body,date,text,page,path
RulesAndLegislationCommittee,2019-04-11,"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, April 11, 2019
10:45 AM
City Council Chamber, 3rd Floor
The Rules & Legislation Committee convened at 10:58 A.M. with Councilmember Thao
presiding as Chairperson.
Roll Call / Call To Order
Excused 1 - - Lynette McElhaney
Present 3- - Dan Kalb, Rebecca Kaplan, and Sheng Thao
1
Determinations Of Closed Session
18-1571
Attachments: View Report
There will be a Closed Session heald on April 16, 2019 at 1:30 p.m.
There was 1 speaker on this item
A motion was made by Dan Kalb, seconded by Rebecca Kaplan, that this matter
be Accepted. The motion carried by the following vote:
Excused: 1 - McElhaney
Aye: 3 - - Kalb, Kaplan, and Thao
NO VOTE: 0
2
Approval Of The Draft Minutes From The Committee Meeting Of March 7, 2019
18-1569
Attachments: View Report
A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter
be Accepted. The motion carried by the following vote:
Excused: 1 - - McElhaney
Aye: 3 - - Kalb, Kaplan, and Thao
NO VOTE: 0
City of Oakland
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Meeting Minutes - FINAL
April 11, 2019
3
Determination Of Schedule Of Outstanding Committee Items
18-1570
Attachments: View Report
There were 3 speakers on this item
A motion was made by Dan Kalb, seconded by Rebecca Kaplan, that this matter
be Accepted. The motion carried by the following vote:
Excused: 1 - - McElhaney
Aye: 3 - - Kalb, Kaplan, and Thao
NO VOTE: 0
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas
(SUPPLEMENTAL)
18-1572
Attachments: View Report
Council President Kaplan Motioned to change the April 16, 2019 City Council
Agenda time to 5:00 p.m., to schedule a Special City Council meeting for April 30,
2019 at 4:30 p.m. and Change the Special Joint Meeting scheduled, to 6:00 p.m.
from 5:30 p.m.
There were 5 speakers on this item
This Report and Recommendation be Accepted as Amended.
4.1
Subject:
San Francisco Foundation Grant Funds
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee
To Accept And Appropriate Grant Funds From The San Francisco Foundation In The
Total Amount Of Ten Thousand Dollars ($10,000.00), For The Oakland City Attorney To
Develop Infrastructure And Outreach For City Enforcement Of The Tenant Protection
Ordinance
[NEW TITLE]
18-1596
Attachments: View Report
View Supplemental Report 4/12/2019
87616 CMS
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
4/16/2019
City of Oakland
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Meeting Minutes - FINAL
April 11, 2019
4.2
Subject:
Illegal Procedure Of Action Taken By City Council On April 2, 2019
From:
Member Of The Public: Gene Hazzard
Recommendation: Receive A Report From The City Attorney On The Outcome Of The
Original And Substitute Motions On April 2, 2019 Taken By The City Council: Resolution
To Waive Competitive Bidding Process And Enter Into A Professional Services
Agreement With Michael Palmertree To Provide Behavior Service And Consultation And
Training Service To Oakland Police Department (File ID 18-1445) See Roberts Rules on
Motions; As Soon As Possible On The City Council Agenda
18-1659
This Informational Report be Continued.to go before the *Rules & Legislation
Committee to be heard 4/18/2019
4.3
Subject:
Budget Outlook Message And Calendar.
From:
Finance Department
Recommendation: Receive An Informational Report On The City Administrator's Budget
Outlook Message And Calendar Pursuant To The Consolidated Fiscal Policy (Ordinance
No. 13487 C.M.S.)
