Meeting Minutes
City of Oakland
Oakland, California 94612 |
*Rules & Legislation Committee
DRAFT
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
City of Oakland Website: http://www.oaklandnet.com |
Thursday, July 01, 2004
10:30 AM
City Council Chambers - 3rd Floor
The Oakland City Council Rules and Legislation Committee convened at |
10:59 a.m., with President De La Fuente presiding as Chairperson. |
Roll Call / Call to Order
Present: Member Chang, Member Wan and Chair De La Fuente |
1
Closed Session
A motion was made by Member Chang, seconded by Member Wan, to * |
Approve as Submitted. The motion carried by the following vote: |
Aye; 3 - Member Chang, Member Wan and Chair De La Fuente |
2
Approval of the Draft Minutes from the Committee meeting of June 17, 2004
A motion was made by Member Wan, seconded by Member Chang, to * |
Approve the Minutes. The motion carried by the following vote: |
Aye; 3 - Member Chang, Member Wan and Chair De La Fuente |
3
Determination of Schedule of Outstanding Committee Items
A motion was made by Member Chang, seconded by Member Wan, to * |
Approve as Submitted. The motion carried by the following vote: |
Aye; 3 - Member Chang, Member Wan and Chair De La Fuente |
4
Scheduling of Agenda Items and revisions to the agenda(s) for the ORA/City Council |
meeting of July 6, 2004 (SUPPLEMENTAL) |
The following individual spoke on Item 4 and did not indicate a position: |
4-1
Subject: Sutter Health - Contract Amendment |
From: Oakland Fire Department |
Recommendation: Adopt a Resolution authorizing the City Administrator to amend |
Resolution Number 76105 C.M.S dated October 31, 2000 to increase the contract |
with Sutter Health @ Work by ninety thousand dollars ($90,000) for physical |
fitness assessments and health testing services for the City of Oakland's |
Firefighting Personnel to meet current regulatory requirements and standards of |
compliance, to a total contract amount not to exceed one hundred eighty four |
thousand one hundred fifty dollars ($184,150.00) (04-0611) |
Scheduled to *Public Safety Committee on 7/13/2004
4-2
Subject: New Weed and Seed Sites in East and West Oakland |
From: Oakland Police Department |
Recommendation: Adopt a Resolution authorizing a professional services |
agreement with Resource Development Associates in the amount of forty thousand |
dollars ($40,000) for the development of two official recognition applications for |
submission to the U.S. Department of Justice, Office of Justice Programs, |
Executive Office for Weed and Seed, for the establishment of New Weed and Seed |
Sites in East and West Oakland (04-0610) |
Scheduled to *Public Safety Committee on 7/13/2004
4-3
Subject: Operations of the Pacific Renaissance Plaza Garage |
From: Office of the City Auditor |
Recommendation: Receive an Informational Report on the performance audit of |
the Management Agreement between the City of Oakland and International |
Hotelier Management Corporation regarding the operations of the Pacific |
Renaissance Plaza Garage; on the July 13, 2004 Public Works and Finance and |
Management Committee agendas (04-0624) |
Scheduled to *Finance & Management Committee on 9/14/2004
4-4
Subject: Cannabis Initiative Petition |
From: Office of the City Clerk |
Recommendation: Receive a Report from the City Clerk on the results of signature |
verification of the Oakland Cannabis Initiative Petition and adopt the following |
legislation: (04-0626) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
City Council on 7/20/2004 |
As a Non-Consent item
4-5
Subject: Ernie Robinson - Service Recognition |
Recommendation: Adopt a Resolution commending Deputy Chief Ernest A. |
Robinson III for 30 years of outstanding and dedicated service and congratulating |
him on his retirement (04-0613) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
City Council on 7/20/2004 |
As a Ceremonial item
4-6
Subject: Gerald Simon - Service Recognition |
Recommendation: Adopt a Resolution commending Chief Gerald Simon for |
outstanding and dedicated service and congratulating him on his retirement (04- |
0614) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
City Council on 7/20/2004 |
As a Ceremonial item
4-7
Subject: Henry Renteria - Service Recognition |
