Thursday, September 29, 2022
10:30 AM
City of Oakland
Office of the City Clerk
Oakland City Hall,
1 Frank H. Ogawa Plaza, Room 201
Oakland, California 94612
Virtual Tele- Conference Via Zoom
*Rules & Legislation Committee
Meeting Agenda - SUPPLEMENTAL
Please See The Agenda To Participate In The Meeting
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
Pursuant to California Government Code Section 54953(e ), the City Council has found that an imminent risk to the health of attendees due to the COVID-19 pandemic continues to exist. Therefore, all City Councilmembers will participate in the meeting via phone/video conference without notice of their teleconference locations
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
PUBLIC PARTICIPATION
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September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
COMMITTEE MEMBERSHIP:
*Council President Nikki Fortunato Bas, District 2; Councilmember Carroll Fife, District 3; Councilmember Dan Kalb, District 1; Chairperson: President Pro Tempore Sheng Thao, District 4
Roll Call / Call To Order
1 PUBLIC COMMENT: COMMENTS ON ALL ITEMS WILL BE TAKEN AT THIS TIME.
COMMENTS FOR ITEMS NOT ON THE AGENDA WILL BE TAKEN DURING OPEN FORUM
Approval Of The Draft Minutes From The Committee Meeting Of September 15, 20222 22-0711
View ReportAttachments:
3 New Scheduling Items
Subject: Amendments To Council’s Temporary Rules Of Procedure From: Council President Bas
Recommendation: Adopt A Resolution Amending The Council's Temporary Rules Of Procedure Set Forth In Resolution No. 88266 C.M.S., (Except For Modifications To Rule 25, The “High Stakes Negotiations Policy” Approved By Resolution No. 88785 C.M.S.), Which Establish Guidelines For Council And Council Committee Meetings And Requirements During The Period Of The Local Emergency Declared By The City Administrator On March 9, 2020 And Confirmed By City Council Resolution No. 88075 C.M.S. On March 12, 2020, To: (1) Establish More Frequent Committee Meetings; (2) Clarify How Long Members Of The Public Have To Raise Their Hands To Advise The Council And City Clerk That They Wish To Comment On Agenda Items; (3) Clarify The Process For Requesting Scheduling Of Items Via Rule 28; (4) Establish A Policy Regarding When Councilmembers Should Have Their Cameras On During Teleconference Meetings; And (5) Make Non-Substantive Technical Edits; And Setting Forth In Their Entirety The Rules Of Procedure As Amended By This Resolution; On The October 4, 2022 Special City Council Agenda On Non-Consent
3.1 22-0777
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
Subject: Amending Agreements Between The City And EOYDC From: Office Of The City Attorney
Recommendation: Adopt A Resolution:
1) Amending Resolution No. 89376 C.M.S. To Add Building Opportunities For Self-Sufficiency (BOSS) As The Fiscal Sponsor For Grantee “Family Support Advocates” And To Add The Social Good Fund Inc. As The Fiscal Sponsor For Grantee “Homies Empowerment”;
2) Ratifying Resolution Nos. 88678, 88921, 89245 And 89376 C.M.S., Which Authorized Grant Agreements Between The City Of Oakland And The East Oakland Youth Development Center (“EOYDC”), To The Extent Necessary To Resolve Any Potential Conflicts Of Interest Related To Councilmember Treva Reid’s Remote Interest In EOYDC; And
3) Ratifying Such Grant Agreements Between The City Of Oakland And EOYDC; On The October 4, 2022 Special City Council Agenda On Non Consent
3.2 22-0781
Subject: 2021/22 Consolidated Annual Performance & Evaluation Report From: Housing And Community Development Department
Recommendation: Receive The City Of Oakland’s Consolidated Annual Performance And Evaluation Report For Fiscal Year 2021/22 Community Development Block Grant, Home Investment Partner Ships, Housing Opportunities For Persons With HIV/AIDS, Emergency Solutions Grants Programs And Activities Administered Under Coronavirus Aid Relief & Economic Security Act Funds Allocated Under The Community Development Block Grant, And Housing Opportunities For Persons With HIV/AIDS And Emergency Solutions Grant Programs; On The October 18, 2022 City Council Agenda As A Public Hearing
3.3 22-0765
Subject: Oakland Asian Cultural Center Lease And Ten-Year Grant Agreement From: Economic And Workforce Development Department
Recommendation: Adopt The Following Pieces Of Legislation 1) An Ordinance (A) Authorizing The City Administrator To Negotiate And Execute A 10-Year Lease With API Cultural Center, Inc. Of The Condominium Located At 388 9th Street, Suite 290, With One 5-Year Administrative Option To Extend And Rent Of One Dollar ($1) Per Year For Operation And Management Of The Oakland Asian Cultural Center, And (B) Adopting California Environmental Quality Act Findings; And