18-1660
Attachments: View Report
This Informational Report be Scheduled.to go before the * Concurrent Meeting of
the Oakland Redevelopment Successor Agency and the City Council to be heard
4/16/2019
4.4
Subject:
Funding Restorative Justice And Libraries For Our Youth
From:
Council President Kaplan, Councilmember Bas, Thao And Gallo
Recommendation: Adopt A Resolution Authorizing The Use Of One-Time Revenues In
Excess Real Estate Transfer Tax In The Amount Of $1,200,000 From Fiscal Year
2018-2019 To Restore Library, Restorative Justice Programs, And Foster Youth Case
Managers As A Grant To The Oakland Unified School District (OUSD)
18-1673
Attachments: View Report
87633 CMS
87633 CMS Red Line
A Title Change was read into record and was noted to be a Non-Consent item
Councilmember Gallo requested to be added as co-sponsor
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
4/16/2019
City of Oakland
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April 11, 2019
4.5
Subject:
Inspector General Job Description
From:
Council President Kaplan, Councilmember Bas And Gallo
Recommendation: Adopt A Resolution Requesting That The City Administrator Expedite
The Process To Obtain Civil Service Board Approval Of And Post The Job Description
For The Position Of Inspector General To Support The Police Commission And Bring A
Report To The Council Regarding The Anticipated Time Frame
18-1676
Attachments: View Report
View Supplemental Report - City Attorney
View Supplemenati Report - City Administrator
As A Non-Consent item
This City Resolution be Scheduled.to go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency/City Council to be heard
4/30/2019
4.6
Subject:
Responses To Questions And Costing For The 2019-2021 Budget
From:
Council President Kaplan, Councilmember Bas, Taylor And Thao
Recommendation: Receive An Informational Report Providing The Responses To
Questions And Costing Of Expenditure Requests Submitted By Councilmembers Under
The City's 2019-2021 Biannual Budget Process; On The April 30, 2019 Special City
Council Agenda As A Consent Item
18-1667
This Informational Report be Continued.to go before the *Rules & Legislation
Committee to be heard 4/18/2019
4.7
Subject:
3Y Paving Plan
From:
Transportation Department
Recommendation: Adopt The Following Pieces Of Legislation;
1) A Resolution Establishing A Three Year Prioritization Plan For The City Of Oakland's
Complete Streets Paving Program (2019-2021); And
18-1663
Attachments: View Report
View Supplemental Report 4/19/2019
View Supplemental Report 5/3/2019
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 4/23/2019
City of Oakland
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April 11, 2019
Subject:
3Y Paving Plan
From:
Transportation Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee
To Award All Paving And Concrete Construction Contracts That Follow All City
Advertising And Competitive Bidding Requirements And Are Awarded In Direct Service
Of Delivering The 2019 Three Year Prioritization Plan, Without Return To Council
18-1664
Attachments: View Report
View Supplemental Report 4/19/2019
View Supplemental Report 5/10/2019
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 4/23/2019
4.8
Subject:
Assignment Of Billboard Sublease To Outfront Foster Interstate Oakland LLC
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Authorizing The City Administrator To Issue A
Letter That Consents To An Assignment And Assumption Agreement That Assigns All Of
The Interests Of Foster Interstate Media, Inc., As Subtenant, Under That Certain Billboard
Sublease Agreement Dated October 23, 2012 To Outfront Foster Interstate Oakland LLC
18-1665
Attachments: View Report
This City Resolution be Scheduled.to go before the *Special Community &
Economic Development Committee to be heard 4/23/2019
4.9
Subject:
Emergency Building Standards Amendments
From:
Building And Planning Department
Recommendation: Adopt An Ordinance For Emergency Building Standards
Amendments To The 2016 California Building Code Adding Section 15.04.3.2400 To
The Oakland Municipal Code Chapter 15.04 (2016 Oakland Building Construction Code)
