*Special Rules and Legislation Committee

Thursday, October 31, 2019 · 10:15 AM AM · City Council Chamber, 3rd Floor

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Agenda PDF

Agenda

CHANGES MADE TO THE PREVIOUSLY Distributed 10 DAY
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CHANGES MADE TO THE SPECIAL OAKLAND CITY COUNCIL AGENDA
18-2389 Subject: IFPTE Local 21 MOU From: Office Of The City Administrator Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Approving Memorandum Of Understanding Between The City Of Oakland And The International Federation Of Professional And Technical Engineers (“IFPTE”) Local 21, Representing Employees In Representation Units TA1, TF1, TM2, TW1, UH1, UM1, UM2, TM1, And U41, Covering The Period From Of July 1, 2019 Through June 30, 2021; And
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council to be heard 11/5/2019
18-2392 Subject: SEIU Local 1021 MOU From: Office Of The City Administrator Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. ("Salary Ordinance") To Provide A 1% Wage Increase To The Salary Schedule Of Represented Units In SB1, SC1, SD1, And SI1 Effective The First Full Pay Period After July 1, 2019; 2) Provide A 1% Wage Increase To The Salary Schedule Of Represented Units In SB1, SC1, SD1, And SI1 Effective The First Full Pay Period After November 1, 2019; 3) Provide A 1% Wage Increase To The Salary Schedule Of Represented And Unrepresented Units In SB1, SC1, SD1, SI1, IE1, TV1, U31, CON Tl1, U51, US1, UG1, UP1, UK1, And UK2 Effective The First Full Pay Period After January 1, 2020; 4) Provide A 2% Wage Increase To The Salary Schedule Of Represented Units In SB1, SC1, SD1, And SI1 Effective The First Full Pay Period After July 1, 2020; 5) Provide A 1% Wage Increase To The Salary Schedule Of Represented And Unrepresented Units In SB1, SC1, SD1, SI1, IE1, TV1, U31, CON, TL1, U51, US1, UG1, UP1, UK1, And UK2 Effective The First Full Pay Period After January 1, 2021
Ordinance
Action: Accepted

This Ordinance be Accepted.
18-2106 Subject: Modifications To Condominium Conversion Ordinance From: President Pro Tempore Kalb Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter 16.36, Condominium Conversions, To: (1) Extend The Conversion Rights Requirement To Two- To Four-Unit Residential Buildings; (2) Require That A Conversion Rights Agreement Be Recorded At Latest 60 Days After The Building Permit For The Generating Residential Building Is Issued; (3) Enhance Tenant Rights And Notice Requirements To Tenants; And (4) Make Other Modifications; And To Direct City Administrator Or Designee To Study Alternative Methods Of (A) Ensuring One-For-One Replacement Of Rental Units In The City As A Result Of Condominium Conversions And (B) Increasing Affordable Home Ownership And Reducing Displacement Of Renters Subject To Conversion; And Adopt CEQA Exemption Findings [NEW TITLE]
Ordinance
Action: Scheduled

This Ordinance be Scheduled.to go before the *Community & Economic Development Committee to be heard 12/3/2019
CHANGES TO THE NOVEMBER 12, 2019 AND NOVEMBER 14, 2019 DRAFT AGENDAS
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CHANGES MADE TO THE FINANCE AND MANAGEMENT COMMITTEE AGENDA
18-2128 Subject: Salary Ranges For The Mayor, City Attorney, And City Auditor From: Office Of The City Administrator Recommendation: Receive An Informational Report On The Range Of Salaries For The Mayor, City Attorney, And City Auditor In Conformity With The Oakland City Charter
Informational Report
Action: Scheduled

This Informational Report be Scheduled.to go before the *Finance & Management Committee to be heard 12/3/2019
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CHANGES MADE TO THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE AGENDA
18-2380 Subject: Amendments To The Oakland Fire Code, Chapter 15.12 From: Oakland Fire Department Recommendation: Adopt An Ordinance (1) Repealing Current Oakland Municipal Code Chapter 15.12, Oakland Fire Code, (2) Making Findings To Substantiate Modifications To California Building Standards Code Due To Local Climatic, Geological Or Topographical Conditions, (3) Adopting And Making Local Amendments To The 2019 Edition Of The California Fire Code, California Code Of Regulations Title 24, Part 9, And (4) Recodifying Said Code At Oakland Municipal Code Chapter 15.12 As The Oakland Fire Code And Adopting CEQA Exemption Findings
Ordinance
Action: Accepted