3.4 22-0768
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
2) A Resolution Awarding A Ten (10) Year Grant To API Cultural Center, Inc. To Support The Operation And Programs Of The Oakland Asian Cultural Center In Annual Amounts Of Two Hundred Thousand Dollars ($200,000), Subject To Funding Availability; On The October 18, 2022 City Council Agenda On Non-Consent
22-0769
Subject: Appraisals For Proposed Homekey Project
From: Vice Mayor Kaplan
Recommendation: Adopt A Resolution Appropriating And Allocating An Amount Not To Exceed $20,000 From The General Fund For Fiscal Year 2022-2023 To Retain An Independent Appraiser To Appraise City Land At 9481 Edes Avenue And 606 Clara Street Intended For A Possible Future Project Under The State Of California Homekey Program; On The October 18, 2022 City Council Agenda On Consent
3.5 22-0778
Subject: Amend ABC Security Service Inc. Contract To Increase Spending Authority From: Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To: (1) Increase The Security Contract Amount By Four Hundred Thousand Dollars Per Month ($400,000.00) On A Month-To-Month Basis, For Up To Four (4) Months In A Total Amount Not To Exceed One Million, Six Hundred Thousand Dollars ($1,600,000.00) Until Request For Proposal Number 269336 Is Awarded; And (2) Waive The Competitive Request For Proposal/Qualification Selection Requirement; On The October 18, 2022 City Council Agenda On Consent
3.6 22-0779
Subject: Lend A Hand Foundation 25th Anniversary
From: Councilmember Reid
Recommendation: Adopt A Resolution Commemorating The 25th Anniversary Of The Lend A Hand Foundation And Their Impactful Legacy Of Supporting Children, Youth, And Families In East Bay Area; On The October 18, 2022 City Council Agenda As Ceremonial
3.7 22-0780
Subject: Expand Gender Pay Equity And The Protection Of The Rights Of Women From: Councilmember Reid
Recommendation: Adopt A Resolution In Support Of Senate Bill 1162 (Limόn) Requiring The Disclosure Of Salary Ranges On Job Listings And Expands Pay Data Reporting Requirements And Assembly Bill 1287 (Bauer-Kahan) Prohibiting The Discriminatory “Pink Tax” On Products Marketed To Women: On The October 18, 2022 City Council Agenda On Consent
3.8 22-0782
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
Subject: Modernizing Commercial Loading
From: Transportation Department
Recommendation: Adopt The Following Pieces Of Legislation; 1) Adopt An Ordinance Amending Ordinance No. 13654 C.M.S (Which Adopted The Fiscal Year 2022-23 Master Fee Schedule), As Amended, To Establish Fees For Commercial Vehicle Loading Zone Permits; And
3.9 22-0770
2) Adopt A Resolution (A) Waiving The Multi-Step Proposal Solicitation Requirement And Amending And Extending The Professional Services Agreement With Populus Technologies, Inc. (“Populus”) For A Term Of One Year In An Amount Not To Exceed Two Hundred Fifty Thousand Dollars ($250,000) For Mobility Management Software And The Reimbursement Of Parking Transaction Fees Charged To Commercial Vehicle Loading Zone Permit Holders And (B) Appropriating Anticipated Revenues Of Up To $235,00.00 Per Year And Corresponding Ongoing Expenses Of Up To $235,00.00 Per Year For Reimbursement Of Parking Payment Transaction Fees To Commercial Vehicle Loading Zone Permit Holders; On The October 25, 2022 Special Public Works Committee Agenda
22-0771
Subject: 2021 Citywide Paving Contracts
From: Transportation Department
Recommendation: Adopt The Following Pieces Of Legislation; 1) A Resolution Rejecting All Bids, Waiving Further Advertising And Competitive Bidding, And Authorizing The City Administrator, Or Designee, To Negotiate In The Open Market For 2021 As-Needed Pavement Rehabilitation Services (Project 1006103); And Authorizing The City Administrator To Award Construction Contracts To 1) Gallagher & Burk, 2) Mcguire & Hester And 3) O.C. Jones & Sons, Provided That All Meet The Contractor’s Bid Schedule Of The Lowest Responsible Bid Of Gallagher & Burk, For 2021 As-Needed Pavement Rehabilitation Services (Project Number 1006103) In Accordance With The Project Plans And Specifications And The Lowest Responsive, Responsible Bidder In An Amount Not To Exceed Fifteen Million, Twenty-Three Thousand, Two Hundred And Fifty Dollars ($15,023,250.00), Contingent Upon Availability Of Funds, And Adopting Appropriate California Environmental Quality Act (CEQA) Findings; And
3.10 22-0772
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
