Meeting Minutes
City of Oakland
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Oakland, California 94612 |
*Rules & Legislation Committee
DRAFT
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Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612 |
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City of Oakland Website: http://www.oaklandnet.com |
Thursday, July 01, 2004
10:30 AM
City Council Chambers - 3rd Floor
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The Oakland City Council Rules and Legislation Committee convened at |
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10:59 a.m., with President De La Fuente presiding as Chairperson. |
Roll Call / Call to Order
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Present: Member Chang, Member Wan and Chair De La Fuente |
1
Closed Session
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A motion was made by Member Chang, seconded by Member Wan, to * |
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Approve as Submitted. The motion carried by the following vote: |
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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
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A motion was made by Member Wan, seconded by Member Chang, to * |
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Approve the Minutes. The motion carried by the following vote: |
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Aye; 3 - Member Chang, Member Wan and Chair De La Fuente |
3
Determination of Schedule of Outstanding Committee Items
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A motion was made by Member Chang, seconded by Member Wan, to * |
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Approve as Submitted. The motion carried by the following vote: |
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Aye; 3 - Member Chang, Member Wan and Chair De La Fuente |
4
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Scheduling of Agenda Items and revisions to the agenda(s) for the ORA/City Council |
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meeting of July 6, 2004 (SUPPLEMENTAL) |
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The following individual spoke on Item 4 and did not indicate a position: |
4-1
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Subject: Sutter Health - Contract Amendment |
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From: Oakland Fire Department |
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Recommendation: Adopt a Resolution authorizing the City Administrator to amend |
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Resolution Number 76105 C.M.S dated October 31, 2000 to increase the contract |
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with Sutter Health @ Work by ninety thousand dollars ($90,000) for physical |
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fitness assessments and health testing services for the City of Oakland's |
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Firefighting Personnel to meet current regulatory requirements and standards of |
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compliance, to a total contract amount not to exceed one hundred eighty four |
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thousand one hundred fifty dollars ($184,150.00) (04-0611) |
Scheduled to *Public Safety Committee on 7/13/2004
4-2
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Subject: New Weed and Seed Sites in East and West Oakland |
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From: Oakland Police Department |
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Recommendation: Adopt a Resolution authorizing a professional services |
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agreement with Resource Development Associates in the amount of forty thousand |
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dollars ($40,000) for the development of two official recognition applications for |
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submission to the U.S. Department of Justice, Office of Justice Programs, |
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Executive Office for Weed and Seed, for the establishment of New Weed and Seed |
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Sites in East and West Oakland (04-0610) |
Scheduled to *Public Safety Committee on 7/13/2004
4-3
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Subject: Operations of the Pacific Renaissance Plaza Garage |
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From: Office of the City Auditor |
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Recommendation: Receive an Informational Report on the performance audit of |
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the Management Agreement between the City of Oakland and International |
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Hotelier Management Corporation regarding the operations of the Pacific |
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Renaissance Plaza Garage; on the July 13, 2004 Public Works and Finance and |
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Management Committee agendas (04-0624) |
Scheduled to *Finance & Management Committee on 9/14/2004
4-4
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Subject: Cannabis Initiative Petition |
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From: Office of the City Clerk |
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Recommendation: Receive a Report from the City Clerk on the results of signature |
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verification of the Oakland Cannabis Initiative Petition and adopt the following |
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legislation: (04-0626) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
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City Council on 7/20/2004 |
As a Non-Consent item
4-5
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Subject: Ernie Robinson - Service Recognition |
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Recommendation: Adopt a Resolution commending Deputy Chief Ernest A. |
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Robinson III for 30 years of outstanding and dedicated service and congratulating |
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him on his retirement (04-0613) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
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City Council on 7/20/2004 |
As a Ceremonial item
4-6
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Subject: Gerald Simon - Service Recognition |
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Recommendation: Adopt a Resolution commending Chief Gerald Simon for |
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outstanding and dedicated service and congratulating him on his retirement (04- |
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0614) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
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City Council on 7/20/2004 |
As a Ceremonial item
4-7
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Subject: Henry Renteria - Service Recognition |
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Recommendation: Adopt a Resolution commending Henry R. Renteria for his 19 |