This Ordinance be Accepted.
CHANGES MADE TO THE PUBLIC SAFETY COMMITTEE AGENDA
18-2380 Subject: Amendments To The Oakland Fire Code, Chapter 15.12 From: Oakland Fire Department Recommendation: Adopt An Ordinance (1) Repealing Current Oakland Municipal Code Chapter 15.12, Oakland Fire Code, (2) Making Findings To Substantiate Modifications To California Building Standards Code Due To Local Climatic, Geological Or Topographical Conditions, (3) Adopting And Making Local Amendments To The 2019 Edition Of The California Fire Code, California Code Of Regulations Title 24, Part 9, And (4) Recodifying Said Code At Oakland Municipal Code Chapter 15.12 As The Oakland Fire Code And Adopting CEQA Exemption Findings
Ordinance
Action: Accepted

This Ordinance be Accepted.
18-2196 Subject: FY 2019-20 OPD Traffic Safety Grant From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Designee, To Accept And Appropriate Grant Funds In The Amount Of Five Hundred Thousand Dollars ($500,000) Dollars From The State Of California, Office Of Traffic Safety (OTS), For The Fiscal Year 2019-2020 Selective Traffic Enforcement Program (STEP) To Be Administered By The Oakland Police Department (OPD), And To Authorize The General Purpose Services Fund To Contribute Seventy One Thousand Two Hundred Twenty Two Dollars ($71,222) To Cover The Related Central Services Overhead Charges
City Resolution
Action: Withdrawn with No New Date

This City Resolution be Withdrawn with No New Date.
18-2390 Subject: IFPTE Local 21 MOU From: Office Of The City Administrator Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance No. 12187 C.M.S. ("Salary Ordinance") To Provide A 1% Wage Increase To The Salary Schedule Of Represented Units In TA1, TF1, TM2, TW1, UH1, UM1, UM2, TM1, And U41 Effective The First Full Pay Period After July 1, 2019; 2) Provide A 1% Wage Increase To The Salary Schedule Of Represented Units In TA1, TF1, TM2, TW1, UH1, UM1, UM2, TM1, AND U41 Effective The First Full Pay Period After November 1, 2019; 3) Provide A 2% Wage Increase To The Salary Schedule Of Represented Units In TA1, TF1, TM2, TW1, UH1, UM1, UM2, TM1, AND U41 Effective The First Full Pay Period After July 1, 2020; 5) Provide A 1% Wage Increase To The Salary Schedule Of Represented Units In TA1, TF1, TM2, TW1, UH1, UM1, UM2, TM1, AND U41 Effective The First Full Pay Period After January 1, 2021
Ordinance
Action: Accepted

This Ordinance be Accepted.
18-2391 Subject: SEIU Local 1021 MOU From: Office Of The City Administrator Recommendation: Adopt The Following Pieces Of Legislation: 1) A Resolution Approving Memorandum Of Understanding Between The City Of Oakland And The Service Employees International Union (“SEIU”) Local 1021, Representing Employees In Representation Units SB1, SC1, SD1, AND SI1, Covering The Period From Of July 1, 2019 Through June 30, 2021; And
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council to be heard 11/5/2019
18-2212 Subject: Affordable Housing Impact Fees From: Council President Kaplan Recommendation: Adopt Resolution Requesting The City Administrator Or Designee To Include 1) All Affordable Housing Impact Fees Deposited Into The Affordable Housing Trust Fund Up To And During This Fiscal Year Through December 31, 2019, To The Extent Not Previously Allocated, In The Next Allocation Request Submitted To The City Council For Approval Pursuant To Chapter 15.62.050, And 2) All Such Approved Allocations In The Next Notice Of Funds Availability (NOFA) Issued By The City Administrator [TITLE CHANGE]
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the *Community & Economic Development Committee to be heard 11/12/2019
18-2061 Subject: Information On Impact Fees From: Council President Kaplan Recommendation: Receive An Informational Report On The Status Of: 1) The City Of Oakland’s Current Efforts To Complete An Assessment Of The Affordable Housing, Jobs/Housing, And Transportation And Capital Improvements Impact Fee Programs From July 2016 To June 2019, And 2) Affordable Housing Impact Fee (AHIF) Collections, Budgeting For 2019/21 And Deployment
Informational Report
Action: Scheduled

