Meeting Minutes
City of Oakland
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Oakland, California 94612 |
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LaTonda Simmons, City Clerk |
*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, May 31, 2007
10:30 AM
City Council Chambers - 3rd Floor
Roll Call / Call to Order
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Present: Vice Mayor Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
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The Oakland City Council Rules and Legislation Committee convened at 10:45 |
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AM, with Council President De La Fuente presiding as Chairperson. |
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Closed Session
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The office of the City Attorney scheduled a Closed Session for Tuesday, June 5, |
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2007 from 1:30 PM to 3:30 PM |
2
Approval of the Draft Minutes from the Committee meeting of May 17, 2007
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A motion was made by Vice Mayor Chang, seconded by Member Brunner, |
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to *Approve the Minutes. The motion carried by the following vote: |
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Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
3
Determination of Schedule of Outstanding Committee Items
There was no action necessary for this item
4
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Scheduling of Agenda Items and revisions to the agenda for the ORA/City Council meeting |
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of June 5, 2007 (SUPPLEMENTAL) |
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A motion was made by Vice Mayor Chang, seconded by Member Reid, to |
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*Approve as Submitted. The motion carried by the following vote: |
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Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
S-4-1
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Subject: Contra Costa Sheriff - Services Agreement |
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From: Oakland Police Department |
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Recommendation: A Request To Withdraw From The June 12, 2007 Public Safety |
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Committee A Resolution Authorizing A Professional Services Agreement In An |
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Amount Not To Exceed One Hundred Thousand Dollars ($100,000) With The |
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County Of Contra Costa, Office Of The Sheriff, Forensic Services Division, For The |
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Period January 1, 2007 To June 30, 2008, For Latent Print Comparison And |
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Identification Services On Behalf Of The Police Department; And Reschedule To |
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The June 26, 2007 Public Safety Committee |
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Reason: Additional time needed to complete contract negotiations. |
*Withdrawn and Rescheduled to *Public Safety Committee on 6/26/2007
S-4-2
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Subject: Minor Conditional Use Permit - City Slicker Farms |
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From: Councilmember Nancy Nadel |
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Recommendation: Adopt A Resolution Endorsing An Application For A Minor |
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Conditional Use Permit To, And Authorizing The City Administrator To Execute An |
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Operating Agreement With, City Slicker Farms, A Fiscally-Sponsored Project Of |
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Oakland Based Urban Gardens (OBUGS), A 501(C)3 Non-Profit Organization, For |
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A Community Market Farm At Two Triangle-Shaped Plots Of City-Owned Land |
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Located Within The Area Formed By The Intersections Of Haven, Fitzgerald, And |
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Peralta Streets And Bisected By 34th Street; On The July 10, 2007 Life Enrichment |
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Committee |
Scheduled to *Life Enrichment Committee on 7/10/2007
S-4-3
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Subject: Intercity Rail Amtrak Platform Project |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution To Reallocate The Unspent Balance Of |
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Agency Funds Remaining From The Design And Construction Of The Intercity Rail |
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Amtrak Platform Project Towards Funding The Construction Of The PG&E Rule |
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20-B San Leandro Street Utility Underground Project In The Amount Of $817,900; |
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On The July 10, 1007 Community And Economic Development Committee Agenda |
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Scheduled to *Community & Economic Development Committee on |
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7/10/2007 |
S-4-4
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Subject: Jack London Gateway Shopping Center Project |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Amending Resolution No. 78127 C.M.S. To |
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Authorize The Conversion Of A $2.1 Million Grant To Jack London Gateway |
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Associates For The Jack London Gateway Shopping Center Project At Ninth And |
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Market Streets To A No Interest Loan; On The July 10, 2007 Community And |
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Economic Development Committee Agenda |
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Scheduled to *Community & Economic Development Committee on |
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7/10/2007 |
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The following individual(s) spoke and did not indicate a position on this item: |
S-4-5
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Subject: Revocable And Conditional Permit - 1408 11th Avenue |
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From: Community and Economic Development Agency |
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Recommendation: Adopt A Resolution Granting Don Ho And Judy My Chan Chu A |
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Revocable And Conditional Permit For An Existing Building At 1408 11th Avenue |
