body,date,text,page,path
RulesAndLegislationCommittee,2010-07-08,"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
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, July 08, 2010
10:45 AM
City Council Chambers - 3rd Floor
Roll Call / Call to Order
Present: Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
The Oakland City Council Rules and Legislation Committee convened at 11:00
a.m., with Council President Brunner presiding as Chairperson.
1
Closed Session
A motion was made by Member De La Fuente, seconded by Member Reid,
to *Approve as Submitted. The motion carried by the following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
2
Approval of the Draft Minutes from the Committee meeting of June 17, 2010.
A motion was made by Member Reid, seconded by Member Quan, to
* Approve the Minutes. The motion carried by the following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
3
Determination of Schedule of Outstanding Committee Items
A motion was made by Member Quan, seconded by Member Reid, to
* Approve as Submitted. The motion carried by the following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
4
Scheduling of Agenda Items and revisions to the agenda(s) for the Council Committee
meeting(s) July 13, 2010 (SUPPLEMENTAL)
A motion was made by Member Reid, seconded by Member Quan, to
* Approve as Submitted. The motion carried by the following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
708item4
View Report.pdf
City of Oakland
Page 1
Printed on 9/27/10",1,RulesAndLegislationCommittee/2010-07-08.pdf
RulesAndLegislationCommittee,2010-07-08,"*Rules & Legislation Committee
Meeting Minutes
July 8, 2010
S-4-1
Subject:
Just Cause For Eviction Ordinance
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Submitting Amendments to the Just Cause
for Eviction Ordinance, On The City Council's Own Motion, To The Electors
At
The November 2, 2010 Statewide General Election, To Clarify the Original Intent
of that Ordinance Regarding Vacating Tenants From Nonconforming (Illegal)
Rental Units and Adding Additional Requirements Thereto, To Set Out the Rent
Board's Existing Implied Regulatory Authority into the Ordinance, and To Expand
the City Council's Authority to Revise the Ordinance in the Event Any Provision is
Prospectively Found Invalid by a Court or Is Affected by State Law; Consolidating
The Election With The Statewide General Election; And Directing The City Clerk
To Fix The Date For Submission Of Arguments And Provide For Notice And
Publication In Accordance With The November 2, 2010, Statewide General
Election
09-1631
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/
City Council on 7/20/2010
The following individula spoke on this item:
- Sanjiv Handa
View Report.pdf
View Supplemental Report.pdf
View Supplemental Report.pdf
S-4-2
Subject:
Ballot Measure 2010 - Measure Y Funding
From:
Vice Mayor Quan
Recommendation: Adopt A Resolution Submitting, On The City Council's Own
Motion, To The Electors At The November 2, 2010 Statewide General Election, A
Proposed Ordinance Amending Measure Y, The ""Violence Prevention And Public
Safety Act Of 2004"", Which Established A Special Parcel And Parking Tax
Funding Police Services, Fire Services And Violence Prevention Programs To,
Among Other Things, Clarify That The City May Collect The Tax Whether Or Not
It Appropriates Non-Measure Y Funds To Maintain Staffing At Fiscal Year
2003-2004 Levels; Consolidating The Election With The Statewide General
Election; And Directing The City Clerk To Fix The Date For Submission Of
Arguments And Provide For Notice And Publication In Accordance With The
November 2, 2010, Statewide General Election
09-1600
Scheduled to Special Concurrent Meeting of the Oakland Redevelopment
Agency/City Council on 7/22/2010
The following individual spoke on this item:
- Sanjiv Handa
View Report.pdf
View Report.pdf
View Supplemental..po
82951 CMS.pdf
City of Oakland
Page 2
Printed on 9/27/10",2,RulesAndLegislationCommittee/2010-07-08.pdf
RulesAndLegislationCommittee,2010-07-08,"*Rules & Legislation Committee
Meeting Minutes
July 8, 2010
S-4-3
Subject:
League Of California Cities Delegate
From:
Council President Brunner
Recommendation: Adopt A Resolution Appointing Councilmember Jean Quan As
Voting Delegate And Councilmember Larry Reid As Alternate Delegate For The
League Of California Cities 2010 Annual Conference
09-1624
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 7/20/2010
The following individual spoke on this item:
- Sanjiv Handa
View Report.pdf
82888 CMS.pdf
S-4-4
Subject:
Special Meetings - -Ballot Measures
From:
Council President Brunner
Recommendation: A Request To Schedule Special Meetings To Discuss Potential
Ballot Measures For The November 2, 2010 Election. Special Meetings To Be
Held On:
Thursday July 22nd At 5:30pm
Monday July 26th At 4pm
.
