body,date,text,page,path RulesAndLegislationCommittee,2004-03-11,"Office of the City Clerk City of Oakland Oakland City Hall 1 Frank H. Ogawa Plaza Online Meeting Minutes - Final Oakland, California 94612 Ceda Floyd, City Clerk *Rules & Legislation Committee Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com 10:30 AM City Council Chambers 3rd Floor Thursday, March 11, 2004 The Oakland City Council Rules and Legislation Committee convened at 10:52 a.m. with President De La Fuente presiding as Chairperson. Roll Call / Call to Order Member Chang, Member Reid, Member Wan and Chair De La Fuente Present: 1 Closed Session A motion was made by Member Chang, seconded by Member Reid, to *Approve as Submitted. The motion carried by the following vote: Aye; 4- Member Chang, Member Reid, Member Wan and Chair De La Fuente Attachments: Item 3-11-04 The March 4, 2004 Rules and Legislation Committee was cancelled due to a lack of quorum. No action was necessary for this item. 3 Determination of Schedule of Outstanding Committee Items A motion was made by Member Chang, seconded by Member Reid, to *Approve with the following amendments. The motion carried by the following vote: Aye; 4- Member Chang, Member Reid, Member Wan and Chair De La Fuente FROM FOR TRACKING PURPOSES: Subject: City Council's Legislative Analyst Activities From: City Council Legislative Analyst Office Recommendation: Receive an Informational status report on the activities of the City Council's Legislative Analyst Office Attachments: Item 9 3-25-04. pdf Scheduled to the *Rules & Legislation Committee 4 Scheduling of Agenda Items and revisions to the agenda for the ORA/City Council meeting of March 16, 2004 The following individuals spoke and did not indicate a position on this item: Sanjiv Handa A motion was made by Member Chang, seconded by Member Wan, to *Approve with the following amendments. The motion carried by the following vote:",1,RulesAndLegislationCommittee/2004-03-11.pdf RulesAndLegislationCommittee,2004-03-11,"Aye; 4- Member Chang, Member Reid, Member Wan and Chair De La Fuente Subject: Federal Local Law Enforcement Block Grant From: Oakland Police Department 4.1 Recommendation: Adopt a Resolution amending Resolution No. 78106 C.M.S. authorizing the acceptance and appropriation of eight hundred seventy-nine thousand, one hundred seventy-seven dollars ($879,177) in Federal Local Law Enforcement Block Grant (LLEBG) Funds to the Police Department and ninety- seven thousand, six hundred eighty-six dollars ($97,686) in matching funds from State Citizen's Options for Public Safety (COPS) funds to supplement front line policing efforts by providing additional support personnel and community outreach 0277.pdf, Attachments: 03-0277.pdf, 10.28CC.pdf, Item 5 3-23-04.pdf, Item 8 12-9-03.pdf Scheduled to the *Public Safety Committee Subject: Motorized Scooters 4.2 From: Oakland Police Department Recommendation: Adopt a Resolution in support of Assembly Bill 1878 (Chan) to amend the California Vehicle Code to provide additional traffic enforcement strategies to address problems associated with motorized scooters Attachments: 04-0193.pdf, 10.12CC.pdf Scheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council Subject: Citizen's Option For Public Safety From: Oakland Police Department 4.3 Recommendation: Adopt a Resolution implementing California Government Code Sections 30061-30065 establishing in each County Treasury a Supplemental Law Enforcement Services Fund to distribute ""Citizen's Option for Public Safety"" funds to local Jurisdictions, and appropriating six hundred fourteen thousand twenty-seven dollars ($614,027) in eighth year funding for the ""Citizen's Option For Public Safety"" (COPS) Grant to the Police Department and approving the Fiscal Year 2003-2005 Spending Plan submitted by the Chief of Police 04-0206.pdf Attachments: Item 14.4 4-6-04.pdf, Item 6 3-23-04.pdf, Item 6 SUPP 3-23-04.pd Scheduled to the *Public Safety Committee Subject: Donald Jones Settlement Agreement From: Office of the City Attorney 4.4 Recommendation: Adopt a Resolution authorizing and directing the City Attorney to compromise and settle the case of Donald Jones v. City of Oakland, et al., United States District Court Case No. C03-3303 WHA, our file number 23206, in the amount of $8,000.00. This case involves claims of violations of civil rights against Oakland Police Officers (Oakland Police Department-Police Conduct) Attachments: 04-0185 Withdrawn.pdf 