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years of dedicated service as Oakland's Emergency Manager, congratulating him |
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on his retirement from the City of Oakland, and wishing him well as assumes |
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leadership as the Director of the Governer's Office of Emergency Services (04- |
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0615) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
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City Council on 7/20/2004 |
As a Ceremonial item
4-8
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Subject Barry Weiland - Service Recognition |
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Recommendation: Adopt a Resolution honoring Barry Weiland upon his retirement |
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from the City of Oakland (04-0616) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
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City Council on 7/20/2004 |
As a Ceremonial item
4-9
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Subject: Drew Winsor - Service Recognition |
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Recommendation: Adopt a Resolution honoring Drew Winsor upon his retirement |
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from the City of Oakland (04-0617) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
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City Council on 7/20/2004 |
As a Ceremonial item
4-10
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Subject: Conditional Use Permit Ordinance |
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Recommendation: Adopt an Interim Ordinance requiring a Major Conditional Use |
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Permit for development resulting in more than two units per lot in the area |
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generally bounded by MacArthur Boulevard on the north, 23rd Avenue on the east, |
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Marin Way and E. 15th Street on the south, and 5th Avenue and Park Blvd. on the |
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west. (The Planning Commission is also directed to initiate a zoning study of the |
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area. The Ordinance shall be in effect for a maximum of two years or until the |
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Planning Commission forwards a recommendation for rezoning of the study area); |
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on the September 28, 2004 Community and Economic Development Committee |
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agenda (04-0618) |
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Scheduled to *Community & Economic Development Committee on 9/28/ |
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2004 |
4-11
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Subject: Traffic Signal Projects - Reschedule |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to award |
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a construction contract to Ray's Electric for the traffic signal projects at the |
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intersections of Franklin Street at 7th Street, International Boulevard at 103rd/104 |
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th Avenues, and Mountain Boulevard at Village Square Driveway (City Project |
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Nos. C222210, C160110, and C64630) in the amount of four hundred twenty-three |
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thousand seven hundred thirty dollars ($423,730); from the July 13, 2004 Public |
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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
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Subject: Coliseum Bart Station Area Underground Utility District - No. 235 |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution of Intention to establish Underground |
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Utility District Number 235: Coliseum BART Station Area Underground Utility |
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District which includes San Leandro Street, between 66th and 73rd Avenues, and |
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73rd Avenue to be funded under California Public Utilities Commission (CPUC) |
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Rule 20B and pursuant to Ordinance Number 7769 C.M.S.; on the September 28, |
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2004 Public Works Committee agenda and on the October 19, 2004 City Council |
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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
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Subject: Underground Utility District - Number 236S |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution of Intention to establish Underground |
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Utility District Number 236S, developed subdivisions with completed underground |
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utility service: Ariane Court, a segment of Diablo Drive, Bishops Court, |
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Observation Place, Skyline Circle and a segment of Redwood Road, pursuant to |
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Ordinance Number 7769 C.M.S.; on the September 28, 2004 Public Works |
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Committee and on the October 19, 2004 City Council agenda as a Public Hearing ( |
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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
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Subject: Swinerton Builders - Police Administration Building |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to amend |
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the professional services contract with Swinerton Builders for Construction |
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Manager At-Risk Services to include the construction phase of the Police |
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Administration Building Weak Story Seismic Retrofit Phase I Project and to either |
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(1) increase the contract compensation amount by $8 million for a total contract |
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amount not to exceed $8.5 million if the Federal government approves Federal |
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Emergency Management Agency ("FEMA") Grant Funds for the project or, (2) |
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increase the contract compensation amount by $5.5 million of Measure I funding ( |
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Bond funding for public safety purposes) for a total contract amount of $6 million, |
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if FEMA grant funds are not approved (PURSUANT TO SECTION 902-E OF |
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THE CITY CHARTER, THIS ITEM REQUIRES A 2/3 VOTE OF THE |
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COUNCIL - 6 AFFIRMATIVE VOTES) (04-0622) |
