body,date,text,page,path
RulesAndLegislationCommittee,2018-01-11,"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
CITY OF 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, January 11, 2018
10:45 AM
City Council Chamber, 3rd Floor
The Oakland City Council Rules And Legislation Committee convened at 10:50 a.m., with
Council President Reid presiding as Chairperson.
Roll Call / Call To Order
Present 3- - Abel J. Guillén, Laurence E. Reid, and Annie Campbell Washington
Absent 1 - - Lynette McElhaney
1
Determinations Of Closed Session
17-0485
Attachments: View Report
There will be a Special Closed Session at 2:30 p.m On January 16, 2018
A motion was made by Abel J. Guillén, seconded by Annie Campbell
Washington, that this matter be Accepted. The motion carried by the following
vote:
Aye: 3 - - Guillén, Reid, and Campbell Washington
Absent: 1 - - McElhaney
NO VOTE: 0
2
Approval Of The Draft Minutes From The Committee Meeting Of December 14, 2017
17-0486
Attachments: View Report
A motion was made by Annie Campbell Washington, seconded by Abel J.
Guillén, that this matter be Accepted. The motion carried by the following vote:
Aye: 3 - - Guillén, Reid, and Campbell Washington
Absent: 1 - - McElhaney
NO VOTE: 0
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
3
Determination Of Schedule Of Outstanding Committee Items
17-0487
Attachments: View Report
There were No changes made to the pending list.
A motion was made by Abel J. Guillén, seconded by Annie Campbell
Washington, that this matter be Accepted. The motion carried by the following
vote:
Aye: 3 - - Guillén, Reid, and Campbell Washington
Absent: 1 - - McElhaney
NO VOTE: 0
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas
(SUPPLEMENTAL)
17-0488
Attachments: View Report
1 speaker spoke on this item.
A motion was made by Annie Campbell Washington, seconded by Abel J.
Guillén, that this matter be Accepted as Amended. The motion carried by the
following vote:
Aye: 3 - Guillén, Reid, and Campbell Washington
Absent: 1 - McElhaney
NO VOTE: 0
4.1
Subject:
Legislation To Place A Library Parcel Tax Measure On The June 5, 2018
Ballot
From:
Oakland Public Library
Recommendation: Adopt 1) A Resolution On The City Council's Own Motion Submitting
To The June 5, 2018 Statewide Primary Election, A Proposed Ordinance To Adopt A
Special Parcel Tax To Maintain, Protect And Improve Direct Library Services Throughout
Oakland; And Directing The City Clerk To Fix The Date For Submission Of Arguments
And Provide For Notice And Publication In Accordance With The June 5, 2018 Statewide
Primary Election; OR
18-0035
Attachments: View Report
View Supplemental Report 1/26/18
View Supplemental Report 2/1/18
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 1/25/2018
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
4.2
Subject:
Proposed Ballot Measure To Tax Vacant Properties
From:
Councilmember Kaplan And Kalb
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Proposed Ordinance To Authorize The City Of Oakland To Collect A Tax On Vacant
Properties; And
17-0453
Attachments: View Report
View Report
View Kaplan Report 3/29/18
View Kaplan Report 4/13/18
View Supplemental Report 5-11-218
This Item will be heard at the Finance And Management and Community And
Economic Development Committee
This Ordinance be Scheduled.to go before the *Finance & Management
Committee to be heard 3/13/2018
2) A Resolution, On The City Council's Own Motion, Submitting This Item To The Voters
At The 2018 Election
17-0454
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 3/13/2018
4.3
Subject:
Rezoning Of 4432-4434 And 4444 Telegraph Avenue
From:
Planning And Building Department
Recommendation: Adopt An Ordinance, To Rezone Portions Of Two Parcels Located At
4432-4434, And 4444 Telegraph Avenue From The RM-1 Mixed Housing Type
Residential Zone To The CN-2 Neighborhood Center Zone And To Adopt Related
California Environmental Quality Act (CEQA) Findings
18-0040
Attachments: View Report
87089 CMS
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 1/23/2018
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