10.4CC.pdf, 10.4CC.pdf *Withdrawn with No New Date Subject: Assembly Bill 2318 California Public Records Act 4.5 From: Office of the City Auditor Recommendation: Adopt a Resolution in support of Assembly Bill 2318, a proposal to amend the Government Code for the purpose of allowing the City Auditor to exempt from disclosure of certain information otherwise made available to the public under the California Public Records Act Attachments: 04-0215.pdf, Item 7 4-1-04.pdf Scheduled to the *Rules & Legislation Committee",2,RulesAndLegislationCommittee/2004-03-11.pdf RulesAndLegislationCommittee,2004-03-11,"Subject: Sandre R. Swanson 4.6 From: President De La Fuente and Councilmember Brunner Recommendation: Adopt a Resolution declaring Sandre R. Swanson Day in Oakland and commending him for 30 years of public service Attachments: 04-0220.pdf, 8.1.pdf The Committee moved, seconded and carried a motion to approve the following urgency finding pursuant to the Sunshine Ordinance Section 2.20.070 E(2) regarding scheduling of this Item: (A) that the action is purely commendatory; and (B) that the need for such action came to the attention of the body after the posting of the 10-day agenda. Scheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council Subsequent to the March 11, 2004 Rules and Legislation Committee meeting, and in accordance with the City Council Rules and Procedures, Rule 28, Item 4.6 was withdrawn with no new date. Subject: Voter Approval on Local Tax Funds 4.7 From: Vice Mayor Chang Recommendation: Adopt a Resolution expressing the City of Oakland's support for a statewide ballot intiative to require voter approval before state government may take local tax funds Attachments: 04-0221.pdf, Item 6 4-1-04.pdf Scheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council Subject: Career to Work Program 4.8 From: Department of Human Services Recommendation: Adopt a Resolution authorizing an agreement with the Oakland Unified School District (OUSD) Academies, Career to Work Program for an amount not to exceed $600,000 for Fiscal Year 2003-2005; on the April 27, 2004 Life Enrichment Committee agenda Attachments: 04-0200.pdf Scheduled to the *Life Enrichment Committee Subject: City's Head Start Advisory Panel 4.9 From: Department of Human Services Recommendation: Adopt a Resolution confirming appointment of new panel members to the City's Head Start Advisory Panel; on the May 11, 2004 Life Enrichment Committee agenda Attachments: 04-0195.pdf Scheduled to the *Life Enrichment Committee Subject: Child Development Services Grants From: Department of Human Services 4.10 Recommendation: Adopt a Resolution authorizing the City Manager, on behalf of the City of Oakland, to apply for, accept, and appropriate Head Start Basic, Training/Technical Assistance, Quality Improvement, Expansion, COLA, and Early Head Start Grants for Program Year 2004-2005 from the U.S. Department of Health and Human Services, Administration for Children and Families (DHHS/ACF) in the estimated amount of $14,319,755, and authorizing the City to contract with the Unity Council for $3,860,071 to provide child development services under said grants; on the May 11, 2004 Life Enrichment Committee agenda Attachments: 04-0196.pdf Scheduled to the *Life Enrichment Committee Subject: 2004 Mayor's Summer Jobs Program 4.11 From: Community and Economic Development Agency Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract not to exceed $40,000 with the Oakland Private Industry Council, Inc. to coordinate the 2004 Mayor's Summer Jobs Program; on the April 27, 2004 Community and Economic Development Committee agenda",3,RulesAndLegislationCommittee/2004-03-11.pdf RulesAndLegislationCommittee,2004-03-11,"Attachments: 04-0198.pdt Scheduled to the *Community & Economic Development Committee Subject: Oak Center Redevelopment Project Area Public Hearing From: Community and Economic and Development Agency 4.12 Recommendation: Conduct a Public Hearing and upon conclusion adopt the following legislation: 1) An Agency Resolution authorizing capital improvement spending for the Oak Center Redevelopment Project Area, in an amount not to exceed $600,000, including a contract to improve the Oak Center Cultural Center, for $50,000, and authorizing the Agency Administrator to enter into contracts for the work without returning to the Agency; and Attachments: 03-0150-2.pdf, Item 14.3 4-6-04.pdf Item 53-23-04.pdf and on the April 6, 2004 City Council agenda as a