Recommendation: Adopt a Resolution commending Henry R. Renteria for his 19 |
years of dedicated service as Oakland's Emergency Manager, congratulating him |
on his retirement from the City of Oakland, and wishing him well as assumes |
leadership as the Director of the Governer's Office of Emergency Services (04- |
0615) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
City Council on 7/20/2004 |
As a Ceremonial item
4-8
Subject Barry Weiland - Service Recognition |
Recommendation: Adopt a Resolution honoring Barry Weiland upon his retirement |
from the City of Oakland (04-0616) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
City Council on 7/20/2004 |
As a Ceremonial item
4-9
Subject: Drew Winsor - Service Recognition |
Recommendation: Adopt a Resolution honoring Drew Winsor upon his retirement |
from the City of Oakland (04-0617) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
City Council on 7/20/2004 |
As a Ceremonial item
4-10
Subject: Conditional Use Permit Ordinance |
Recommendation: Adopt an Interim Ordinance requiring a Major Conditional Use |
Permit for development resulting in more than two units per lot in the area |
generally bounded by MacArthur Boulevard on the north, 23rd Avenue on the east, |
Marin Way and E. 15th Street on the south, and 5th Avenue and Park Blvd. on the |
west. (The Planning Commission is also directed to initiate a zoning study of the |
area. The Ordinance shall be in effect for a maximum of two years or until the |
Planning Commission forwards a recommendation for rezoning of the study area); |
on the September 28, 2004 Community and Economic Development Committee |
agenda (04-0618) |
Scheduled to *Community & Economic Development Committee on 9/28/ |
2004 |
4-11
Subject: Traffic Signal Projects - Reschedule |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to award |
a construction contract to Ray's Electric for the traffic signal projects at the |
intersections of Franklin Street at 7th Street, International Boulevard at 103rd/104 |
th Avenues, and Mountain Boulevard at Village Square Driveway (City Project |
Nos. C222210, C160110, and C64630) in the amount of four hundred twenty-three |
thousand seven hundred thirty dollars ($423,730); from the July 13, 2004 Public |
Works Committee agenda to the Pending List for No Specific Date (04-0590) |
*Withdrawn with No New Date
Placed on the Pending List/No Specific Date
4-12
Subject: Coliseum Bart Station Area Underground Utility District - No. 235 |
From: Public Works Agency |
Recommendation: Adopt a Resolution of Intention to establish Underground |
Utility District Number 235: Coliseum BART Station Area Underground Utility |
District which includes San Leandro Street, between 66th and 73rd Avenues, and |
73rd Avenue to be funded under California Public Utilities Commission (CPUC) |
Rule 20B and pursuant to Ordinance Number 7769 C.M.S.; on the September 28, |
2004 Public Works Committee agenda and on the October 19, 2004 City Council |
agenda as a Public Hearing (04-0608) |
Scheduled to *Public Works Committee on 9/28/2004
and on the October 19, 2004 City Council agenda as a Public Hearing
4-13
Subject: Underground Utility District - Number 236S |
From: Public Works Agency |
Recommendation: Adopt a Resolution of Intention to establish Underground |
Utility District Number 236S, developed subdivisions with completed underground |
utility service: Ariane Court, a segment of Diablo Drive, Bishops Court, |
Observation Place, Skyline Circle and a segment of Redwood Road, pursuant to |
Ordinance Number 7769 C.M.S.; on the September 28, 2004 Public Works |
Committee and on the October 19, 2004 City Council agenda as a Public Hearing ( |
04-0621) |
Scheduled to *Public Works Committee on 9/28/2004
and on the October 19, 2004 City Council agenda as a Public Hearing
4-14
Subject: Swinerton Builders - Police Administration Building |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to amend |
the professional services contract with Swinerton Builders for Construction |
Manager At-Risk Services to include the construction phase of the Police |
Administration Building Weak Story Seismic Retrofit Phase I Project and to either |
(1) increase the contract compensation amount by $8 million for a total contract |
