND
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, September 15, 2016
10:45 AM
City Council Chamber, 3rd Floor
Roll Call / Call To Order
The Oakland City Council Rules And Legislation Committee convened at, with
Councilmember Reid presiding as Chairperson.
Excused 1 - Lynette Gibson McElhaney
Present 3 - - Abel J. Guillén, Dan Kalb, and Laurence E. Reid
COMMITTEE MEMBERSHIP:Abel J. Guillén, District 2; Dan Kalb, District 1; President
Pro Tempore Larry Reid, District 7; Chairperson: Council President Lynette Gibson
McElhaney, District 3
1
Determination Of Closed Session
16-0075
There was no Closed Session today.
2
Approval Of The Draft Minutes From The Committee Meeting Of July 14, 2016
16-0076
A motion was made by Abel J. Guillén, seconded by Dan Kalb, that this matter be
Accepted. 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
16-0077
This Report and Recommendation be Accepted.
Excused: 1 - - Gibson McElhaney
Aye: 3 - - Guillén, Kalb, and Reid
City of Oakland
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RulesAndLegislationCommittee,2016-09-15,"*Rules & Legislation Committee
Meeting Minutes - FINAL
September 15, 2016
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day
Agendas
(SUPPLEMENTAL)
16-0078
This Report and Recommendation be Accepted as Amended.
Excused: 1 - Gibson McElhaney
Aye: 3 - Guillén, Kalb, and Reid
4.1
Subject:
Councilmember Guillen Travel Authorization
From:
Councilmember Abel J Guillen
Recommendation: Adopt A Resolution Authorizing Councilmember Abel Guillen To
Travel To Long Beach, California To Attend The 2016 League Of California Cities
Annual Conference & Expo From October 5-7, 2016
16-0148
Councilmember Kalb made a motion seconded by Councilmember Guille to
approve the urgency finding on item 4.2 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 to faciliate
Councilmember Guillen's participation at the Conference.
This City Resolution be Scheduled.to go before the Concurrent Meeting of the
Oakland Redevelopment Successor Agency / City Council / Geologic Hazard
Abatement District Board to be heard 9/20/2016
4.2
Subject:
Honoring Usana Hopkins
From:
President Pro Tem Reid And Vice Mayor Campbell Washington
Recommendation: Adopt A Resolution Honoring Usana Hopkins, Early Childhood And
Family Services Manager, Upon Her Retirement After 24 Years Of Dedicated Public
Service To The City Of Oakland
16-0108
Councilmember Kalb made a motion seconded by Councilmember Guillen to
approve the urgency finding on item 4.3 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.
This City Resolution be Scheduled.to go before the Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
9/20/2016
City of Oakland
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RulesAndLegislationCommittee,2016-09-15,"*Rules & Legislation Committee
Meeting Minutes - FINAL
September 15, 2016
4.3
Subject:
Acceptance Of Grant Funds From The Kenneth Rainin Foundation
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Accept And Appropriate Grant Funds From The Kenneth Rainin
Foundation In The Total Amount Of Four Hundred Seventeen Thousand Six Hundred
Dollars ($417,600), With The First Half, Two Hundred Eight Thousand Eight Hundred
Dollars ($208,800), To Be Paid Upon The Foundation's Receipt Of The Signed Grant
Agreement, And The Balance To Be Paid In August 2017, To Be Used To Fully Fund
A Part Time (80 Percent) Position As The Mayor's Policy Director For Art Spaces For
A Two-Year Period.
16-0153
This City Resolution be Scheduled.to go before the *Finance & Management
Committee to be heard 9/27/2016
4.4
Subject:
Compromise And Settle The Case Of Fu Ming Zhang 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 Fu Ming Zhang V.City Of Oakland, Et Al.,
Alameda County Superior Court Case No. RG15779485, City Attorney's File No.
30611, In The Amount Of Sixty Thousand Dollars ($60,000.00) (Public Works - Motor
Vehicle Collision)
16-0155
This City Resolution be Scheduled.to go before the Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/4/2016
4.5
Subject:
Elba Becerra V. City Of Oakland, Et Al.