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To Allow A Vault And Electrical Transformer To Encroach Under The Public |
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Sidewalk; On The June 26, 2007 Public Works Committee Agenda |
Scheduled to *Public Works Committee on 6/26/2007
S-4-6
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Subject: Development Appeal - 5300 San Pablo Avenue |
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From: Community and Economic Development Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A |
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Resolution Denying The Appeal And Upholding The Planning Commission |
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Approval For Case File Number DV06-220 & TPM-9153 (Construction Of 32 |
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Dwelling Units Over Ground Floor Commercial At 5300 San Pablo Avenue); On |
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The July 17, 2007 City Council Agenda |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 7/17/2007 |
S-4-7
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Subject: Development Appeal - 4801 Shattuck Avenue |
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Froom: Community and Economic Development Agency |
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Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The |
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Following Pieces Of Legislation: |
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1) A Resolution Denying The Appeal And Upholding The Planning Commission |
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Approval For Case File Number CMDV06-425 & TPM-9235 (Construction Of 44 |
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Dwelling Units At 4801 Shattuck Avenue); And |
Continued to *Rules & Legislation Committee on 6/7/2007
for scheduling with second piece of legislation
S-4-8
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Subject: Building Sewer Dangerous Condition |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Confirming The Administrative Hearing |
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Finding That A Dangerous And Insanitary Condition Exists At The Building Sewers |
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Serving 4511 Market Street, 4100 Terrace Street, 2963 Morcom Avenue, 3843 |
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Martin Luther King Jr Way, 2969 Morcom Avenue, 2110 47th Avenue, 2623 106th |
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Avenue, And 1518 89th Avenue; On The July 10, 2007 Public Works Committee |
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Agenda |
Scheduled to *Public Works Committee on 7/10/2007
S-4-9
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Subject: Building Sewer Conditions In Oakland |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Confirming The Report Of Assessment For |
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The Abatement Of Dangerous And Insanitary Building Sewer Conditions |
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Throughout The City Of Oakland; On The July 10, 2007 Finance And Management |
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Committee Agenda |
Scheduled to *Finance & Management Committee on 7/10/2007
S-4-10
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Subject: Underground Utility District No. 235 - Establishment |
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From: Public Works Agency |
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Recommendation: Adopt A Resolution Establishing Underground Utility District No. |
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235: Coliseum BART Station Area Underground Utility District Which Includes San |
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Leandro Street, Between 66th And 73rd Avenues, And 73rd Avenue, Between San |
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Leandro Street And The Inter-City Railway Station, To Be Funded Under California |
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Public Utilities Commission (CPUC) Rule 20B And Pursuant To Ordinance No. |
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7769 C.M.S. And Authorizing The City Administrator To Pay PG&E One Million |
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Nine Hundred Thousand Dollars ($1,900,000) Up Front For The Construction Of |
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The Project, As Well As Act As Trench Lead. And To Come Back To Council For |
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Permission To Award Contract For Panel Conversion; On The July 10, 2007 Public |
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Works Committee Agenda |
Scheduled to *Public Works Committee on 7/10/2007
S-4-11
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Subject: Underground Utility District No. 235 - Intention |
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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 No. 235: Coliseum Bart Station Area Underground Utility District |
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Which Includes San Leandro Street, Between 66th And 73rd Avenues, And 73rd |
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Avenue, Between San Leandro Street And The Inter-City Railway Station, To Be |
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Funded Under California Public Utilities Commission (CPUC) Rule 20B; And To |
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Set A Public Hearing For July 17, 2007; On The July 10, 2007 Public Works |
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Committee Agenda |
Scheduled to *Public Works Committee on 7/10/2007
and as a Public Hearing on the July 17, 2007 City Council agenda
S-4-12
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Subject: Tellus Venture Associates - Professionals Services Agreement |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Authorizing The City Administrator To |
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Negotiate And Execute A Professional Services Agreement With Tellus Venture |
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Associates To Conduct A Thorough Wireless Broadband Assessment Process For |
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The City Of Oakland For An Amount Not To Exceed $150,000; On The June 26, |
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2007 Finance And Management Committee Agenda |
Scheduled to *Finance & Management Committee on 6/26/2007
S-4-13
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Subject: Concentra Health Services Agreement |
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From: Finance And Management Agency |
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Recommendation: Adopt Resolutions Authorizing An Agreement Between The City |
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And Concentra Health Services To Provide For A Period Of Two Years |