To Incorporate Emergency Building Standards As Recently Adopted By The State Of
California For Emergency Housing Buildings And Facilities, With Local Modifications
18-1666
Attachments: View Report
View Supplemental Report 4/19/2019
View Supplemental Report 5/3/2019
A Title Change was read into record
This item was also scheduled to go before the May 7, 2019 City Council Agenda As
a Public Hearing
This Ordinance be Scheduled.to go before the *Special Community & Economic
Development Committee to be heard 4/23/2019
City of Oakland
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Meeting Minutes - FINAL
April 11, 2019
4.10
Subject:
OFCY 2019-2020 Summer Grant Awards
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate
And Execute Grant Agreements Between The City Of Oakland And Various Non-Profit
And Public Agencies To Provide Direct Services For Children And Youth During Summer
Months In An Amount Not To Exceed $1,525,610 For Fiscal Year 2019-2020, With An
Option To Approve One-Year Grant Renewals In Fiscal Years 2020-2021 And 2021-2022
Pending Council Approval
18-1662
Attachments: View Report
This City Resolution be Scheduled.to go before the *Life Enrichment Committee
to be heard 4/23/2019
4.11
Subject
Encampment Management Policy And Program
From:
Councilmember Bas
Recommendation: Approve A Report And Recommendation From The City Administrator
On The Encampment Management Policy And Program Due To The Homelessness
Crisis Emergency And Multiple Legal Actions Against The City
18-1669
Attachments: View Report - Councilmember Bas
View Report - City Administrator
This Report and Recommendation be Scheduled.to go before the *Life
Enrichment Committee to be heard 5/14/2019
4.12
Subject:
Status Report And Funding Recommendations To Address Homelessness
From:
President Pro Tempore Kalb
Recommendation: Approve A Report And Recommendation Providing A Comprehensive
Status Report On The City's Efforts To Address The Challenges And Needs Of The
Homeless Individuals Residing In Oakland With Options And Recommendations For
Additional Administrative, Legislative And Budgetary Actions, Including, But Not Be
Limited To, Updates On Proposals From April And May 2017 Staff Reports On Solutions
To Homelessness
18-1679
This Report and Recommendation be Scheduled.to go before the *Life
Enrichment Committee to be heard 5/28/2019
City of Oakland
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Meeting Minutes - FINAL
April 11, 2019
4.13
Subject:
Grant Agreement to Center for Employment Opportunities
From:
Human Services Department
Recommendation: Adopt A Resolution To Authorize The City Administrator To: 1) Enter
Into A Three-Year Agreement With California Department Of Corrections And
Rehabilitation (CDCR) And Accept And Appropriate Up To $3,658,384 Annually To
Implement Golden State Works Transitional Employment And Job Placement Services
For Oakland Residents On Parole; And Enter Into A Renewal Agreement And Accept
And Appropriate Up To $3,900,000 For A Fourth Year Of Funding; And 2) Enter Into A
Three-Year Grant Agreement With Center For Employment Opportunities (CEO), In An
Annual Amount Not To Exceed $3,488,384 To Provide Job Placement Services, And
Pending Available Funding From CDCR Amend The Grant Agreement For A Fourth Year
Of Funding In An Amount Not To Exceed $3,380,000; And 3) Accept And Appropriate
Any Additional Funds That Become Available From CDCR Within The Agreement Terms
Of July 1,2019 Through June 30,2023, And Amend The Grant Agreement With CEO To
Increase The Grant Amount; And 4) Enter Into A Data Sharing Agreement With CDCR To
Implement The Automated Reentry Management System
18-1661
Attachments: View Report
View Supplemental Report 5/3/2019
This City Resolution be Scheduled.to go before the *Public Safety Committee to
be heard 4/23/2019
4.14
Subject:
Community Engagement For Cannabis Dispensary Permitting Process
From:
Councilmember Bas
Recommendation: Approve A Report And Recommendation On Defining And Improving
The City Of Oakland's Community Engagement Procedures For The Cannabis
Dispensary Permitting Process; On The April 23, 2019 Public Safety Committee Agenda
18-1672