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Case Of Elba Becerra V. City Of Oakland, Et Al,
Alameda County Superior Court Case No. RG15-772706, In The Amount Of Seventy
Five Thousand Dollars And No Cents ($75,000.00) As A Result Of A Trip And Fall
Accident On April 2, 2015 (Public Works - Dangerous Condition)
16-0156
This City Resolution be Scheduled.to go before the Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/4/2016
City of Oakland
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Meeting Minutes - FINAL
September 15, 2016
4.6
Subject:
James Barrett 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 James Barrett V.City Of Oakland, Alameda
County Superior Court Case No. RG15777910, City Attorney's File No. 30502, In The
Amount Of Thirty Five Thousand Dollars ($35,000.00) (Public Works - Dangerous
Condition)
16-0157
This City Resolution be Scheduled.to go before the Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/4/2016
4.7
Subject:
Resolution Opposing Closure of Alta Bates Hospital
From:
Council President Gibson McElhaney, Pro Tempore Reid,
Councilmember Kaplan And City Attorney Barbara Parker
Recommendation: Adopt A Resolution (1) Opposing The Closure Of Alta Bates
Hospital, (2) Directing The City Administrator To Work With The City's Lobbyist And
All Relevant Government Agencies To Ensure A Continuity Of High Quality Medical
Services For Oaklanders, And (3) Directing The City Administrator To Consult With
The City Attorney And Prepare A Confidential Opinion For City Council With Legal
Options To Prevent The Closure
16-0119
Councilmember Kalb made a motion seconded by Councilmember Guillen to
approve the urgency finding on item 4.7 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 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 be Scheduled.to go before the Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
9/20/2016
4.8
Subject:
Acceptance Of Grant Funds From The Oakland Public Education Fund
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Accept And Appropriate Grant Funds From The Oakland Public
Education Fund In The Total Amount Of Two Hundred Seven Thousand Dollars
($207,000) To Be Used To Provide Full Funding For The Mayor's Director Of
Education For The Remainder Of Fiscal Year 2017 (November 2016-June 2017)
16-0150
This City Resolution be Scheduled.tc go before the *Finance & Management
Committee to be heard 9/27/2016
City of Oakland
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RulesAndLegislationCommittee,2016-09-15,"*Rules & Legislation Committee
Meeting Minutes - FINAL
September 15, 2016
4.9
Subject:
Fire And Police Trainees
From:
Hunman Resources Managemnet Department
Recommendation: Adopt A Resolution Recommending To The Civil Service Board
That The Classifications Of Fire Fighter Trainee, Fire Fighter Paramedic Trainee, And
Police Officer Trainee Be Exempted From Civil Service
16-0141
This City Resolution be Scheduled.to go before the *Finance & Management
Committee to be heard 9/27/2016
4.10
Subject:
On-Call Construction Contract Amendment For DC Construction
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Waiving Advertising And Competitive Bidding
And Authorizing The City Administrator, Or Designee, To Amend The On-Call
Construction Contract With DC Construction Increasing The Total Contract Amount
From Six Hundred Thousand Dollars ($600,000.00) To Seven Hundred Twenty-Five
Thousand Dollars ($725,000.00)
16-0132
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 9/27/2016
4.11
Subject:
I.T. Salary Ordinance Amendment
From:
Human Resources Management
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Change The Titles Of Information Systems
Supervisor And Information Systems Manager To Information Systems Manager I And
Information Systems Manager II, Respectively; And To Increase The Salary Rate For
Information Systems Manager I
16-0137
This Ordinance be Scheduled.to go before the *Finance & Management
Committee to be heard 9/27/2016
4.12
Subject:
Equal Access To Services Annual Compliance Report
From:
Human Resources Management
Recommendation: Receive An Informational Report Regarding The Annual Equal
Access To Services Ordinance Compliance Report For Fiscal Year 2015-2016
16-0138
This Informational Report be Scheduled.to go before the *Finance & Management
Committee to be heard 9/27/2016
City of Oakland
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Meeting Minutes - FINAL
September 15, 2016
4.13
Subject:
Salary Ordinance Amendment - Various Classifications
From:
Human Resources Management Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Add The Permanent Part-Time
Classifications Of Early Head Start Instructor, PPT, Head Start Instructor, PPT, And
Van Driver, PPT; Reactivate And Amend The Title Of Curator Of History, Chief, To
Curator Of African American Museum & Library At Oakland (AAMLO), Chief; Correct
The Salary Rates For Cable TV Production & Operations Manager, Environmental
Services Analyst, Assistant, And Capital Improvement Project Coordinator, Assistant;
Adjust The Title Of Police Program And Performance Auditor To Police Program And
Performance Audit Supervisor; And Adjust The Title Of Americans With Disabilities
Act (ADA) Projects Coordinator To Disability Access Coordinator
16-0140
This Ordinance be Scheduled.tc go before the *Finance & Management