amount not to exceed $8.5 million if the Federal government approves Federal |
Emergency Management Agency ("FEMA") Grant Funds for the project or, (2) |
increase the contract compensation amount by $5.5 million of Measure I funding ( |
Bond funding for public safety purposes) for a total contract amount of $6 million, |
if FEMA grant funds are not approved (PURSUANT TO SECTION 902-E OF |
THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE OF THE |
COUNCIL - 6 AFFIRMATIVE VOTES) (04-0622) |
Scheduled to *Public Safety Committee on 7/13/2004
4-15
Subject: Merchant Kiosks in City Hall Plaza |
From: Public Works Agency |
Recommendation: Adopt a Resolution authorizing the City Administrator to award |
a construction contract to the lowest responsible bidder for a not-to-exceed amount |
of one hundred fifty thousand dollars ($150,000) for the installation of merchant |
kiosks in the City Hall Plaza; on the July 13, 2004 Public Works Committee |
agenda (04-0623) |
Scheduled to *Public Works Committee on 7/13/2004
Subsequent to the Rules and Legislation Committee meeting, this item was |
rescheduled to the July 13, 2004 Finance and Management Committee agenda |
4-16
Subject: Solar Power Project |
From: Public Works Agency |
Recommendation: Adopt the following legislation regarding a solar power project: |
1) A Resolution authorizing the City Administrator to implement a one megawatt |
solar power and energy efficiency project by appropriating and allocating funds in |
the total amount of |
$7,759,500; and entering into an agreement with PowerLight Corp. in an amount |
not to exceed |
$7,214,338(PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS |
ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES) |
; and (04-0625) |
Scheduled to *Finance & Management Committee on 7/13/2004
4-17
Subject: Doris M. Malvo - Service Recognition |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution commending Doris M. Malvo for more |
than 30 years of devoted and dedicated service and congratulating her on her |
retirement (04-0607) |
Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
City Council on 7/20/2004 |
As a Consent Calendar item
4-18
Subject: Historical Police Overtime Spending and Reimbursements |
From: Office of the City Administrator |
Recommendation: Discussion and possible action on a Report on historical Police |
overtime spending and reimbursements; on the September 14, 2004 Finance and |
Management Committee agenda (04-0619) |
Scheduled to *Finance & Management Committee on 9/14/2004
4-19
Subject: Community Choice Aggregation Demonstration Project |
From: Office of the City Administrator |
Recommendation: Adopt the following legislation regarding alternative energy |
opportunities: |
1) A Resolution authorizing the City Administrator to accept and appropriate $3, |
500,000 from the Williams Energy Settlement to be used for activities that promote |
alternative energy production or improve energy efficiency in the City, and; (04- |
0540) |
*Withdrawn and Rescheduled to *Finance & Management Committee on 7 |
/13/2004 |
Withdrawn from the July 13, 2004 Public Works Committee agenda
4-20
Subject: Oakland City Stables |
From: Office of Parks and Recreation |
Recommendation: Discussion and action on a report and recommendations to issue |
a Request for Proposals for the operation of Oakland City Stables and to proceed |
with Capital Improvements (04-0609) |
Scheduled to *Life Enrichment Committee on 7/13/2004
4-21
Subject: Summer Recess Purchase Authorizations |
From: Office of the City Administrator |
Recommendation: Adopt a Resolution authorizing the City Administrator to take |
action on procurement of the following supplies and services exceeding $500,000 |
and professional services contracts exceeding $150,000 during the Oakland |
Redevelopment Agency /City Council 2004 Summer Recess: |
(1) Authorization to negotiate and execute a professional services contract for |
transportation planning services with the selected consultant in an amount not to |
exceed $156,000 from the Fruitvale Alive Environmental Justice Grant; and (04- |
0612) |
Scheduled to *Finance & Management Committee on 7/13/2004
5
A review of the Agendas for the Council Committees for the meeting(s) of July 13, 2004