Scheduled to *Public Safety Committee on 7/13/2004
4-15
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Subject: Merchant Kiosks in City Hall Plaza |
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From: Public Works Agency |
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Recommendation: Adopt a Resolution authorizing the City Administrator to award |
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a construction contract to the lowest responsible bidder for a not-to-exceed amount |
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of one hundred fifty thousand dollars ($150,000) for the installation of merchant |
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kiosks in the City Hall Plaza; on the July 13, 2004 Public Works Committee |
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agenda (04-0623) |
Scheduled to *Public Works Committee on 7/13/2004
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Subsequent to the Rules and Legislation Committee meeting, this item was |
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rescheduled to the July 13, 2004 Finance and Management Committee agenda |
4-16
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Subject: Solar Power Project |
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From: Public Works Agency |
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Recommendation: Adopt the following legislation regarding a solar power project: |
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1) A Resolution authorizing the City Administrator to implement a one megawatt |
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solar power and energy efficiency project by appropriating and allocating funds in |
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the total amount of |
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$7,759,500; and entering into an agreement with PowerLight Corp. in an amount |
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not to exceed |
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$7,214,338(PURSUANT TO SECTION 902-E OF THE CITY CHARTER, THIS |
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ITEM REQUIRES A 2/3 VOTE OF THE COUNCIL - 6 AFFIRMATIVE VOTES) |
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; and (04-0625) |
Scheduled to *Finance & Management Committee on 7/13/2004
4-17
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Subject: Doris M. Malvo - Service Recognition |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution commending Doris M. Malvo for more |
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than 30 years of devoted and dedicated service and congratulating her on her |
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retirement (04-0607) |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency/ |
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City Council on 7/20/2004 |
As a Consent Calendar item
4-18
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Subject: Historical Police Overtime Spending and Reimbursements |
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From: Office of the City Administrator |
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Recommendation: Discussion and possible action on a Report on historical Police |
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overtime spending and reimbursements; on the September 14, 2004 Finance and |
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Management Committee agenda (04-0619) |
Scheduled to *Finance & Management Committee on 9/14/2004
4-19
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Subject: Community Choice Aggregation Demonstration Project |
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From: Office of the City Administrator |
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Recommendation: Adopt the following legislation regarding alternative energy |
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opportunities: |
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1) A Resolution authorizing the City Administrator to accept and appropriate $3, |
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500,000 from the Williams Energy Settlement to be used for activities that promote |
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alternative energy production or improve energy efficiency in the City, and; (04- |
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0540) |
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*Withdrawn and Rescheduled to *Finance & Management Committee on 7 |
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/13/2004 |
Withdrawn from the July 13, 2004 Public Works Committee agenda
4-20
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Subject: Oakland City Stables |
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From: Office of Parks and Recreation |
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Recommendation: Discussion and action on a report and recommendations to issue |
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a Request for Proposals for the operation of Oakland City Stables and to proceed |
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with Capital Improvements (04-0609) |
Scheduled to *Life Enrichment Committee on 7/13/2004
4-21
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Subject: Summer Recess Purchase Authorizations |
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From: Office of the City Administrator |
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Recommendation: Adopt a Resolution authorizing the City Administrator to take |
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action on procurement of the following supplies and services exceeding $500,000 |
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and professional services contracts exceeding $150,000 during the Oakland |
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Redevelopment Agency /City Council 2004 Summer Recess: |
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(1) Authorization to negotiate and execute a professional services contract for |
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transportation planning services with the selected consultant in an amount not to |
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exceed $156,000 from the Fruitvale Alive Environmental Justice Grant; and (04- |
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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
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The following individual spoke on Item 5 and did not indicate a position: |
From the July 13, 2004 Finance and Management agenda:
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Subject: Retirement Service Credit |
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From: Finance and Management Agency |
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Recommendation: Adopt a Resolution authorizing pre-tax payroll deduction for service credit |
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purchase from California Public Employees Retirement System (CalPERS) (04-0533) |
*Withdrawn with No New Date
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Subject: Civil Service Rules |
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From: Councilmember Brunner and Council President de La Fuente |
