LEGISLATIVE TRACKING SOFTWARE, DAYSTAR COMPUTER SYSTEMS, INC., LEGISTAR (tm): legislative tracking & management software

City of Oakland

Office of the City Clerk

Oakland City Hall

1 Frank H. Ogawa Plaza

Oakland, California
94612

Ceda Floyd, City Clerk

Online Meeting Minutes - Final

*Rules & Legislation Committee

Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612

City of Oakland Website: http://www.oaklandnet.com

Thursday, March 11, 2004

10:30 AM

City Council Chambers - 3rd Floor

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



Present:		Member Chang, Member Reid, Member Wan and Chair De La Fuente



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 1 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**

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:

Aye;

4 -

Member Chang, Member Reid, Member Wan and Chair De La

Fuente

4.1

Subject: Federal Local Law Enforcement Block Grant

From: Oakland Police Department

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

Attachments:


	*Scheduled to the Public Safety Committee**

4.2

Subject: Motorized Scooters

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

4.3

Subject: Citizen's Option For Public Safety

From: Oakland Police Department

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

Attachments:

04-0206.pdf,

Item 14.4 4-6-04.pdf,

Item 6 3-23-04.pdf,

Item 6 SUPP 3-23-04.pdf


	*Scheduled to the Public Safety Committee**

4.4

Subject: Donald Jones - Settlement Agreement

From: Office of the City Attorney

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

4.5

Subject: Assembly Bill 2318 - California Public Records Act

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**

4.6

Subject: Sandre R. Swanson

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.

4.7

Subject: Voter Approval on Local Tax Funds

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

4.8

Subject: Career to Work Program

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**

4.9

Subject: City's Head Start Advisory Panel

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**

4.10

Subject: Child Development Services Grants

From: Department of Human Services

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**

4.11

Subject: 2004 Mayor's Summer Jobs Program

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

Attachments:

04-0198.pdf


	*Scheduled to the Community & Economic Development Committee**

4.12

Subject: Oak Center Redevelopment Project Area - Public Hearing

From: Community and Economic and Development Agency

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 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**

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.pdf,

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**

4.13

Subject: Advanced Resources in Construction Services Ltd.

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.pdf


	*Scheduled to the Community & Economic Development Committee**

4.14

Subject: Controls For Signs In Specified Commercial and Industrial Zones

From: Community and Economic Development Agency

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.pdf


	*Scheduled to the Community & Economic Development Committee**

4.15

Subject: Oakland Army Base Public Trust Exchange Act

From: Community and Economic Development Agency

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**

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**

4.16

Subject: State Enterprise Zone Program

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**

4.17

Subject: Traffic Islands Project

From: Public Works Agency

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.pdf


	*Scheduled to the Public Works Committee**

4.18

Subject: High Street Access Improvements Project - Phase II

From: Public Works Agency

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**

4.19

Subject: Traffic Signal Projects

From: Public Works Agency

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 6 3-23-04.pdf


	*Scheduled to the Public Works Committee**

4.20

Subject: Lake Merritt Master Plan - Wallace Roberts & Todd, Inc.

From: Public Works Agency

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)

Attachments:

04-0208.pdf,

10.26CC.pdf,

Item 5 3-23-04.pdf


	*Scheduled to the Life Enrichment Committee**

4.21

Subject: Resurfacing of Certain Streets

From: Public Works Agency

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.pdf


	*Scheduled to the Public Works Committee**

4.22

Subject: Lease and Revenue Bonds - Interest Rate Swaps

From: Finance and Management Agency

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 5 3-23-04.pdf


	*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**

4.23

Subject: Sulphur Springs Park Re-Naming

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.pdf


	*Scheduled to the Rules & Legislation Committee**

4.24

Subject: Oakland School for the Arts

From: Office of the City Administrator

Recommendation: Adopt an Agency Resolution authorizing the Agency

Administrator to enter into a lease agreement with the Oakland School for the

Arts under which the school will pay $1,000 per month to occupy the parking

lots behind and to the west of the Fox Theater and bounded by 18th and 19th

Streets and San Pablo Avenue for a period from April 12, 2004 to July 1, 2006

for the purpose of constructing and operating the facilities necessary to house

the Oakland School for the Arts

Attachments:

Item 23 4-6-04.pdf,

Item 7 3-23-04.pdf,

Item 7 SUPP 3-23-04.pdf


	*Scheduled to the Community & Economic Development Committee**

Attachments:

Item 4 3-11-04.pdf

THERE WERE TWO ADDITIONAL SCHEDULING REQUESTS SUBMITTED UPON THE

DIAS:

Subject: March 2004 - American Red Cross Month

From: President De La Fuente

Recommendation: Adopt a Resolution proclaiming March 2004 as "American

Red Cross Month" in the City of Oakland

Attachments:

78377 CMS.pdf,

Item S-8-3 3-16-04.pdf


	Scheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Enactment No: 78377

Subject: Immigrant Women's Day

From: Councilmember Wan and Councilmember Quan

Recommendation: Adopt a Resolution honoring immigrant women on the

occasion of the Second National Immigrant Women's Leadership gathering and

declaring Friday, March 26, 2004 as "Immigrant Women's Day" in the City of

Oakland

Attachments:

78378 CMS.pdf,

Item S-8-4 3-16-04.pdf


	Scheduled to the Concurrent Meeting of the Oakland Redevelopment Agency / City Council

Enactment No: 78378

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 the additional items:

(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:

10.12

Subject: Alameda County Continuum of Care Plan

From: Department of Human Services

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

10.15

Subject: December 29, 2003 Storm Event

From: Public Works Agency

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)

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.

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:



Excused;	1 -	Member Reid



Aye;	3 -	Member Chang, Member Wan and Chair De La Fuente

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:



Excused;	1 -	Member Reid



Aye;	3 -	Member Chang, Member Wan and Chair De La Fuente

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.pdf


	Withdrawn and Rescheduled to the Finance & Management Committee

Subject: Civil Marriage for Same-Sex Couples

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

O'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)

Attachments:

04-0177.pdf,

Item 7 3-11-04.pdf,

Item 7 SUP 3-11-04,

Item S-22 3-16-04.pdf

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:



Excused;	1 -	Member Reid



Aye;	3 -	Member Chang, Member Wan and Chair De La Fuente



	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.

NOTE:

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