*Approve with the following amendments
The following individual spoke on Item 5 and did not indicate a position: |
From the July 13, 2004 Finance and Management agenda:
Subject: Retirement Service Credit |
From: Finance and Management Agency |
Recommendation: Adopt a Resolution authorizing pre-tax payroll deduction for service credit |
purchase from California Public Employees Retirement System (CalPERS) (04-0533) |
*Withdrawn with No New Date
Subject: Civil Service Rules |
From: Councilmember Brunner and Council President de La Fuente |
Recommendation: A request to retain outside counsel to complete an update of Oakland's Civil |
Service Rules (04-0544) |
*Withdrawn with No New Date
From the July 13, 2004 Community and Economic Development agenda:
Subject: Oakland Business Development Corporation (OBDC) |
From: Community and Economic Development Agency |
Recommendation: Adopt a Resolution amending Resolution No. 77823 C.M.S. to increase the |
amount of the contract with the Oakland Business Development Corporation (OBDC) by $80, |
000 for a total contract amount of $395,000 during Fiscal Year 2003-2004 to continue the |
expansion of OBDC's lending authority and provide loan servicing for the City's and |
Redevelopment Agency's loan portfolio, and allocating $2,400 for contract compliance (04- |
0078-1) |
*Withdrawn and Rescheduled to *Community & Economic Development |
Committee on 9/14/2004 |
Subject: Small Business Growth Center |
From: Community and Economic Development Agency |
Recommendation: Discussion and action on a report and recommendation identifying funding |
in the amount of $50,000 to the Small Business Growth Center (04-0502) |
*Withdrawn and Rescheduled to *Community & Economic Development |
Committee on 9/14/2004 |
From the July 13, 2004 Life Enrichment Committee agenda:
Subject: Oakland Youth Commission |
From: Department of Human Services |
Recommendation: Receive the Annual Informational report regarding the Oakland Youth |
Commission for the period 2003-2004 (04-0506) |
*Withdrawn and Rescheduled to *Life Enrichment Committee on 9/14/ |
2004 |
From the July 13, 2004 Public Safety Committee agenda:
Subject: Update Report on Oakland's Liquor Stores |
From: Office of the City Attorney |
Recommendation: A Discussion and action on an updated report card with recommendations |
on Oakland's Liquor Stores: The Good, the Bad, & the Ugly according to the Community (04- |
0273-1) |
*Withdrawn and Rescheduled to *Public Safety Committee on 9/28/2004
S-6
Subject: Amendment to Assembly Bill 2523 - Nuisance Evictions |
From: Office of the City Administrator |
Recommendation: A Discussion and possible action on a report regarding Assembly Bill 2523 |
that would require the City Attorney to issue nuisance eviction notices, limit recovery of |
attorney's fees payable by landlords to the City, and require response to notices in 30 days (04- |
0578) |
A motion was made by Member Chang, seconded by Chair 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 6, 2004. The motion carried by the following |
vote: |
Abstained; 1 - Member Wan |
Aye; 2 - Member Chang and Chair De La Fuente |
The following individual spoke on Item S-6 and did not indicate a position: |
The City Clerk advised the Council that at the Rules and Legislation Committee |
of June 24, 2004 an urgency finding was made to place this item on the agenda. |
Agency/Councilmember Chang made a motion seconded by Agency/ |
Councilmember Wan to approve an urgency finding pursuant to Section 2.20. |
080 E(2) regarding Item S-6 that there is a need to take immediate action which |
came to the attention of the local body after the agenda was posted, and that the |
need to take immediate action relates to federal or state legislation. |
The Committee carried a motion to direct staff to withdraw the City of Oakland |
from Assembly Bill 2523; 2 Ayes; 1 Abstain -Wan; 1 Absent -Reid |
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
The following individual spoke under Open Forum: |
Adjournment
There being no further business, and upon the motion duly made, the Oakland |
City Council Rules and Legislation Committee adjourned the meeting at |
NOTE:
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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