body,date,text,page,path RulesAndLegislationCommittee,2008-02-07,"DRAFT City of Oakland Office of the City Clerk Oakland City Hall 1 Frank H. Ogawa Plaza 1852 2002 Meeting Minutes Oakland, California 94612 OAKLAND LaTonda Simmons, City Clerk Grawing fit are 150 *Rules & Legislation Committee Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 City of Oakland Website: http://www.oaklandnet.com Thursday, February 07, 2008 10:30 AM City Council Chambers - 3rd Floor Roll Call / Call to Order Present: Vice Mayor Chang, Member Reid, Member Brunner and Chair De La Fuente The Oakland City Council Rules and Legislation Committee convened at 10:59 AM, with Council President De La Fuente presiding as Chairperson. 1 Closed Session A motion was made by Vice Mayor Chang, seconded by Member Reid, to * Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La Fuente The office of the City Attorney scheduled a Closed Session for Tuesday, February 19, 2008 from 12:30 to 3 PM 2 Approval of the Draft Minutes from the Committee meeting of January 24, 2008 A motion was made by Member Reid, seconded by Vice Mayor Chang, to * Approve the Minutes. The motion carried by the following vote: Votes: Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La Fuente 3 Determination of Schedule of Outstanding Committee Items A motion was made by Member Reid, seconded by Vice Mayor Chang, to *Approve as Submitted. The motion carried by the following vote: Votes: Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La Fuente 02-07 Rules Item 3 View Item.pdf City of Oakland Page 1 Printed on 2/15/08",1,RulesAndLegislationCommittee/2008-02-07.pdf RulesAndLegislationCommittee,2008-02-07,"DRAFT *Rules & Legislation Committee Meeting Minutes February 7, 2008 4 Scheduling of Agenda Items and revisions to the agenda(s) for the Council Committee meetings of February 12, 2008 - Cancellation Notices (SUPPLEMENTAL) A motion was made by Vice Mayor Chang, seconded by Member Brunner, to *Approve with the following amendments. The motion carried by the following vote: Votes: Excused; 1 - Member Reid Aye; 3 - Vice Mayor Chang, Member Brunner and Chair De La Fuente S-4-1 Subject: Commissions On Persons With Disabilities Report From: Office of the City Adminstrator Recommendation: Receive The Mayor's Commission On Persons With Disabilities Annual Report For Calendar Year 2007; On The March 11, 2008 Life Enrichment Committee Agenda 07-1022 Scheduled to *Life Enrichment Committee on 3/11/2008 S-4-2 Subject: League Of California Cities - Amicus Brief From: Office of the City Attorney Recommendation: Adopt A Resolution Authorizing The City Of Oakland To File An Amicus (Friend Of The Court) Brief On Behalf Of The League Of California Cities Regarding Importance Of Laws Prohibiting Class Actions To Seek Refunds Of Certain Taxes And Fees 07-1016 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 2/19/2008 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf S-4-3 Subject: Renaming A Portion Of Rusdale Street To Dr. Herbert Guice Street From: Councilmember Larry Reid Recommendation: A Request To Withdraw From The February 26, 2008 Public Works Committee Agenda Adopt A Resolution Commemorating Reverend Dr. Herbert Guice And Renaming Rudsdale Street Between 69th Avenue And 73rd Avenue In His Hornor; And Reschedule To The March 11, 2008 Public Works Committee Agenda Reason: To allow more time for complete Committee consideration of City street re-naming policies 07-0823 Scheduled to *Public Works Committee on 3/11/2008 City of Oakland Page 2 Printed on 2/15/08",2,RulesAndLegislationCommittee/2008-02-07.pdf RulesAndLegislationCommittee,2008-02-07,"DRAFT *Rules & Legislation Committee Meeting Minutes February 7, 2008 S-4-4 Subject: Renaming A Portion Of Coliseum Way To Joe Morgan Way From: Councilmembers Larry Reid And Ignacio De La Fuente Recommendation: A Request To Withdraw From The February 26, 2008 Public Works Committee Agenda Adopt A Resolution Commemorating Joe Morgan And Renaming South Coliseum Way Between 66th