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Occupational Medical Services For An Amount Not To Exceed $500,000 Plus A 3% |
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Contract Compliance Fee Equal To $15,000 And To Provide Workers' |
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Compensation Medical Services In Accordance With The Negotiated Discounts |
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Below The State's Official Medical Fee Schedule And With Acceptable Service To |
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Extend This Contract For Three Additional Two-Year Terms In Amounts Not To |
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Exceed $500,000 For Fiscal Years 2009-2011, And The Same Amount For Fiscal |
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Years 2011-2013 And Fiscal Years 2013 -2015; On The June 26, 2007 Finance And |
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Management Committee Agenda |
Scheduled to *Finance & Management Committee on 6/26/2007
S-4-14
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Subject: Printing Equipment - Replacement |
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From: Finance and Management Agency |
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Recommendation: Adopt A Resolution Appropriating Two Hundred Fifty Thousand |
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Dollars ($250,000) From Reproduction Fund (4300) Fund Balance For The |
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Purchase Of Replacement Printing Equipment; On The June 26, 2007 Finance And |
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Management Committee Agenda |
Scheduled to *Finance & Management Committee on 6/26/2007
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The following individual(s) spoke and did not indicate a position on this item: |
S-4-15
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Subject: Sprint/Nextel Agreement |
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From: Finance and Management Agency |
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Recommendation: Adopt The Following Pieces Of Legislation: |
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1) A Resolution Authorizing The City Administrator Or Her Designee To 1) Waive |
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The Request For Proposals Competitive Selection Process And Negotiate And |
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Execute An Agreement With Sprint/Nextel Communications For The Replacement, |
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Retuning, Upgrade And Modification Of The City's 800 Mhz Radio Equipment Per |
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The FCC Rebanding Agreement; And |
Scheduled to *Public Safety Committee on 6/12/2007
S-4-16
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Subject: Parking Ordinance Amendment |
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From: Finance and Management Agency |
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Recommendation: Adopt An Ordinance Amending Oakland Municipal Code |
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Sections 10.36.010 "Parking Meter Defined," 10.36.020 "Parking Meter |
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Installation-Painting Of Lines," 10.36.030 "Deposit Of Coins - Amount Of Coins |
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Corresponds To Value Of Coins," 10.36.050 "Parking Meter Indication That Space |
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Is Illegally In Use," 10.48.010 "Scheduling Of Parking Fines" To Apply To |
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Pay-And-Display Parking Meters And Adding Section 10.36.015 "Acceptable Card |
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And Pay-And-Display Meter Defined" |
Scheduled to *Finance & Management Committee on 6/12/2007
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The following individual(s) spoke and did not indicate a position on this item: |
S-4-17
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Subject: Berendo Solutions - Service Agreement |
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From: Oakland Police Department |
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Recommendation: Adopt A Resolution Waiving The Competitive Request For |
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Proposal/ Qualifications Process And Authorizing The City Administrator, On |
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Behalf Of The City Of Oakland, To Enter Into A Service Agreement In An Amount |
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Not To Exceed Two Hundred Fifty Thousand Dollars ($250,000) With Berendo |
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Solutions, Inc. For The Purchase Of Automated Citation Writer Software On Behalf |
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Of The Police Department; On The June 26, 2007 Public Safety Committee Agenda |
Scheduled to *Public Safety Committee on 6/26/2007
S-4-18
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Subject: Education Partnership Meeting |
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From: Office of the City Administrator |
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Recommendation: Schedule An Education Partnership Committee Meeting With |
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One Agenda Item: Informational Report On The Creation Of A State-Of-The-Art |
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Oakland Education Complex; For June 26, 2007 |
Approved
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The following individual(s) spoke and did not indicate a position on this item: |
ADDITIONAL ITEMS SUBMITTED ON THE DAIS
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Subject: Skyline High School Tennis Team - Recognition |
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From: Vice Mayor Chang And Councilmember Quan |
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Recommendation: A Presentation By Vice Mayor Chang And Councilmember Jean Quan Of A |
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Proclamation Congratulating Skyline High School Tennis Team For Winning The Oakland |
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Athletic League Championship |
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Scheduled to Concurrent Meeting of the Oakland Redevelopment Agency / |
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City Council on 6/5/2007 |
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Subject: Mural On Fruitvale Avenue |
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From: Council President De La Fuente |
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Recommendation: Adopt A Resolution From the Oakland City Council Supporting The |
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Installation Of A Mural On Fruitvale Avenue At The Highway 880 Overpass And Assuming |