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Recommendation: A request to retain outside counsel to complete an update of Oakland's Civil |
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Service Rules (04-0544) |
*Withdrawn with No New Date
From the July 13, 2004 Community and Economic Development agenda:
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Subject: Oakland Business Development Corporation (OBDC) |
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From: Community and Economic Development Agency |
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Recommendation: Adopt a Resolution amending Resolution No. 77823 C.M.S. to increase the |
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amount of the contract with the Oakland Business Development Corporation (OBDC) by $80, |
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000 for a total contract amount of $395,000 during Fiscal Year 2003-2004 to continue the |
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expansion of OBDC's lending authority and provide loan servicing for the City's and |
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Redevelopment Agency's loan portfolio, and allocating $2,400 for contract compliance (04- |
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0078-1) |
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*Withdrawn and Rescheduled to *Community & Economic Development |
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Committee on 9/14/2004 |
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Subject: Small Business Growth Center |
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From: Community and Economic Development Agency |
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Recommendation: Discussion and action on a report and recommendation identifying funding |
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in the amount of $50,000 to the Small Business Growth Center (04-0502) |
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*Withdrawn and Rescheduled to *Community & Economic Development |
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Committee on 9/14/2004 |
From the July 13, 2004 Life Enrichment Committee agenda:
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Subject: Oakland Youth Commission |
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From: Department of Human Services |
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Recommendation: Receive the Annual Informational report regarding the Oakland Youth |
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Commission for the period 2003-2004 (04-0506) |
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*Withdrawn and Rescheduled to *Life Enrichment Committee on 9/14/ |
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2004 |
From the July 13, 2004 Public Safety Committee agenda:
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Subject: Update Report on Oakland's Liquor Stores |
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From: Office of the City Attorney |
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Recommendation: A Discussion and action on an updated report card with recommendations |
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on Oakland's Liquor Stores: The Good, the Bad, & the Ugly according to the Community (04- |
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0273-1) |
*Withdrawn and Rescheduled to *Public Safety Committee on 9/28/2004
S-6
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Subject: Amendment to Assembly Bill 2523 - Nuisance Evictions |
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From: Office of the City Administrator |
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Recommendation: A Discussion and possible action on a report regarding Assembly Bill 2523 |
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that would require the City Attorney to issue nuisance eviction notices, limit recovery of |
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attorney's fees payable by landlords to the City, and require response to notices in 30 days (04- |
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0578) |
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A motion was made by Member Chang, seconded by Chair De La Fuente, |
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that this matter be *Approve the Recommendation of Staff, and Forward |
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to the Concurrent Meeting of the Oakland Redevelopment Agency/City |
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Council, due back on July 6, 2004. The motion carried by the following |
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vote: |
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Abstained; 1 - Member Wan |
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Aye; 2 - Member Chang and Chair De La Fuente |
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The following individual spoke on Item S-6 and did not indicate a position: |
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The City Clerk advised the Council that at the Rules and Legislation Committee |
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of June 24, 2004 an urgency finding was made to place this item on the agenda. |
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Agency/Councilmember Chang made a motion seconded by Agency/ |
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Councilmember Wan to approve an urgency finding pursuant to Section 2.20. |
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080 E(2) regarding Item S-6 that there is a need to take immediate action which |
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came to the attention of the local body after the agenda was posted, and that the |
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need to take immediate action relates to federal or state legislation. |
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The Committee carried a motion to direct staff to withdraw the City of Oakland |
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from Assembly Bill 2523; 2 Ayes; 1 Abstain -Wan; 1 Absent -Reid |
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
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The following individual spoke under Open Forum: |
Adjournment
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There being no further business, and upon the motion duly made, the Oakland |
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City Council Rules and Legislation Committee adjourned the meeting at |
NOTE:
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Americans With Disabilities Act |
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If you need special assistance to participate in Oakland City Council and Committee meetings |
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Recorded Agenda: (510) 238-2386 |
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Telecommunications Display Device: (510) 839-6451 (TDD) |
*
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In the event a quorum of the City Council participates on this Committee, the meeting is |
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noticed as a Special Meeting of the City Council; however, no final City Council action can |
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be taken. |
City Clerk and Clerk of the Council