4.4
Subject:
Ordinance Re: Betti Ono And Pro Arts Galleries
From:
Economic And Workforce Development
Recommendation: Adopt An Ordinance Authorizing The City Administrator To Negotiate
And Execute Below Market Rent Leases For The Betti Ono And Pro Arts Galleries
Located At 150 Frank H. Ogawa Plaza For The Term Of Five Years In Exchange For
In-Kind Services And Cultural Benefits As Authorized By O.M.C. Section 2.42.110
18-0037
Attachments: View Report
View Supplemental 01-19-2018
13476 CMS
This Ordinance be Scheduled.to go before the *Community & Economic
Development Committee to be heard 1/23/2018
4.5
Subject:
On-Call Plan Check Services
From:
Planning And Building
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Designee,
To Negotiate, Award And Execute Professional Services Agreements For Two-Year
Terms For On-Call Plan Check Services With 4Leaf, Inc., And West Coast Code
Consultants, Inc. In The Amount Of One Million Five Hundred Thousand Dollars
($1,500,000) For Each Agreement; And, To Amend The Term And Amount For Existing
Professional Service Agreements With CSG Consultants, Inc., And TRB + Associates,
Inc. To Add An Additional Two-Years To The Term For Each Firm With An Amount Of
One Million Five Hundred Thousand Dollars ($1,500,000) For Each Agreement
18-0041
Attachments: View Report
87041 CMS
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 1/23/2018
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
4.6
Subject:
Adjustment to FY 2017-18 Appropriations
From:
Planning And Building
Recommendation: Adopt A Resolution Amending Resolution No. 86179 C.M.S. To
Authorize The City Administrator To (A) Transfer Federal Emergency Management
Agency (FEMA) Appropriations From The Housing And Community Development
Department (HCDD) To The Planning And Building Department (PBD); And To (B) Fund
The Addition Of 3.0 FTES To PBD FY 2017-18 Adopted Budget To Support The Two
FEMA Grant-Funded Seismic Retrofit Programs For The City Of Oakland
18-0042
Attachments: View Report
View Supplementa 01-19-2018
87042 CMS
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 1/23/2018
4.7
Subject:
FY 2017-2018 And 2018-2019 Moving To Work Local Housing Assistance
Program
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Enter
Into A Fifteen-Year Agreement With The Oakland Housing Authority (OHA) To Implement
The Moving To Work Local Housing Assistance Program (LHAP), And Accept Funds In
An Amount Not To Exceed $965,400 Each Year For Fiscal Year (FY) 2017-2018 And
2018-2019; And Appropriate Said Funds; 2) Enter Into Grant Agreements With East
Oakland Community Project In An Amount Not To Exceed $318,120 And Bay Area
Community Services In An Amount Not To Exceed $647,280 For The Provision Of
Transitional Housing Services For The LHAP Each Year For FY 2017-18 And
2018-2019; And 3) Accept And Appropriate Additional Funds That Become Available
From OHA In FY 2017-2018 And 2018-2019 And Amend The Grant Agreements To
Adjust The Grant Amounts Without Returning To Council
18-0045
Attachments: View Report
87043 CMS
This City Resolution be Scheduled.to go before the *Life Enrichment Committee
to be heard 1/23/2018
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
4.8
Subject:
Resolution To Clarify The Use Of The Sugar-Sweetened Beverage Tax Funds
From:
Vice Mayor Campbell Washington And Council Member Kaplan
Recommendation: Adopt A Resolution Providing 1) That A New Separate Account Shall
Be Established Within The General Fund To Hold General Tax Revenues Generated By
The Oakland Sugar-Sweetened Beverage Distribution Tax, And 2) Determining That The
City Council Shall Not Appropriate Sugar-Sweetened Beverage Distribution Tax
Revenues Prior To Receiving And Considering The Community Advisory Board's
Recommendations Regarding Appropriation Of The General Fund Revenues, And 3)
Providing That The Tax Revenues Shall Be Held In The Subfund Until Completion Of This
Appropriation Process
18-0038
Attachments: View Report
View Supplemental Report 2-15-18
View Supplemental Report 2-15-18
87062 CMS
There was a title change read into record.