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Responsibility For Its Maintenance And Upkeep |
Scheduled to *Public Works Committee on 6/12/2007
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Subject: Fiscal Accountability And Transparency |
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From: Councilmember Jean Quan |
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Recommendation: Adopt The Following Pieces Of Legislation: |
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1) A Resolution Establishing Rules And Reporting Requirements To Enhance Fiscal |
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Accountability And Transparency As Follows: (1) Policy And Rules Regarding Substantial Or |
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Material Alteration Of Funding Allocations In A Policy Budget, And A Policy Regarding The |
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Transfer Of Funds Budgeted To Personnel Accounts; (2) Policy And Rules For Pay-Go Account |
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Expenditures And Grants And Project Priority Fund Expenditures And Grants; (3) Approved List |
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Of Organizations For The Purchase Of Event Tables; And (4) Annual Reporting Of All City Of |
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Oakland-Funded Travel Expenditures; And |
Scheduled to *Finance & Management Committee on 6/12/2007
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2) An Agency Resolution Establishing Rules And Reporting Requirements To Enhance Fiscal |
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Accountability And Transparency AS Follows: (1) Approved List Of Organizations For The |
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Purchase Of Event Tables; And (2) Annual Reporting Of All City Of Oakland-Funded Travel |
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Expenditures |
Scheduled to *Finance & Management Committee on 6/12/2007
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Subject: Purchasing Ordinance Amendment |
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From: Office of the City Auditor |
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Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Title 2.04 |
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("Purchasing Ordinance") To Add Section 2.04.____ Authorizing The City Auditor To Purchase |
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Professional Services Necessary To Carry Out The Duties Of The Office |
Scheduled to *Finance & Management Committee on 6/12/2007
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Subject: Strategy To Eliminate Exploitation Of Minors |
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From: Council President De La Fuente |
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Recommendation: Action On A Report From The Oakland Police Department On Their Past |
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Efforts And Current Strategy To Eliminate The Escalation Of Prostitution And Sexual |
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Exploitation Of Minors In Various Districts Throughout Oakland |
Scheduled to *Public Safety Committee on 7/10/2007
5
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A review of the Agendas for the Council Committees for the meeting(s) of June 12, 2007 |
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and the Rules and Legislation Committee for the meeting of June 14, 2007 |
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A motion was made by Vice Mayor Chang, seconded by Member Reid, to |
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*Approve as Submitted. The motion carried by the following vote: |
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Aye; 4 - Vice Mayor Chang, Member Reid, Member Brunner and Chair De La |
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Fuente |
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The following individual(s) spoke and did not indicate a position on this item: |
6
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Subject: Lobbyist Registration Act Amendment |
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From: Public Ethics Commission |
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Recommendation: Adopt An Ordinance Amending Chapter 3.20 Of The Oakland Municipal |
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Code To Require That Local Governmental Lobbyists Publicly Disclose Their Campaign |
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Fundraising Activities |
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*Approve the Recommendation of Staff, and Forward to Concurrent |
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Meeting of the Oakland Redevelopment Agency / City Council on 6/5/2007 |
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The following individual(s) spoke and did not indicate a position on this item: |
7
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Subject: Townsend Public Affairs - Report |
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Recommendation: Receive An Informational Report From The City's State Lobbyist, Townsend |
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Public Affairs, On The Status Of The City's State Legislative Agenda |
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*Received and Forwarded to Concurrent Meeting of the Oakland |
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Redevelopment Agency / City Council on 6/5/2007 |
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The following individual(s) spoke and did not indicate a position on this item: |
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
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The following individual(s) 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 at11:50 |
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AM |
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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please contact the Office of the City Clerk. When possible, please notify the City Clerk 48 hours |
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prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in |
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compliance with Oakland's policy for people with environmental illness or multiple chemical |
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sensitivities, please refrain from wearing strongly scented products to meetings. |
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Office of the City Clerk - Agenda Management Unit |
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Recorded Agenda: (510) 238-2386 |
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Telecommunications Display Device: (510) 839-6451 |
*
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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