Committee to be heard 9/27/2016
4.14
Subject:
State Youth Soccer Grant
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Apply For, Accept, And Appropriate Grant Funds From The California
Youth Soccer And Recreation Development Program For The Rainbow Recreation
Center Renovation Project In An Amount Not-To-Exceed Six Hundred Thousand
Dollars ($600,000.00) And For The Raimondi Park Phase Two Synthetic Field In An
Amount Not-To-Exceed One Million Dollars ($1,000,000.00)
16-0133
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 9/27/2016
4.15
Subject:
Rehabilitation Of Sanitary Sewers
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Awarding A Construction Contract To Andes
Construction, Inc., The Lowest Responsive And Responsible Bidder, In Accordance
With Project Plans And Sepcifications For The Rehabilitation Of Sanitary Sewers In
The Area Bounded By Campus Drive, Mountain Beoulevard, Knoll Avenue And
Rusting Avenue (Project No.C329147) And With Contractor's Bid In The Amount Of
Two Million Seven Hundred One Thousand One Hundred Eighty-Two Dollars
($2,701,182.00)
16-0134
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 9/27/2016
City of Oakland
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Meeting Minutes - FINAL
September 15, 2016
4.16
Subject:
Encroachment Permit
From:
Oakland Public Works
Recommendation: Adopt The Following Pieces Of Legislation:
1) Adopt A Resolution Granting A Conditional And Revocable Major Encroachment
Permits To Center For Elders' Independence To Allow Portion Of The Building Below
Sidewalk At 510 17th Street To Encroach Into Public Right-Of-Way Along 17th Street;
And
16-0129
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 9/27/2016
2) Resolution Granting A Conditional And Revocable Major Encroachment Permit To
Bay Devre, LLC To Allow Portion Of Existing Building Above Sidewalk At 3139 To
3149 West Street To Encroach Into The Public Right-Of-Way Along West Street And
32nd Street; And
16-0130
This City Resolution be Scheduled.to go before the *Public Works Committee
-
CANCELLED to be heard 9/27/2016
3) Resolution Granting A Conditional And Revocable Major Encroachment Permit To
Jean W. SETO, Trustee Of The Jean W. SETO Living Trust, To Allow Architectural
Features Above Sidewalk At 580 Grand Avenue To Encroach Into Public
Right-Of-Way Along Burk Street And Grand Avenue, Encroachment Permit
ENMJ16061.
16-0131
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 9/27/2016
4.17
Subject:
East Bay Economic Development Alliance Presentation
From:
Council President Gibson McElhaney
Recommendation: Receive A Presentation From The East Bay Economic
Development Alliance
16-0147
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 9/27/2016
City of Oakland
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RulesAndLegislationCommittee,2016-09-15,"*Rules & Legislation Committee
Meeting Minutes - FINAL
September 15, 2016
4.18
Subject:
Actions To Preserve Residential Hotels For Low Income Oaklanders
From:
Councilmember Gibson McElhaney, Reid and Guillen
Recommendation: Adopt A Resolution (1) Requesting The City Planning Commission
To Consider Zoning Regulation Changes To Further Preserve Residential Hotels For
Very Low And Low Income Residents, (2) Strengthening Tenant Protections And (3)
Directing The City Administrator To Prepare Options To Preserve Oakland's Supply Of
Residential Hotels Available For Very Low And Low Income Residents
16-0144
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 9/27/2016
4.19
Subject:
State Of CSEC (Commercial Sexual Exploitation Of Children) Annual
Report
From:
Vice Mayor Annie Campbell Washington
Recommendation: Receive An Informational Report On The Status Of Commercial
Sexual Exploitation Of Children In Oakland From The City Of Oakland CSEC Task
Force
16-0139
This Informational Report be Scheduled.to go before the *Life Enrichment
Committee to be heard 9/27/2016
4.20
Subject:
2016-2017 Unity Council Agreement Amendment
From:
Department of Human Services
Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend
The Grant Agreement With Unity Council For Head Start And Early Head Start
Services From July 1, 2016 To June 30, 2017 To Increase The Grant By Up To
$200,199, For A Total Grant Amount Of $4,689,123
16-0135
This City Resolution be Scheduled. to go before the *Life Enrichment Committee
to be heard 9/27/2016
4.21
Subject:
State Of Emergency For The Homeless Population Living In Encampments
From:
President Pro Tem Larry Reid
Recommendation: Adopt A Resolution Declaring A State Of Emergency For The
Homeless Population And Encampments And Direction To The City Administrator To
Establish A Homeless Commission To Address Possible Solutions To Assist The
Homeless Population
16-0136
This City Resolution be Scheduled.to go before the *Life Enrichment Committee
City of Oakland
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Meeting Minutes - FINAL
September 15, 2016
4.22
Subject:
Police Commission Charter Amendment Enabling Ordinance
From:
Councilmembers Dan Kalb And Noel Gallo
Recommendation: Adopt An Ordinance (1) Enabling The City Charter Amendment
Creating The Oakland Police Commission And The Community Police Review Agency
And (2) Establishing A Civilian Inspector General On The September 27, 2016 Public
Safety Committee Agenda
16-0152
This City Resolution be Withdrawn with No New Date.