This City Resolution be Scheduled.to go before the *Life Enrichment Committee
to be heard 2/13/2018
4.9
Subject:
Avoid Requiring Increased Off-Street Parking For Change Of Use
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution Requesting The Oakland Planning Commission
To Review The Potential Elimination Of Required Additional Off-Street Parking To
Authorize Changed Uses And To Return To Council With Options For Action, To Reduce
Or Eliminate The Requirement To Add Additional Off-Street Parking When Changing The
Use Off A Pre-Existing Building
17-0458
Attachments: View Report
87059 CMS
Planning and Building staff request that the council office bringing the item
forward explain the need for this change.
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 2/13/2018
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
4.10
Subject:
Remove The 4-Person Limit From The The Planning Code
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution Requesting The Oakland Planning Commission
To Review Removing The 4-Person Limit In Oakland Planning Code Section 17.102.190
- Joint Living And Work Quarters And To Forward Recommendations For Action To The
City Council
17-0459
Attachments:
View Report
87060 CMS
This City Resolution be Scheduled. to go before the *Community & Economic
Development Committee to be heard 2/13/2018
4.11
Subject:
OPD 9-1-1 Call Operations Audit Report
From:
Office Of The City Auditor
Recommendation: Receive A Presentation From The City Auditor Regarding The
Performance Audit Of The City Of Oakland Police Department Communications Division
9-1-1 Call Operations Audit Report
18-0036
Attachments: View Report
This Informational Report be Scheduled.to go before the *Public Safety
Committee
4.12
Subject:
Operational Agreement Between City Of Oakland And Alameda County
From:
Oakland Fire Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Designee,
To Enter Into An Operational Area Agreement With Alameda County To Create An
Intermediate Level Of The State Emergency Services Organization That Will Comply With
The State Of California Standardized Emergency Management System (SEMS) For The
Period From May 10, 2016 Through December 31, 2025
18-0039
Attachments: View Report
87063 CMS
This City Resolution be Scheduled.to go before the *Public Safety Committee
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
4.13
Subject:
FY 2016 Federal Emergency Management Agency, Urban Search And
Rescue
From:
Oakland Fire Department
Recommendation: Adopt A Resolutiom Amending Resolution 86490 No. C.M.S. Which
Authorized The City Administrator, Or Her Designee, Among Other Things, To Enter Into
An Agreement To Accept, Appropriate And Administer FY 2016 Urban Search And
Rescue (US&R) Grant Funds, To Accept, Appropriate And Administer Supplemental
Fiscal Year (FY) 2016 US&R Grant Funds In An Amount Not To Exceed One Hundred
Sixteen Thousand Nine Hundred And Eleven Dollars ($116,911) For A Cumulative FY
2016 US&R Grant Award Allocation In An Amount Not To Exceed One Million Three
Hundred And Eighty-Six Thousand Four Hundred And Ninety-Three Dollars ($1,386,493)
And Appropriate Said Funds To The US&R Task Force
18-0043
Attachments: View Report
This City Resolution be Scheduled.to go before the *Public Safety Committee to
be heard 1/23/2018
4.14
Subject:
Oakland Unite Year 1 Strategy Report
From:
Office Of The City Administrator
Recommendation: Receive An Informational Report Of The First Evaluation By
Mathematica Policy Research Of The Oakland Unite Services Funded Through The
Safety And Services Act Of 2014 (Measure Z)
18-0044
Attachments: View Report
This City Resolution be Scheduled.to go before the *Public Safety Committee to
be heard 1/23/2018
4.15
Subject:
Amending Oakland Municipal Code Chapter 5.81
From:
Councilmember Kaplan
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter
5.81 To Specify The Process For Determination When An Applicant Requests An
Alternate Location
18-0047
Attachments: View Report
View Analysis Report
Staff request that this item replace item 17-0117, previously scheduled to the
January 23, 2018 Public Safety Committee.