Tuesday July 27th At 9am
09-1630
Scheduled to Special Concurrent Meeting of the Oakland Redevelopment
Agency/City Council on 7/22/2010
Additional Special Meeting Dates are July 26th at 4pm and July 27th at 9am
The following individual spoke on this item:
- Sanjiv Handa
S-4-5
Subject:
Alcohol Mitigation Fee
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution Submitting On The Council's Own
Motion, To The Electors At The November 2nd 2010 Election, A Measure To To
Establish A New Alcohol Mitigation Fee; And Directing The City Clerk To Fix
The Date For Submission Of Arguments And Provide For Notice And Publication
In Accordance With The Law And Authorizing Certain Other Election Activities;
On The July 20, 2010 City Council Agenda
09-1632
*Withdrawn with No New Date
City of Oakland
Page 3
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RulesAndLegislationCommittee,2010-07-08,"*Rules & Legislation Committee
Meeting Minutes
July 8, 2010
S-4-6
Subject:
Kaplan's Pay-Go Funds for Youth Healing Retreat
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution Authorizing A Grant Of $500.00 From
Councilmember Kaplan's Pay-Go Funds To Skyline High School Titans Football
Team For Travel Expenses To Oakland Feather River Camp For A Youth Healing
Retreat
09-1633
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 7/20/2010
The following individual spoke on this item:
- Sanjiv Handa
View Report.pdf
View Report.pdf
82889 CMS.pdf
S-4-7
Subject:
Pension Reform Ballot Measure
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution Submitting On The Council's Own Motion,
To The Electors At The November 2, 2010 Election, A Measure Amending Article
IX Of The Oakland City Charter Relating To Sworn Personnel Pensions To Enact
Pension Reform. Measure To Require Employees Pay Employee Share Of Pension
Contribution, Providing That Future Increases In Pension Must Be Approved By
Voters, Exempt Pensions From Binding Arbitration Provision; Directing The City
Clerk To Fix The Date For Submission Of Arguments And Provide For Notice And
Publication In Accordance With The Law And Authorizing Certain Other Election
Activities; And Directing Staff To Conduct Any Necessary Negotiations In
Furtherance Of This Resolution; On The July 15, 2010 Rules And Legislation
Committee Agenda and The July 20, 2010 City Council Agenda
09-1634
*Withdrawn with No New Date
The following individual spoke on this item:
- Sanjiv Handa
City of Oakland
Page 4
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RulesAndLegislationCommittee,2010-07-08,"*Rules & Legislation Committee
Meeting Minutes
July 8, 2010
S-4-8
Subject:
West Oakland Redevelopment Plan Eminent Domain Property
Acquisition
From:
Community And Economic Development Agency
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Agency Resolution Approving And Recommending Adoption Of A First
Amendment To The West Oakland Redevelopment Plan To Modify The Authority
Of The Agency To Acquire Property In The Clawson/McClymonds/Bunche
Subarea Through Eminent Domain; And
09-1628
Scheduled to *Community & Economic Development Committee on
7/27/2010
As a Public Hearing on September 7, 2010.