Avenue And Hegenberger Road In His Honor; And Reschedule To The March 11, 2008 Public Works Committee Agenda Reason: To allow more time for complete Committee consideration of City street re-naming policies 07-0856 Scheduled to *Public Works Committee on 3/11/2008 S-4-5 Subject: Protection & Advocacy, Inc. - Recognition From: Councilmember Patricia Kernighan Recommendation: Adopt A Resolution Commending Protection & Advocacy, Inc. On Its 30th Anniversary Of Providing Services To People With Disabilities And On The Organization's Change Of Name To Disability Rights California; On The March 4, 2008 City Council Agenda 07-1015 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 3/4/2008 S-4-6 Subject: Travel Authorization - Councilmember Quan From: Councilmember Jean Quan Recommendation: Adopt A Resolution Authorizing Councilmember Jean Quan To Travel To Washington D.C. To Attend The National League Of Cities Congressional City Conference, March 8-12, 2008 07-1020 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 2/19/2008 View Report.pdf S-4-7 Subject: Whistleblower Protection From: Council President De La Fuente And City Auditor Ruby Recommendation: Adopt An Ordinance Prohibiting Retaliation Against Employees Who Act As Whistleblowers 07-1021 Scheduled to *Finance & Management Committee on 2/26/2008 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Report.pdf City of Oakland Page 3 Printed on 2/15/08",3,RulesAndLegislationCommittee/2008-02-07.pdf RulesAndLegislationCommittee,2008-02-07,"DRAFT *Rules & Legislation Committee Meeting Minutes February 7, 2008 S-4-8 Subject: Tobacco Oriented Activities - Municipal Code Amendment From: Councilmember Larry Reid Recommendation: Adopt An Ordinance Amending Chapter 17.09 Definitions And Chapter 17.134 Conditional Use Permit Procedure To Change The Definition Of Tobacco Oriented Activities To Include All Activities Occupying Less Than 10,000 Square Feet That Sell Any Amount Of Tobacco Or Tobacco Related Products And To Require A Major Use Permit To Establish Any New Tobacco Oriented Activity; On The March 18, 2008 City Council Agenda 07-1028 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 3/18/2008 S-4-9 Subject: Approved License Program - Sale Of Tobacco From: Councilmember Larry Reid Recommendation: Adopt An Ordinance For An Approved License Program For The Establishment Or Expansion Of Activities Devoted To The Sale Of Tobacco And Tobacco Related Paraphernalia; On The March 18, 2008 City Council Agenda 07-1029 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 3/18/2008 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa S-4-10 Subject: Tobacco Shop Moratorium - Extension From: Councilmember Larry Reid Recommendation: Adopt An Extension On A Previously Adopted Moratorium, Pursuant To California Government Code Section 65858, Extending Until April 1, 2008 On The Establishment Of Any New Activity Or Facility Selling Tobacco Or Tobacco Related Products Or Paraphernalia; On The March 18, 2008 City Council Agenda 07-1031 Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 3/18/2008 City of Oakland Page 4 Printed on 2/15/08",4,RulesAndLegislationCommittee/2008-02-07.pdf RulesAndLegislationCommittee,2008-02-07,"DRAFT *Rules & Legislation Committee Meeting Minutes February 7, 2008 S-4-11 Subject: Lagan Company - Contract From: Department of Information Technology Recommendation: Adopt A Resolution (1) Waiving The Competitive Bidding And (2) The Competitive RFP/RFQ Selection Requirements Of The Oakland Purchasing Ordinance And Authorizing The City Administrator To Award A Contract To Lagan Company For A Citizen Relationship Management (CRM) Services Information Technology System In An Amount Not To Exceed $150,000.00 For Software, Hardware, And Installation Costs And A Two-Year Maintenance Agreement In An Amount Not To Exceed $30,000 Per Year For A Total Contract Not To Exceed Two Hundred And Ten Thousand Dollars ($210,000.00) 07-1023 Scheduled to *Finance & Management Committee on 2/26/2008 View