This Informational Report be Scheduled.to go before the *Community & Economic Development Committee to be heard 11/12/2019
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CHANGES MADE TO THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE PENDING LIST
18-1927 Subject: Exotic Animal Performances Ban Ordinance From: Pro Tempore Kalb And Councilmember Gallo Recommendation: Adopt An Ordinance Amending Titles 1 And 6 Of The Oakland Municipal Code To Add Provisions Prohibiting In The City Of Oakland Performances Of Animals For Public Entertainment
Ordinance
Action: Scheduled

This Ordinance be Scheduled.to go before the *Community & Economic Development Committee to be heard 12/3/2019
18-2281 Subject: FY 2022-2023 Quarter 4 Update On Code Enforcement Activities From: Planning And Building Department Recommendation: Receive An Informational Report Regarding The FY 2022-23 Quarter 4 Update On The Planning And Building Department's Code Enforcement Activities
Informational Report
Action: * Withdrawn and Rescheduled

This Informational Report be * Withdrawn and Rescheduled.to go before the *Community & Economic Development Committee to be heard 12/3/2019
18-2376 Subject: Federal Opportunity Zone Designation Updates From: Economic And Workforce Development Department Recommendation: Receive An Informational Report On Opportunity Zone Designation Updates And Policy Recommendations
Informational Report
Action: * Withdrawn and Rescheduled

This Informational Report be * Withdrawn and Rescheduled.to go before the *Community & Economic Development Committee to be heard 12/3/2019
Untitled item
18-2016 Subject: OPD Custody Process And Information Form: Council President Kaplan Recommendation: Receive An Informational Report And Discussion Around Process Of Taking People Into Custody Including Overview Of OPD’s Practices, Number Of People Taken In, And Policy Ideas And Goals To Reduce The Number Of Those Taken Into Custody With Measurable Benchmarks
Informational Report
Action: * Withdrawn and Rescheduled

This Informational Report be * Withdrawn and Rescheduled.to go before the *Public Safety Committee to be heard 12/3/2019
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4 Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas (SUPPLEMENTAL)
Report and Recommendation
Action: Accepted as Amended Passed

A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted as Amended. The motion carried by the following vote:
The Oakland City Council Special Rules and Legislation Committee convened at 10:35 A.M. with Councilmember Thao presiding as Chairperson.
DEFINITION OF TERMS: Consent Item: any action item that a subject matter Committee has forwarded to the full Council with unanimous recommendation for approval and is not controversial, and does not have a high level of public interest as determined by the Rules Committee. Non-Consent Item: any action that a subject-matter Committee has forwarded to the full Council without unanimous recommendation for approval, or having a high level of public interest, or is controversial as determined by the Rules Committee. Action Item: any resolution, ordinance, public hearing, motion, or recommendation requiring official vote and approval of the City Council to be effective. Informational Item: an item of the agenda consisting only of an informational report that does not require or permit Council action.
Roll Call / Call To Order
COMMITTEE MEMBERSHIP:
1 Determinations Of Closed Session
Report and Recommendation
Action: Accepted Passed

A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted. The motion carried by the following vote:
2 There Are No Draft Minutes Approval
Report and Recommendation
3 Determination Of Schedule Of Outstanding Committee Items
Report and Recommendation
Action: Accepted Passed

A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted. The motion carried by the following vote:
4 Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas (SUPPLEMENTAL)
Report and Recommendation
Action: Accepted as Amended Passed

A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted as Amended. The motion carried by the following vote:
4.1 Subject: Equal Access Ordinance Annual Report From: Human Resources Management Department Recommendation: Receive An Informational Report Regarding The Annual Equal Access To Services Ordinance Compliance Report For Fiscal Year 2018-19
Informational Report
Action: Scheduled

This Informational Report be Scheduled.to go before the Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council to be heard 11/5/2019
4.2 Subject: Salary Amendments For Certain Unrepresented Employees From: Human Resources Management Department Recommendation: Adopt An Ordinance Amending Ordinance No. 13543 C.M.S., Which Amended The Salary Schedule Of Ordinance No. 12187 C.M.S. (“Salary Ordinance”), To Correct The Salary Information For Certain Unrepresented Employees In Representational Units Ur1 (Fire Chief) And Uu1 (Deputy Chief And Assistant Chief Of Fire)
Ordinance
Action: Scheduled