This Report and Recommendation be Scheduled.to go before the *Public Safety
Committee to be heard 6/11/2019
4.15
Subject:
Human Trafficking Report
From:
Councilmember Gallo
Recommendation: Receive An Informational Report On The Status Of Human Trafficking
From The Oakland Police Department
18-1670
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 6/11/2019
City of Oakland
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Meeting Minutes - FINAL
April 11, 2019
4.16
Subject:
Sideshow Activity In Oakland
From:
Councilmember Gallo
Recommendation: Receive An Informational Report On Rules And Procedures For
Dealing With Illegal Sideshows And Efforts To Control Sideshow Activity In Oakland From
The Oakland Police Department: On The May 28, 2019 Public Safety Committee Agenda
18-1671
This City Resolution be Scheduled.to go before the *Public Safety Committee to
be heard 5/28/2019
4.17
Subject:
Resolution In Support Of SB 54
From:
President Pro Tem Dan Kalb
Recommendation: Adopt A Resolution In Support Of Senate Bill 54 (Allen/Skinner) That
Would Require The Department Of Resources Recycling And Recovery To Adopt
Regulations To Source Reduce And Recycle At Least 75% Of Single-Use Packaging
And Products Sold Or Distributed In California By 2030 And Require Manufacturers Of
Single-Use Plastics To Demonstrate Certain Recycling Rates By 2022 And 2026
18-1678
Attachments: View Report
View Supplemental Report 4-19-2019
A Title change was read into record
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 4/25/2019
4.18
Subject:
Resolution In Support Of AB 1763 - Enhanced Affordable Housing Density
From:
President Pro Tem Dan Kalb
Recommendation: Adopt A Resolution In Support Of Assembly Bill 1763 (Chiu) That
Would Require A City Or County To Provide 100% Affordable Housing Development
Projects With Various Density Bonus Law Benefits As Well As Height Increases, If Near
A Major Transit Stop Or High-Quality Transit Corridor
18-1677
Attachments: View Report
View Supplemental Report 4/26/2019
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 5/2/2019
City of Oakland
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April 11, 2019
4.19
Subject:
Resolution In Support Of AB 1279 - High-Resource Area Housing Production
From:
President Pro Tempore Kalb
Recommendation: Adopt A Resolution In Support Of Assembly Bill 1279 (Bloom) That
Would Require Development Sites In High Resource Areas To Allow More Density And
Height And To Be Subject To ""Use By-Right"" Approval With Various Protections Against
Displacement
18-1675
Attachments: View Report
View Supplemental Report 4/26/2019
This City Resolution be Scheduled. to go before the *Rules & Legislation
Committee to be heard 5/2/2019
4.20
Subject:
Resolution In Support Of AB 36 - Costa Hawkins Reform
From:
President Pro Tempore Kalb & Councilmember Bas
Recommendation: Adopt A Resolution In Support Of Assembly Bill 36 (Bloom) That
Would Allow Local Jurisdictions To Apply Rent Stabilization To (1) Rental Units That Are
More Than Ten Years Old And (2) Single-Family Rentals And Condominiums If The
Owner Owns At Least Three Housing Units Within The Jurisdiction Or Is Not A Natural
Person
18-1674
Attachments: View Report
View Supplemental Report 4/26/2019
This City Resolution be Scheduled.tc go before the *Rules & Legislation
Committee to be heard 5/2/2019
4.21
Subject:
A Resolution In Support Of Kaiser Mental Health Patients And Clinicians
From:
Council President Kaplan, President Pro Tem Kalb And Councilmember Bas
Recommendation: Adopt A Resolution Of The Oakland City Council In Support Of Full
Parity For Mental Health Patients And Clinicians At Kaiser Permanente
18-1668
Attachments:
View Report
President Pro Tempore Kalb And Councilmember Bas requested to be added as
co-sponsors
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 4/25/2019
City of Oakland
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April 11, 2019
5
A Review Of The Council Committees' Actions From Them Specail Meeting Of April 1,
2019 And The Meetings Of April 9, 2019 And Determination Of Scheduling To The City
Council Meeting Of April 16, 2019
18-1573
Attachments: View Report - April 1, 2019 Matrix