This City Resolution be Scheduled.tc go before the *Public Safety Committee to
be heard 1/23/2018
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
4.16
Subject:
Resolution in Support Of SB 824 - Wildfire Safety & Recovery Act
From:
Councilmember Kalb, Vice Mayor Campbell Washington, And President Pro
Tem Guillen
Recommendation: Adopt A Resolution In Support Of Senate Bill 824 (Lara), Which
Would: (1) Clarify That Existing Provisions Of California Law That Prohibit Insurance
Cancellation During Home Reconstruction Are Applicable To Reconstruction In A County
Where A State Of Emergency Has Been Declared; (2) Prohibit Insurance Companies
From Not Renewing An Insurance Policy Following A Disaster Such As A Wildfire; (3)
Require Approval By The Department Of Insurance Before Insurance Companies Can
Reduce The Volume Of Policies In High-Risk Areas; And (4) Require Insurance
Companies To Offer Mitigation Discounts And Continued Coverage For Homeowners
Who Employ Mitigation Techniques
18-0046
Attachments: View Report
View Supplemental Report 2/1/18
87050 CMS
President Pro Tem Guillen request to be a CO sponsor.
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 2/8/2018
ITEMS SUBMITTED UPON THE DAIS
Subject:
Status Report On Sanitary Sewers
From:
Councilmembers Dan Kalb And Vice Mayor Campbel Washington
Recommendation: Receive An Informational Report Summarizing And Attaching 2015,
2016 And 2017 Annual Reports Submitted According To Section 5.3 Of The Asset
Management Implementation Plan And Sanitary Sewer Management Plan; And Detailing
(1) Compliance With Overflow Protocols Including Public And Outside Agency Notice; (2)
Oversight Of Sanitary Sewer Contractor Performance; And (3) Usage Of Fund 3100 As It
Relates To Sewers
18-0048
Attachments: View Report
Vice Mayor Campbell Washington request to be added as a co sponsor.
This Informational Report be Denied.
Subject:
Labor Union Negotiations
From:
Councilmember Noel Gallo
Recommendation: Approve A Request To Have Labor Negotiations Item On The Close
Session Meeting Of January, 16, 2018
18-0049
This Informational Report be Denied.
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
Subject:
Second Follow-up Oakland Fire Department Vegetation Inspection Audit
From:
Office Of The City Auditor
Recommendation: Receive A Presentation From The City Auditor Regarding The
Performance Audit Of The Second Recommendation Follow-up Oakland Fire
Department Vegetation Inspection Audit
18-0160
Attachments: View Report
Staff requested this item be moved from the January 23, 2018 Public Safety
Committee and rescheduled to the February 13, 2018 Public Works and Public
Safety Committees of Feburary 13, 2013
This City Resolution be Scheduled.tc go before the *Public Works Committee to
be heard 2/13/2018
5
A Review Of The Council Committees' Actions From January 9, 2018 And Determination
Of Scheduling To The City Council Meeting Of January 16, 2018
17-0489
Attachments: View Report
This Report and Recommendation be Accepted as Amended.
Subject:
Ordinance To Enact The Tenant Move Out Agreement Ordinance
From:
Office Of The City Attorney, President Pro Tem Guillén And Councilmember
Kalb
Recommendation: Adopt An Ordinance Adding A New Article VI To O.M.C. Chapter 8.22
To (1) Regulate Tenant Move Out Agreements And Negotiations, (2) Create Disclosure
And Reporting Requirements For Such Agreements And Negotiations, And (3) Provide
Remedies For Violations
17-0415
Attachments: View Report
View Supplemental 1-19-2018
View Suplemental 3-16-2018
13483 CMS
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 1/23/2018
6
A Review Of The Draft Agendas For The Council Committee Meetings Of January 23,
2018 And The Rules And Legislation Committee Of January 25, 2018
17-0490
Attachments: View Report
This Report and Recommendation be Accepted as Amended.