This Ordinance be Scheduled.to go before the Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council to be heard 11/5/2019
4.3 Subject: Vacant Property Tax Rates Setting From: Finance Department Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Establishing Tax Rates For Properties Subject To The Vacant Property Tax For Calendar Year 2019
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council to be heard 11/5/2019
4.4 Subject : 2019 Arbor Day Resolution From: Oakland Public Works Department Recommendation: Adopt A Resolution Proclaiming Thursday, November 21, 2019, To Be The City Of Oakland’s Arbor Day 2019 And Authorizing An Official Tree Planting Ceremony At Defremery Park
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the * Concurrent Meeting of the Oakland Redevelopment Successor Agency and the City Council to be heard 11/19/2019
4.5 Subject: Francisco & Associates, Inc. Contract Amendment- District Engineer From: Finance Department Recommendation: Adopt A Resolution Approving 1) Amendment Of A Professional Services Agreement Regarding Engineering Services For Various Local Measures With Francisco & Associates, Inc. To Increase The Not-To-Exceed Contract Amount To Five Hundred Fifty Thousand Dollars ($550,000.00); 2) Extension Of The Term Of The Agreement To Calendar Year 2023 And, If Appropriate, For Two Additional Years; And 3) Waiver Of Advertising, Competitive Bidding, And Request For Proposals/Qualifications Selection Requirements
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the *Finance & Management Committee to be heard 11/12/2019
4.6 Subject: Budget Advisory Commission (BAC) Budget Process Recommendations From: Finance Department Recommendation: Receive A Report From The Budget Advisory Commission (BAC) On Recommendations For Continual Improvement Of The Budget Process, And Staff Response To Those Recommendations
Informational Report
Action: Scheduled

This Informational Report be Scheduled.to go before the *Finance & Management Committee to be heard 11/12/2019
4.7 Subject: Leimart Boulevard Bridge Retrofit Project From: Transportation Department Recommendation: Adopt A Resolution Waiving Further Competitive Request For Proposal (RFP) Requirements And Increasing The Contract With Biggs Cardosa Associates By Two Hundred Forty-Nine Thousand Four Hundred Nine Dollars And Twenty Cents ($249,409.20) For A Total Contract Amount Not-To-Exceed One Million Five Hundred Thirty Thousand Two Hundred Seventy-Nine Dollars And Twenty Cents ($1,530,279.20) For The Leimert Boulevard Bridge Seismic Retrofit Project
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the *Public Works Committee to be heard 11/12/2019
4.8 Subject: Affordable Housing Impact Fee Ordinance From: Council President Kaplan Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter 15.72 To Provide An Incentive For Full Early Payment Of The Affordable Housing Impact Fees Equal To A 5% Discount Of The Total Impact Fees Owed And To Add A Provision Enabling Those Who Have Already Paid The First Installment To Also Receive A 5% Discount, And Amending Oakland Municipal Code Chapter 15.62 To Require Additional Information To Be Included In The Annual Impact Fee Report [TITLE CHANGE]
Ordinance
Action: Scheduled

This Ordinance be Scheduled.to go before the *Community & Economic Development Committee to be heard 11/12/2019
4.9 Subject: Rent Adjustment Program/AB 1482 Enforcement and Implementation Report From: President Pro Tempore Kalb Recommendation: Receive An Informational Report On Local Enforcement And Implementation Of AB 1482, The Tenant Protection Act Recently Chaptered Into State Law, On Oakland Renters And Landlords Including, But Not Limited To, Which Categories Of Units In Oakland Are Newly Covered By This State Law, What The City Of Oakland Is Doing To Inform Newly Impacted Landlords And Tenants About This New Law, What Oakland’s Rent Adjustment Program Can Do To Enforce Its Provisions, And Recommendations, If Any, To The City Council On What The Council Should Do To Enable Such Enforcement
Informational Report
Action: Scheduled