Report.pdf S-4-12 Subject: Department Of Information Technology - Status Report From: Information Technology Recommendation: Receive A Status Report From The Department Of Information Technology On The Programs And Projects 07-1024 Scheduled to *Finance & Management Committee on 2/26/2008 The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa S-4-13 Subject: Oakland Business Development Corporation - Agreement From: Community and Economic Development Agency Recommendation: A Request To Withdraw From The February 26, 2008 Community And Economic Development Committee Agenda Adopt A Resolution Authorizing The City Administrator To Increase The Amount Of The Agreement With Oakland Business Development Corporation (OBDC) Small Business Finance In An Amount Not To Exceed $285,800 Per Fiscal Year For The Period 2007-2009, For A Total Contract Amount For Each Fiscal Year Of $558,550 For Commercial Loan Underwriting And Servicing; And Reschedule To The March 11, 2008 Community And Economic Development Committee Agenda 07-0944 Scheduled to *Community & Economic Development Committee on 3/11/2008 City of Oakland Page 5 Printed on 2/15/08",5,RulesAndLegislationCommittee/2008-02-07.pdf RulesAndLegislationCommittee,2008-02-07,"DRAFT *Rules & Legislation Committee Meeting Minutes February 7, 2008 S-4-14 Subject: 81st Avenue Library - Construction Contract From: Community and Economic Development Agency Recommendation: A Request To Withdraw From The February 26, 2008 Public Works Committee Agenda Adopt A Resolution Authorizing The City Administrator, Or Her Designee, To Award A Construction Contract To BBI Construction For The 81st Avenue Library Project In Accord With Specification No. C274410 In The Amount Of Eight Million Ninety Thousand Nine Hundred Ninety-Three Dollars ($8,090,993) And To Accept And Appropriate Four Hundred Ninety-Seven Thousand Sixty-Five Dollars ($497,065) From The Oakland Unified School District For The 81st Avenue Library Project; With No New Scheduling Date Reason: An electrical subcontractor, whose bid was used in four of the five bids received, cannot honor its bid. The 5th bidder's price exceeds the budget. 07-0975 *Withdrawn with No New Date S-4-15 Subject: Housing Program Grants From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) An Agency Resolution Authorizing The Submittal Of Applications To The California Department Of Housing And Community Development For Funding Under The Transit Oriented Development Housing Program For The Coliseum BART Transit Village Project, The MacArthur Transit Village Project, And The West Oakland Transit Village Project, And Authorizing Acceptance And Appropriation Of Grant Funds From This Program And The Execution Of Standard Agreements And Any Related Documents Necessary, If Selected For Funding; And 07-0998 Scheduled to *Community & Economic Development Committee on 2/26/2008 View Report.pdf S-4-16 Subject: Sidewalk Repair Report From: Community and Economic Development Agency Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Authorizing The City Administrator To Transfer $300,000.00 Of Available Fiscal Year 2007-2008 Sidewalk Repair Funds in Project C269160 To A Project To Be Determined To Enforce The Repair of Private Sidewalk Damage; And 07-1025 Scheduled to *Public Works Committee on 3/11/2008 City of Oakland Page 6 Printed on 2/15/08",6,RulesAndLegislationCommittee/2008-02-07.pdf RulesAndLegislationCommittee,2008-02-07,"DRAFT *Rules & Legislation Committee Meeting Minutes February 7, 2008 The Roll Call was modified to note Councilmember Reid absent at 11:25 AM 2) A Resolution Authorizing Award Of A Construction Contract To AJW Construction For On-Call Citywide Sidewalk Repair Fiscal Year 2007-2008 Contract B - Council Districts 4, 5, 6, And 7 (Project C269160) In The Amount of Eight Hundred Forty-Nine Thousand Nine Hundred Seventy-Five Dollars ($849,975.00); On The March 11, 2008 Public Works Committee Agenda 07-1025-1 Scheduled to *Public Works Committee on 3/11/2008 S-4-17 Subject: Transportation Planning Grants - 2008-2009 From: Community and Economic Development Agency Recommendation: Adopt A Resolution To Apply For, Accept And Appropriate Grant Funding From The California Department Of Transportation (CALTRANS) Transportation Planning Grants 2008-2009, In The Amount Of $175,000 For Peralta Street Corridor West Oakland; In The Amount Of $175,000 For 81st Avenue Corridor East Oakland; And In The Amount Of $245,000 For An International Boulevard Transit Oriented Development Plan; On The March 11, 2008 Community And Economic Development Committee Agenda 07-1026 Scheduled to *Community & Economic Development Committee on 3/11/2008 S-4-18 Subject: Landscaping And Lighting Assessment District - Levy From: Public Works Agency Recommendation: Adopt A Resolution For The 1) Initiation Of And Intention To Levy The Landscaping And Lighting Assessment District Pursuant To Articles XIII C And D Of The California Constitution; 2) Accepting The Fiscal Year 2008-2009 Preliminary Engineer's Report For The City Of Oakland Landscaping And Lighting Assessment District; 3) Setting The Date For A Public Hearing; 4) Authorizing The Preparation And Mailing Of Notices And Ballots Seeking Property-Owner Approval Of A Proposed Rate Increase And Assessment Of Public Agencies; And 5) Executing A Contract With Francisco And Associates For An Amount Not To Exceed $85,000 For Prop 218 Election Services; And 6) Authorizing The Expenditure Up To $100,000 For Postage 07-1030 Scheduled to *Finance & Management Committee on 2/26/2008 View Report.pdf ADDITIONAL ITEM SUBMITTED ON THE DAIS City of Oakland Page 7 Printed on 2/15/08",7,RulesAndLegislationCommittee/2008-02-07.pdf RulesAndLegislationCommittee,2008-02-07,"DRAFT *Rules & Legislation Committee Meeting Minutes February 7, 2008 Subject: Opposition To The Aerial Spray Program - Brown Apple Moth From: Councilmembers Jane Brunner and Larry Reid Recommendation: Adopt A Resolution Opposing The California Department Of Food And Agriculture Aerial Spray Program To Eradicate The Light Brown Apple Moth And Requesting Additional Information On The Possible Health Effects 07-1032 Scheduled to *Public Safety Committee on 2/26/2008 View Report.pdf 02-07 Rules Item 4 View Item.pdf 5 A review of the Agendas for the Concurrent Meeting of ORA/City Council for the meeting of February 19, 2008 and the Rules and Legislation Committee for the meeting of February 21, 2008 A motion was made by Vice Mayor Chang, seconded by Member Brunner, to *Approve with the following amendments. The motion carried by the following vote: Votes: Excused; 1 - Member Reid Aye; 3 - Vice Mayor Chang, Member Brunner and Chair De La Fuente The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa 02-07 Rules Item 5 View Item.pdf S-6 Subject: Limited Public Financing From: Public Ethics Commission Recommendation: Action On Required Transmission Of Adopted Regulations Administering And Interpreting Chapter 3.13 Of The Oakland Municipal Code (AKA ""The Limited Public Financing Act"") 07-0938 *Approve the Recommendation of Staff, and Forward to Concurrent Meeting of the Oakland Redevelopment Agency / City Council on 3/4/2008 Votes: The following individual(s) spoke and did not indicate a position on this item: - Sanjiv Handa View Item.pdf OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES) The following individual(s) spoke under open forum: - Sanjiv Handa City of Oakland Page 8 Printed on 2/15/08",8,RulesAndLegislationCommittee/2008-02-07.pdf RulesAndLegislationCommittee,2008-02-07,"DRAFT *Rules & Legislation Committee Meeting Minutes February 7, 2008 Adjournment There being no further business, and upon the motion duly made, the Oakland City Council Rules and Legislation Committee adjourned the meeting at 11:50 AM. NOTE: 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) 839-6451 TDD * 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 Clerk and Clerk of the Council City of Oakland Page 9 Printed on 2/15/08",9,RulesAndLegislationCommittee/2008-02-07.pdf