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
CHANGES MADE TO THE JANUARY 23, 2018 PUBLIC WORKS COMMITTEE AGENDA
The Public Works Committee has been cancelled
CHANGES MADE TO THE JANUARY 23, 2018 COMMUNITY AND ECONOMIC DEVELOPMENT
COMMITTEE AGENDA
Subject:
Interim Development Controls For Area Surrounding Proposed Location Of A
New Ballpark
From:
President Pro Tem Guillén
Recommendation: Adopt An Ordinance As Recommended By The City Planning
Commission, Amending The Oakland Planning And Subdivision Codes To Include
Special Regulations For Public Notification; Building Demolitions; Building Conversions;
And New Development In The Area Defined By Franklin Street To The West; 14th Street,
Lake Merritt, And Foothill Boulevard To The North; 14th Avenue To The East; And
Interstate 880 To The South; And Make Appropriate California Environmental Quality Act
Determinations
17-0219
Attachments: View Report
This item was requested to be placed on the pending list with no date specific.
This Ordinance be Rescheduled.to go before the *Community & Economic
Development Committee
Subject:
Establishing The Five-Percent (5%) For Mandela And Job Center Program
From:
Councilmembers Brooks, Council President Reid, And At Large Kaplan
Recommendation: Adopt An Ordinance Authorizing The Allocation Of 5% Of The City's
Capital Improvement Projects Costs To The Cypress Mandela Training Program And The
Citywide Job Centers For Training, Job Readiness, And Job Placement Of City
Residents; Establishing A Method For Calculating Cypress Mandela Training Program
And Citywide Job Centers Appropriations Of Capital Projects, Establishing A Cypress
Mandela Training Program And Citywide Job Centers Project Account; Establishing
Method Of Administering Cypress Mandela Training Program And Citywide Job Centers
Program; And Establishing General Guidelines For The Administration Of The Cypress
Mandela Training Program And Citywide Job Centers Program
17-0336
Attachments: View Report
This Ordinance be Rescheduled.to go before the *Community & Economic
Development Committee to be heard 2/13/2018
CHANGES MADE TO THE JANUARY 23, 2018 LIFE ENRICHMENT COMMITTEE AGENDA
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
Subject:
State Of Commercial Sexual Exploitation of Children Annual Report
From:
Vice Mayor Campbell Washington, President Pro - -Tem Guillén And
Councilmember McElhaney
Recommendationi Receive An Informational Report On The Status Of Commercial
Sexual Exploitation Of Children In Oakland From The City Of Oakland CSEC Task Force
17-0323
Attachments: View Report
This Informational Report be Scheduled.to go before the *Life Enrichment
Committee to be heard 2/13/2018
CHANGES MADE TO THE JANUARY 23, 2018 PUBLIC SAFETY COMMITTEE AGENDA
Subject: Clarifying Locations For Delivery And Expanding Cannabis Manufacturing
From:
Councilmember Kaplan
Recommendation: Adopt An Ordinance Amending: 1) Oakland Municipal Code Chapter
5.80 To Clarify Allowed Locations For Delivery Only Medical Cannabis Dispensaries;
And 2) Oakland Municipal Code Chapter 5.81 To Allow Cultivation, Distribution, Testing,
Transportation, And Manufacturing Of Medical Cannabis Within Specified Commercial
Zoning Districts; And Adopting California Environmental Quality Act (CEQA) Exemption
Findings
17-0117
Attachments: View Report
9.21.17 Supplemental
This item will be replaced by 18-0047
Open Forum (Total Time Available: 15 Minutes)
1 Speaker spoke during open forum.
Adjournment
There being no further business, and upon the motion duly made, the Oakland City
Council Rule And Legislation Committee adjourned the meeting at 11:40 a.m.
City of Oakland
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Meeting Minutes - FINAL
January 11, 2018
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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