This Informational Report be Scheduled.to go before the *Community & Economic Development Committee
4.10 Subject: Designating Wildfire Prevention A Top Priority For The City Of Oakland From: Councilmember Thao Recommendation: Adopt A Resolution Designating Wildfire Prevention A Top Priority For The City Of Oakland And Requesting The City Administrator To Present A Comprehensive Report To The Public Safety Committee That Addresses Oakland’s Wildfire Prevention Strategies And Planning For Oakland’s Wildland Urban Interface
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the *Public Safety Committee to be heard 11/12/2019
4.11 Subject: A Resolution In Support Of Senate Bill 378 (Wiener) From: Councilmember Thao, Kalb And Mayor Schaaf Recommendation: Adopt A Resolution Supporting Senate Bill 378 (Wiener) That Would: (1) Require PG&E To Create A Fund To Reimburse Customers And Local Governments For Power Shutoff Costs, (2) Impose Civil Penalties On PG&E For Shutoffs, (3) Require PG&E To Annually Report On Condition Of Its Equipment, The Economic, Environmental And Public Safety Impacts Of Shutoffs And Fire And Safety Risks, And (4) Encourage New Electrical Service Options
City Resolution
Action: Scheduled

This City Resolution be Scheduled.to go before the *Rules & Legislation Committee to be heard 11/14/2019
5 A Review Of The Draft Agendas For The Council Committee Meetings Of November 12, 2019 And The Rules And Legislation Committee Of November 14, 2019
Report and Recommendation
Action: Accepted as Amended Passed

A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Accepted as Amended. The motion carried by the following vote:
The Item Regarding "Adopt Police Commission Ballot Measure Revise" was removed from this agenda at the Rules And Legislation Committee of October 24, 2019.
S7 Subject: Eliminate Obsolete Requirements For The City’s Official Newspaper From: Council President Kaplan Recommendation: Adopt A Resolution On The City Council’s Own Motion Submitting To The Voters At The March 3, 2020 Special Municipal Election, An Amendment To City Charter Article XII, Section 1205, To Eliminate Obsolete Requirements For Designating The City’s Official Newspaper And Requiring That The Council Establish By Ordinance Requirements For Designating The City’s Official Newspaper Or Newspapers, And Directing The City Clerk To Take All Actions Necessary Under Law To Prepare For And Conduct A March 3, 2020 Municipal Election
City Resolution
Action: Approved the Recommendation of Staff, and Forward Passed

A motion was made by Rebecca Kaplan, seconded by Sheng Thao, that this matter be Approved the Recommendation of Staff, and Forward to go before the Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council, to be heard 11/5/2019. The motion carried by the following vote:
S8 Subject: Ballot Measure - Appropriations Limit Increase From: Finance Department Recommendation: Adopt A Resolution On The City Council’s Own Motion Submitting To The Voters At A March 3, 2020 Municipal Election, An Ordinance To Increase The Appropriation Limit For Fiscal Years 2020-21 Through 2023-24 To Allow The City To Expend Funds Collected From Eight Voter-Approved General And Special Tax, Ballot Measures - For Emergency Medical Services, Paramedic Services, Library Services, Public Safety And Violence Prevention Services, Homeless Services And Other Lawful Governmental Purposes; And Directing The City Clerk To Take All Actions Necessary Under Law To Prepare For And Conduct A March 3, 2020 Municipal Election
City Resolution
Action: Approved as Amended the Recommendation of Staff, and Forward Passed

A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter be Approved as Amended the Recommendation of Staff, and Forward to go before the Special Concurrent Meeting of the Oakland Redevelopment Successor Agency/City Council, to be heard 11/5/2019. The motion carried by the following vote:
S9 Subject: Parcel Tax For Parks Maintenance And To Address Homelessness From: Oakland Public Works Department Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting To The Voters At The March 3, 2020 Special Municipal Election, An Ordinance To Adopt A Special Parcel Tax To Maintain And Improve City Of Oakland Parks And Recreational Facilities, Provide Services To Unhoused/ Unsheltered Persons, Reduce Trash And Litter Pollution In The City’s Watershed And Storm Drain System; And Directing The City Clerk To Take All Actions Necessary Under Law To Prepare For And Conduct A March 3, 2020 Special Municipal Election
City Resolution
Action: Continued

This City Resolution be Continued.to go before the *Rules & Legislation Committee to be heard 11/7/2019
Open Forum (Total Time Available: 15 Minutes)
Adjournment
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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.

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