View Report.pdf
S-4-9
Subject:
Feasibility Determination for the Ninth Avenue Terminal
From:
Community and Economic Development Committee Agenda
Recommendation: Adopt A Resolution Regarding a Feasibility Determination For
The Ninth Avenue Terminal Partners' Proposal To Create A Vintners Hall In The
Ninth Avenue Terminal Pursuant To Conditions Of Approval 25C Adopted For
The Oak To Ninth Project
09-1629
Scheduled to *Community & Economic Development Committee on
7/27/2010
The following individual spoke on this item:
- Sanjiv Handa
View Report.pdf
Request submitted on the dias
City of Oakland
Page 5
Printed on 9/27/10",5,RulesAndLegislationCommittee/2010-07-08.pdf
RulesAndLegislationCommittee,2010-07-08,"*Rules & Legislation Committee
Meeting Minutes
July 8, 2010
Subject:
Central Estuary Specific Plan - Zoning Amendment
From:
Community And Economic Development Agency
Recommendation: Adopt A Resolution To Adopt A Preferred Land Use Alternative For The
Central Estuary Specific Plan Or Other Appropriate Zoning Amendment And To Have That
Preferred Alternative Reviewed Under The California Environmental Quality Act. The
Preferred Alternative Includes: (1) West Subarea: Mixed-Use Infill, Strengthening Of The
Existing Specialty Food Producing Industrial Area; (2) Central West Subarea: Preservation Of
The Existing Neighborhood Including Live/Work Uses; (3) Central East Subarea: No Change
From Existing Conditions At The Owens Brockway Site And Retail/Commercial Use Between
High Street And (The New Alignment For) 42nd Street; And (4) East Subarea:
Commercial-Industrial Mix, Similar To The Existing CIX-1 Zone, In The Area At The Tip Of
Tidewater, Adjacent To Martin Luther King Jr. Regional Shoreline Park, With Research And
Development (R&D) Uses To The North And West.
09-1045-1
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 7/20/2010
View Report.pdf
82944 CMS.pdf
#2
Subject:
Amicus Brief - Challenging SB 1071
From:
Council President Brunner
Recommendation: Adopt A Resolution Authorizing The City Attorney, On Behalf Of The City
Of Oakland, To Join In An Amicus (Friend Of The Court) Brief In The United States District
Court Case Of Friendly House, et al., V. Michael B. Whiting, et al. (Case No. CV 10-1061-
PHX-JWS), Asking The Court To Grant The Plaintiffs' Motion For A Preliminary Injunction
To Prevent The Implementation Of Arizona Senate Bill 1070, Which Among Other Things
Authorizes The Police ""When Practicable"" To Detain People They ""Reasonably Suspect"" Are
In The United States Illegally
09-1635
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 7/20/2010
View Repiort.pdf
82886 CMS.pdf
#3
Subject:
Port Liaison Committee Appointment
From:
Council President Brunner
Recommendation: Adopt A Resolution Appointing Councilmember Desley Brooks To The
City - Port Liaison Committee To Serve In The Seat From Which Council Member Kernighan
Resigned
09-1637
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency /
City Council on 7/20/2010
View Report.pdf
82887 CMS.pdf
City of Oakland
Page 6
Printed on 9/27/10",6,RulesAndLegislationCommittee/2010-07-08.pdf
RulesAndLegislationCommittee,2010-07-08,"3) A Resolution Submitting On The Council's Own Motion To The Voters At The November 2,
2010 Statewide General Election, Not Less Than 88 Days And Not More Than 150 Days From
Passage Of This Resolution, A Proposed Ordinance Modifying The Business Tax, Chapter
5.04 Of The Oakland Municipal Code Adding Section 5.04.481 Creating A New ""Cultivation,
Processing And Other Cannabis Related Activities"" Business Classification With A Business
Tax Rate Of Up To $80 Per $1,000 Of Gross Receipts And Amending Chapter 5.04 Of The
Oakland Municipal Code, Section 5.04.480 Deleting Provisions Relating To Cannabis
Cultivation And Other Related Activities; Adding Section 5.04.482 Creating A New ""Adult
Use Cannabis Related Activities"" Business Classification (To Cover Any Cannabis Business
Other Than Medical), With A Tax Rate Of Up To $120 Per $1000 Of Gross Receipts; Adding
Section 5.04.483 To Create A ""Medical Cannabis Dispensary And Related Activities"" Business
Classification (To Cover Retail Medical Cannabis Facilities) With A Tax Rate Of Up To $40
Per $1000 Of Gross Receipts; Or Alternatively
09-1649.2
*Rescheduled to *Rules & Legislation Committee on 7/15/2010
Roll Call: Present: Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
#5
Subject:
Measure Amending City Charter
From:
Councilmember De La Fuente
Recommendation: Adopt A Resolution Submitting On The Council's Own Motion To Be
Voted Upon At The Municipal General Election To Be Held On November 2, 2010, A
Proposed Charter Amendment, Entitled ""Measure Amending City Charter Sections And
Adding Section Declaring It To Be Official City Policy That No New Funding Set-Asides Or
Other Mandatory Appropriations Be Added To The City Charter Unless The Measure Also
Provides The Required Specific And Adequate New Source Of Funds; On The July 22, 2010
City Council Agenda
09-1657
Scheduled to *Rules & Legislation Committee on 7/22/2010
5
A review of the Agendas for the Concurrent Meeting of ORA/City Council for the meeting
July 20, 2010 and Rules and Legislation Committee for July 22, 2010.