Public Hearing Scheduled to the *Community & Economic Development Committee 2) Adopt a Resolution consenting to the use of Redevelopment Agency funds for public improvements to City facilities in the Oak Center Redevelopment Project Area (Councilmember Nadel, District 3) Attachments: Item 14.3 4-6-04.pdt Item 5 3-23-04.pdf and on the April 6, 2004 City Council agenda as a Public Hearing Scheduled to the *Community & Economic Development Committee Subject: Advanced Resources in Construction Services Ltd. 4.13 From: Community and Economic Development Agency Recommendation: Adopt a Resolution authorizing additional funds in an amount not to exceed $79,840 to Advanced Resources in Construction Services Ltd. and Don Todd Associates to provide construction monitoring services for affordable housing projects; on the April 27, 2004 Community and Economic Development Committee agenda Attachments: 04-0216.pdt Scheduled to the *Community & Economic Development Committee Subject: Controls For Signs In Specified Commercial and Industrial Zones From: Community and Economic Development Agency 4.14 Recommendation: Adopt an Ordinance to adopt new controls for signs within all commercial, industrial, S-1, S-2, S-3, S-8, and S-15 zones. (S-1, ""Medical Center Zone Regulations""; S-2, ""Civic Center Zone Regulations""; S-3' Research Center Zone Reuglations""; S-8, ""Urban Street Combining Zone Regulations""; and S-15, ""Transit Oriented Development Zone Regulations); on the April 27, 2004 Community and Economic Development Committee agenda Attachments: 04-0222.pd Scheduled to the *Community & Economic Development Committee Subject: Oakland Army Base Public Trust Exchange Act From: Community and Economic Development Agency 4.15 Recommendation: Adopt the following legislation in support of Senate Bill 1435: 1) Adopt a Resolution supporting State legislation regarding a Public Trust Land Exchange at the former Oakland Army Base and authorizing the City Administrator to negotiate and enter into an exchange agreement with the State Lands Commission and to take all other necessary actions to effectuate the exchange; and Attachments: 04-0199.pdf, 10.29CC.pdf, Item 7 3-25-04.pdf Scheduled to the *Rules & Legislation Committee",4,RulesAndLegislationCommittee/2004-03-11.pdf RulesAndLegislationCommittee,2004-03-11,"2) Adopt an Agency Resolution supporting State legislation regarding a Public Trust Land Exchange at the former Oakland Army Base and authorizing the Agency Administrator to negotiate and enter into an exchange agreement with the State Lands Commission and to take all other necessary actions to effectuate the exchange Attachments: 10.29CC.pdf, Item 7 3-25-04.pdf Scheduled to the *Rules & Legislation Committee Subject: State Enterprise Zone Program 4.16 From: Community and Economic Development Agency Recommendation: Adopt a Resolution authorizing the City Manager to enter into an audit agreement with the State of California Business, Transportation and Housing Agency regarding the City of Oakland's State Enterprise Zone Program; on the April 27, 2004 Community and Economic Development Committee agenda Attachments: 04-0205 resched.pdf, 04-0205.pdf Scheduled to the *Community & Economic Development Committee Subject: Traffic Islands Project From: Public Works Agency 4.17 Recommendation: Adopt a Resolution authorizing award of a construction contract to A. J. W. Construction Company for the Traffic Islands Project ( Project No. C158910) in the amount of two hundred eighteen thousand five hundred fifty-four dollars and fifty cents ($218,554.50) (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) Attachments: 04-0212.pdf, 10.16CC.pdf, Item 5 3-23-04.pd Scheduled to the *Public Works Committee Subject: High Street Access Improvements Project Phase II From: Public Works Agency 4.18 Recommendation: Adopt a Resolution authorizing the City Administrator to enter into a professional services agreement with TY Lin International/CCS for design services for the 42nd Avenue and High Street Access Improvements Project Phase II (City Project Number C98510) for an amount not to exceed one million thirty-seven thousand nine hundred eighty-three dollars ($1,037,983 ) Attachments: 04-0217.pdf, 10.15CC.pdf, Item 4 3-23-04.pdf Scheduled to the *Public Works Committee Subject: Traffic Signal Projects From: Public Works Agency 4.19 Recommendation: Adopt a Resolution authorizing the City Administrator to award a construction contract to W. Bradley