4.23
Subject:
Housing, Residential Rent And Relocation Board
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Tracie
Mason To The Housing, Residential Rent And Relocation Board
16-0149
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 9/29/2016
4.24
Subject:
Naming Grove In Defremery Park In Honor Of Bobby Hutton
From:
Council President Gibson McElhaney And Pro Tempore Reid
Recommendation: Adopt A Resolution To Name The Grove In Defremery Park As
'Bobby Hutton Grove' In Commemoration Of The 50 TM Anniversary Of The Founding
Of The Black Panther Party
16-0143
This City Resolution be Scheduled.tc go before the *Rules & Legislation
Committee to be heard 9/29/2016
4.25
Subject:
Ellis Act For Preservation Of Residential Hotels In Oakland
From:
Council President Gibson McElhaney And Councilmember Guillen
Recommendation: Adopt A Resolution Urging The State Legislature And Governor To
Amend The Ellis Act (Government Code SEC. 7060 ET SEQ.) To Permit All California
Cities To Effectively Regulate Residential Hotels
16-0145
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 9/29/2016
City of Oakland
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Meeting Minutes - FINAL
September 15, 2016
4.26
Subject:
Appeal Of Planning Commission Approval
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A
Resolution Denying The Appeals Of The Coalition Of Neighborhood Stakeholders And
Oakland Residents For Responsible Development And Thus Upholding The Planning
Commission's Approval Of A Proposal To Construct 262 Dwelling Units Over
Approximately 13,000 Square Feet Of Retail Located At 226 13th Street, Oakland CA
(Project Case No. PLN15-320), Including Adopting CEQA Exemptions (15183 &
15183.3) And An Addendum (Relying On The Previously Certified 2014 Lake Merritt
Station Area Plan EIR)
16-0151
This City Resolution be Scheduled.to go before the Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/4/2016
Additional Requests Submitted On The Dias
1
Subject:
Police Chief Recruitment Input
From:
Office Of The City Administrator
Recommendation: Informational Report To Provide An Update On The Police Chief
Recruitment And To Gather Feedback From The Public Safety Committee (PSC)
About Desired Qualities In A New Police Chief
16-0084
This City Resolution be Scheduled.to go before the *Public Safety Committee to
be heard 10/25/2016
2
Subject:
Standing Rock Sioux Tribe's Opposition To Construction
From:
Councilmemebers Kaplan, Guillen And Kalb
Recommendation: Adopt A Resolution Proclaiming The City Of Oakland's Support For
The Standing Rock Sioux Tribe's Opposition To The Construction Of The Dakota
Access Pipeline
16-0159
Subject: Supplemental Funding For Neighborhood Career Centers In East, West,
And Central Oakland
From:
Pro Tempore Reid
Recommendation: As Previously Directed By The Community And Economic
Development Commitee To The City Administrator, To Provide Additional Funding To
Enable Neighborhood Career Centers To Continue Operaiton Through June 30, 2017
16-0203
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 10/25/2016
City of Oakland
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Meeting Minutes - FINAL
September 15, 2016
5
A Review Of The Council Committees' Actions From September 13, 2016 And
Determination Of Scheduling To The City Council Meeting Of September 20, 2016
(MATRIX)
16-0079
A motion was made by Dan Kalb, seconded by Abel J. Guillén, that this matter be
Accepted. The motion carried by the following vote:
Excused: 1 - - Gibson McElhaney
Aye: 3 - Guillén, Kalb, and Reid
6
A Review Of The Agendas For The Council Committee Meetings Of September 27,
2016 And The Rules And Legislation Committee Of September 29, 2016
16-0080
The agendas were amended to incorporated those items previously approved
under item 4 and item 5 of this agendas. And to delete itme 3 on the draft Life
Enrichment Committee agenda.
A motion was made that this matter be Accepted as Amended. The motion
carried by the following vote:
Excused: 1 - - Gibson McElhaney
Aye: 3 - - Guillén, Kalb, and Reid
LEC -
Subject:
Equal Access Protocol & Timeline For Translating Documents
4
From:
Councilmembers Kaplan, Guillen, and Gallo
Recommendation: Receive An Informational Report From The Office Of Equal Access
On Their Protocol And Timeline For Translating Documents For : (1) Translating
Documents, Including The Translation Of Legislative Calendar Templates, Recently
Distributed Agendas For City Council And Committees; (2) For A List Of Departments
That Equal Access Is Currently Working With On Translation Of Materials; (3) To
Include Possible Action On How To Better Serve The Constituents Of Oakland
15-1296
This Informational Report be Withdrawn with No New Date.
Open Forum (Total Time Available: 15 Minutes)
There were 7 speakers during open forum.
Adjournment
There being no further business, and upon the motion duly made, the Oakland
City Council Rules And Legislation Committee adjourned the meeting at 12.48
p.m.
City of Oakland
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RulesAndLegislationCommittee,2016-09-15,"*Rules & Legislation Committee
Meeting Minutes - FINAL
September 15, 2016
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 5 days 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
* 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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