A motion was made by Member Reid, seconded by Member De La Fuente,
to *Approve as Submitted. The motion carried by the following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
The following individual spoke on this item:
- Sanjiv Handa
708item5
View Report.pdf
City of Oakland
Page 7
Printed on 9/27/10",7,RulesAndLegislationCommittee/2010-07-08.pdf
RulesAndLegislationCommittee,2010-07-08,"*Rules & Legislation Committee
Meeting Minutes
July 8, 2010
6
Subject:
Opposition To Senate Bill 974
From:
Community And Economic Development Agency
Recommendation: Adopt A Resolution In Opposition To Senate Bill 974 (D. Stienberg)
Amending The Enterprise Zone Program
09-1594
A motion was made by Member Quan, seconded by Member De La Fuente,
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 July 20, 2010 as a Consent Calendar item. The
motion carried by the following vote:
Votes: Aye; 4 - Member Quan, Member Reid, Chair Brunner and Member De La
Fuente
The following individual spoke on this item:
- Sanjiv Handa
View Report.pdf
View Report.pdf
82896 CMS.pdf
7
Subject:
The Limited Public Financing Act - Amendments
From:
Public Ethics Commission
Recommendation: Adopt An Ordinance Amending Chapter 3.13 Of The Oakland Municipal
Code (Aka ""The Limited Public Financing Act Of The City Of Oakland"") To 1) Limit
Eligibility To Candidates For District City Council; 2) Provide That Public Financing Be
Limited To The Reimbursement Of Specified Campaign Expenditures; 3) Limit Candidates
From Making Contributions Or Loans From Personal Funds To Ten Percent Of The Voluntary
Expenditure Ceiling; 4) Require Candidates To Raise In Local Contributions An Amount Equal
To Three Percent Of The Voluntary Expenditure Ceiling; 5) Permit Candidates To Appeal To
The Public Ethics Commission Any Request For Reimbursement; And 6) Require Candidates
To Repay The Election Campaign Fund From Any Surplus Campaign Funds In An Amount
Not To Exceed The Percentage That Public Financing Represents Of Total Contributions
Received
09-1500
A motion was made by Member Quan, seconded by Member Reid, 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 July 20, 2010 as a Consent Calendar item. The motion carried
by the following vote:
Votes: No; 1 - Member De La Fuente
Aye; 3 - Member Quan, Member Reid and Chair Brunner
The following individual spoke on this item:
- Ralph Kanz
- Sanjiv Handa
View Report.pdf
View Report.pdf
13031 CMS.pdf
City of Oakland
Page 8
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RulesAndLegislationCommittee,2010-07-08,"*Rules & Legislation Committee
Meeting Minutes
July 8, 2010
8
Subject:
Support Of Assembly Bill 1532
From:
Councilmember Desley Brooks
Recommendation: Adopt A Resolution In Support Of Amended Assembly Bill 1532 Authored
By Assembly Member Lieu, Which Adds A Separate Section To The Existing California Penal
Code's Definition Of A Code Enforcement Officer, By Establishing A Free-Standing Definition
For Code Enforcement Officers That Can Be Used By Any Local Jurisdiction In Their
Application For Code Enforcement Funding
09-1576
A motion was made by Member De La Fuente, seconded by Member Reid,
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 July 20, 2010 as a Consent Calendar item The motion
carried by the following vote:
Votes: Abstained; 1 - Chair Brunner
Aye; 3 - Member Quan, Member Reid and Member De La Fuente
The following individual spoke on this item:
- Sanjiv Handa
View Report.pdf
View Report.pdf
82897 CMS.pdf
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
The following individual spoke under Open Forum:
- 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 12:20
p.m.
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Office of the City Clerk - Agenda Management Unit
Phone: (510) 238-3226
Fax:
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Recorded Agenda: (510) 238-2386
Telecommunications Display Device: (510) 839-6451
TDD
City of Oakland
Page 9
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RulesAndLegislationCommittee,2010-07-08,"*Rules & Legislation Committee
Meeting Minutes
July 8, 2010
City Clerk and Clerk of the Council
City of Oakland
Page 10
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