Electric for the traffic signal projects at the intersections of International Boulevard at 25th Avenue, Broadway at Broadway Terrace, and Broadway at College Avenue (City Project No. C159310 & C160210) in the amount of three hundred sixty-two thousand seven hundred fifty-three dollars and ninety-five cents ($362,753.95)( PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) Attachments: 04-0218.pdf, Item 22 4-6-04.pdf, Item 63-23-04.pdf Scheduled to the *Public Works Committee Subject: Lake Merritt Master Plan Wallace Roberts & Todd, Inc. From: Public Works Agency 4.20 Recommendation: Adopt a Resolution authorizing Amendment No. 2 to the professional services agreement with Wallace Roberts & Todd, Inc., to provide design services for the Lake Merritt Master Plan project for an amount not to exceed one million two hundred fifty thousand dollars ($1,250,000), bringing the total contract amount to one million seven hundred fifty four thousand eight hundred eighty-five dollars ($1,754,885)",5,RulesAndLegislationCommittee/2004-03-11.pdf RulesAndLegislationCommittee,2004-03-11,"Attachments: 04-0208.pd 10.26CC.pdf, Item 53-23-04.pdf Scheduled to the *Life Enrichment Committee Subject: Resurfacing of Certain Streets From: Public Works Agency 4.21 Recommendation: Adopt a Resolution authorizing award of a construction contract to Gallagher and Burk, Inc. according to the specifications for resurfacing of certain streets in the City of Oakland for Fiscal Year 2003-2004 ( Project Number C234930) in the amount of $3,992,388.50 (PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE) Attachments: 04-0213.pdf, Item 7 3-23-04.pdt Scheduled to the *Public Works Committee Subject: Lease and Revenue Bonds Interest Rate Swaps From: Finance and Management Agency 4.22 Recommendation: Adopt the following legislation regarding the execution of interest rate swaps: 1) Adopt an Ordinance authorizing the City to enter into a lease and sublease with the Oakland Joint Powers Financing Authority in connection with the issuance by the Oakland Joint Powers Financing Authority of certain Lease Revenue Bonds, and authorizing the taking of all necessary actions relating to such financing; and the publication of the Notice and Digest and certain other related matters; and Attachments: 04-0214.pdf, Item 14.2 4-6-04.pdf, Item 5 3-23-04.pdf Scheduled to the *Finance & Management Committee 2) Adopt a Joint Powers Financing Authority Resolution authorizing the issuance and sale of the Lease Revenue Bonds (Oakland Administration Building) Series 2004, in two series, in an aggregate principal amount not to exceed one hundred thirty-five million dollars ($135,000,000); authorizing the execution and delivery of a trust agreement, lease, sublease, escrow agreement, bond purchase agreements, approving the form of and authorizing the distribution of a preliminary official statement and authorizing execution and delivery of an official statement; approving the retention of bond counsel and other agents; authorizing payment of costs of issuance; and Attachments: Item 14.2 4-6-04.pdf, Item 53-23-04.pd Scheduled to the *Finance & Management Committee 3) Adopt a Resolution approving the issuance by the Oakland Joint Powers Financing Authority of Lease Revenue Bonds, in one or more series, of not to exceed one hundred thirty-five million dollars ($135,000,000) aggregate principal amount; approving the form of and authorizing the execution and delivery of bond purchase agreements; authorizing the City Administrator to secure one or more swaps for a synthetic fixed rate transaction; and authorizing execution of documents and the taking of all necessary actions relating to the bonds and the swap and authorizing necessary actions relating to the lease financing with the Oakland Joint Powers Financing Authority Attachments: Item 14.2 4-6-04.pdf Item 5 3-23-04.pdf Scheduled to the *Finance & Management Committee Subject: Sulphur Springs Park Re-Naming 4.23 From: Office of Parks and Recreation Recommendation: Adopt a Resolution authorizing the re-naming of Sulphur Springs Park to Marjorie Saunders Park Attachments: 04-0204.pdf, 10.30CC.pdf, Item 8 3-25-04.p Scheduled to the *Rules & Legislation Committee",6,RulesAndLegislationCommittee/2004-03-11.pdf RulesAndLegislationCommittee,2004-03-11,"(A) that the action is purely commendatory; and (B) that the need for such action came to the attention of the body after the posting of the 10-day agenda. REVISIONS TO