View Report - April 9, 2019 Matrix
There was 3 speakers on this item
A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter
be Accepted. The motion carried by the following vote:
Excused: 1 - McElhaney
Aye: 3 - Kalb, Kaplan, and Thao
NO VOTE: 0
6
A Review Of The Draft Agenda For The Council Committee Meetings Of April 23, 2019
And The Rules And Legislation Committee Of April 25, 2019
18-1574
Attachments: View Report
There were 4 speakers on this item
A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter
be Accepted. The motion carried by the following vote:
Excused: 1 - - McElhaney
Aye: 3 - - Kalb, Kaplan, and Thao
NO VOTE: 0
CHANGES MADE TO THE DRAFT AGENDAS FOR COMMITTEE MEETINGS OF APRIL 23, 2019
AND RULES AND LEGISLATION OF APRIL 25, 2019
CHANGES MADE TO THE DRAFT FINANCE AND MANAGEMENT COMMITTEE AGENDA FOR
APRIL 23, 2019
City of Oakland
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April 11, 2019
Subject:
Ordinance Amending Cannabis Business Tax Rates
From:
Pro Tempore Kalb And Council President Kaplan
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Title 5,
Chapter 5.04, Section 5.04.480 And Section 5.04.481, To Create A Tiered And
Category Based Tax Structure For Cannabis Businesses, Merge Medical And
Non-Medical Cannabis Business Classifications, And Reduce Tax Rates For Cannabis
Businesses
18-1321
Attachments: View Report
View City Administrator Report
View Supplemental Report 5/3/2019
View Supplemental Finance Report 5/3/2019
View Supplemental Finance Report 5/10/2019
This Ordinance be Rescheduled.to go before the *Finance & Management
Committee to be heard 5/14/2019
CHANGES MADE TO THE DRAFT PUBLIC WORKS COMMITTEE AGENDA FOR APRIL 23, 2019
Subject:
Team Oakland Youth Employment Contract
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her
Designee To Enter Into A Two-Year Agreement With Youth Employment Partnership
(YEP) To Implement The Team Oakland Program, In An Amount Not To Exceed Seven
Hundred Fifty Thousand Dollars ($750,000.00), With An Option To Extend The Contract
For Two Additional Years, Through June 30,2023 In An Amount Not To Exceed Seven
Hundred Fifty Thousand Dollars ($750,000.00), Based On Satisfactory Contractor
Performance
18-1622
Attachments: View Report
View Supplemental Report 4/19/2019
View Supplemental Report 5/3/2019
A Title Change was read into record
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 4/23/2019
CHANGES MADE TO THE DRAFT COMMUNITY AND ECONOMIC DEVELOPMENT
COMMITTEE AGENDA FOR APRIL 23, 2019
A Motion was made to change the time of Community And Economic Developmet
Committee to 2:00 p.m.
This be Accepted.
City of Oakland
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April 11, 2019
Subject:
2100 Telegraph Avenue ENA
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Authorizing A Fourth Amendment To The
Exclusive Negotiation Agreement (""ENA"") With W/L Telegraph Owner, LLC, Or An
Affiliate, For Development Of A Mixed-Use Project On City-Owned Property Located At
2100 Telegraph Avenue (Assessor's Parcel Number: 008-0648-016-03), Contingent
Upon Payment Of A $25,000 Extension Fee, To Extend The Term By Up To Six Months
From April 21, 2019 To October 21, 2019 To Complete Disposition And Development
Agreement Negotiations, Relying On A CEQA Exemption Pursuant To Sections 15262,
15306 And Section 15061(B)(3) Of The CEQA Guidelines
18-1597
Attachments: View Report
View Supplemental Report 4/11/2019
87634 CMS
A Title Change was read into record
As a Non-Consent Item
This City Resolution be Scheduled.to go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency/City Council to be heard
4/16/2019
Open Forum (Total Time Available: 15 Minutes)
4 speakers spoke during Open Forum.
Adjournment
There being no further business, and upon the motion duly made, the Rules &
Legislation Committee adjourned the meeting at 12:21 p.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 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
City of Oakland
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April 11, 2019
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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