THE MARCH 16, 2004 CITY COUNCIL AGENDA: Subject: Alameda County Continuum of Care Plan 10.12 From: Department of Human Services CC Recommendation: Adopt a Resolution authorizing the redirecting of $18,000 of unexpended Homeless Program funds from Fiscal Year 2002-2003 Community Promotions Program for service organizations to the Alameda County-wide Continuum of Care Plan Activities and authorizing a Memorandum of Understanding with the Alameda County Housing and Community Development for the amount of $18,000 Attachments: 04-0153.pdf, 10.12CC.pdf *Withdrawn with No New Date Subject: December 29, 2003 Storm Event 10.15 From: Public Works Agency CC Recommendation: Receive an Informational Report on the flooding and other storm-related impacts of the December 29, 2003 storm in Oakland and City response to flooding and other storm-related problems (TITLE CHANGE)",7,RulesAndLegislationCommittee/2004-03-11.pdf RulesAndLegislationCommittee,2004-03-11,"Attachments: 04-0109.pdf, 10.15CC.pdf, Item 7 2-24-04.pdf The City Clerk read the new title for this item into the record. Agency/Councilmember Reid took a point of personal privilege and acknowledged the Small Business Economic Development Summit scheduled for March 18, 2004 from 9: 00 a.m. to 4:00 p.m. Councilmember Reid was noted excused at 11:14 am. 5 A review of the Council Committees' actions from March 9, 2004 and determination of scheduling to the ORA/City Council meeting of March 16, 2004 or future dates Please refer to Attachment A for the scheduling assignment of those items discussed at the Council Committee meetings of March 9, 2004. The following individual spoke on this item and did not indicate a position: - Sanjiv Handa A motion was made by Member Chang, seconded by Member Wan, to *Approve with the following amendments. The motion carried by the following vote: Member Reid Excused; 1 - Member Chang, Member Wan and Chair De La Fuente Aye; Attachments: Attachment A 3-11-04.pdf 6 A review of the Agendas for the Council Committees for the meetings of March 23, 2004 The following individuals spoke and did not indicate a position on this item: Sanjiv Handa A motion was made by Member Chang, seconded by Member Wan, to Approve as Amended. The motion carried by the following vote: Member Reid Excused; 1 - Member Chang, Member Wan and Chair De La Fuente Aye; Attachments: Item 6 3-11-04.pdf REVISIONS TO THE MARCH 23, 2004 FINANCE AND MANAGEMENT COMMITTEE AGENDA: Subject: 2002-2003 Comprehensive Annual Financial Report From: Finance and Management Agency Recommendation: Receive the Fiscal Year 2002-2003 Comprehensive Annual Financial Informational Report and Oakland Redevelopment Agency Financials Attachments: 04-0155.pdt *Withdrawn and Rescheduled to the *Finance & Management Committee Subject: Civil Marriage for Same-Sex Couples 7 From: Councilmembers Wan, Quan, and Nadel Recommendation: Adopt a Resolution urging the Board of Supervisors of Alameda County and County Auditor-Controller/Clerk-Recorder Patrick ''Connell to adopt a policy in support of civil marriage for same-sex couples and to begin issuing marriage licenses to same-sex couples (TITLE CHANGE) 04-0177.pdf, Attachments: Item 7 3-11-04.pdf, Item 7 SUP 3-11-04, Item S-22 3-16-04.pc",8,RulesAndLegislationCommittee/2004-03-11.pdf RulesAndLegislationCommittee,2004-03-11,"The following individual spoke in favor of this item: - Geoff Scowosoft The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa A motion was made by Member Wan, seconded by Member Chang, that this matter be *Approve the Recommendation of Staff, and Forward to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council, due back on March 16, 2004. As a Non-Consent Item The motion carried by the following vote: Member Reid Excused; Member Chang, Member Wan and Chair De La Fuente Aye; 3- OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES) The following individuals spoke and did not indicate a position on this item: - Sanjiv Handa Adjournment There being no further business, and upon the motion duly made, the Oakland City Council Rules and Legislation Committee adjourned the meeting at 11:44 a.m. 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. 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 NOTE: 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 Phone: (510) 238-7370 Fax: (510) 238-6699 Recorded Agenda (510) 238-2386 Telecommunications Display Device: (510) 839-6451",9,RulesAndLegislationCommittee/2004-03-11.pdf