2) A Resolution Rejecting All Bids, Waiving Further Advertising And Competitive Bidding, And Authorizing The City Administrator, Or Designee, To Negotiate In The Open Market For 2021 As-Needed Pavement Rehabilitation Services (Project 1006104); And Authorizing The City Administrator To Award A Construction Contract For 2021 As-Needed Pavement Rehabilitation Services (Project 1006104) To Gallagher & Burk, The Lowest Responsive, Responsible Bidder In Accordance With The Project Plans And Specifications And Contractor’s Bid In An Amount Not To Exceed Fifteen Million, Twenty-Three Thousand, Two Hundred And Fifty Dollars ($15,023,250.00), Contingent Upon Availability Of Funds, And Adopting Appropriate California Environmental Quality Act (CEQA) Findings; And
22-0773
3) A Resolution Rejecting All Bids, Waiving Further Advertising And Competitive Bidding, And Authorizing The City Administrator, Or Designee, To Negotiate In The Open Market For 2021 As-Needed Pavement Rehabilitation Services (Project 1006105); And Authorizing The City Administrator To Award A Construction Contract For 2021 As-Needed Pavement Rehabilitation Services (Project 1006105) To Gallagher & Burk, The Lowest Responsive, Responsible Bidder In Accordance With The Project Plans And Specifications And Contractor’s Bid In An Amount Not To Exceed Five Million, Seven Hundred Fifty-Seven Thousand, Nine Hundred Seventy-Seven Dollars, And Fifty Cents ($5,757,977.50), Contingent Upon Availability Of Funds, And Adopting Appropriate California Environmental Quality Act (CEQA) Findings; On The October 25, 2022 Special Public Works Committee Agenda
22-0774
Subject: Status Of Payments To Workforce Development Organizations From: Vice Mayor Kaplan
Recommendation: Receive An Informational Report On Workforce Development Organizations Subject To The Oversight Of The Oakland Workforce Development Board From The City Administrator On The Following: (1) Status Of City Reimbursements, Including Dates Invoices Were Received And Dates Reimbursements Were Issued From January 2022 To Present; (2) Status Of FY 2022-2023 Contracts, Including Dates Of Council Approval And Dates Of Final Contract Execution; And (3) Recommendations And Steps Taken To Improve The Payment Process; On The November 14, 2022 Finance And Management Committee Agenda
3.11 22-0775
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
Subject: Approve The Oakland Police Department’s Policies In Accordance With California Government Code § 7070 Et Seq. (AKA“AB 481”) And Oakland Municipal Code Chapter 9.6
From: Oakland Police Department
Recommendation: Adopt A Resolution Approving Oakland Police Department’s (OPD) Policies In Accordance With California Government Code § 7070 Et Seq. (AKA “AB 481”) And Oakland Municipal Code Chapter 9.6; On The October 18, 2022 City Council Agenda On Consent
3.12 22-0776
Subject: Delinquent Business Tax Assessment Of Liens
From: Finance Department
Recommendation: Adopt One Of The Following Options:
1) A Resolution Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Confirming The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection (Option 1); Or
3.13 22-0766
2) A Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection (Option 2); On The December 6, 2022 City Council Agenda As A Public Hearing
22-0767
RECOMMENDATIONS FROM THE SEPTEMBER 26, 2022 LIFE ENRICHMENT
COMMITTEE
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
Subject: FY22-23 Oakland Head Start General Child Care And Development Program (CCTR) Contract Award
From: Human Services Department
Recommendation: Adopt A Resolution: 1. Authorizing The City Administrator To Enter Into An Agreement With The California Department Of Social Services (CDSS) Child Care And Development Division (CCDD) And Accept And Appropriate State Reimbursement Funding In An Amount Not To Exceed $3,315,326 To Provide California General Child Care Program (CCTR) Services To Eligible Participants, Ages Birth To Three Years Old, Effective July 1, 2022 Through June 30, 2023; And 2. Approve A Contribution From The General Purpose Fund In An Amount Of $42,482 Equivalent To The Associated Central Services Overhead Costs Estimated; And 3. Accept And Appropriate Additional California General Child Care Program Reimbursement Funding For Fy2022-23 That Becomes Available For The Same Purposes Stated, During The Grant Term, And To Amend The Agreement
3.14 22-0713
View Report
View Legislation
Attachments:
Legislative History
9/15/22 *Rules & Legislation
Committee
Scheduled to the *Special Life Enrichment
Committee
9/26/22 *Life Enrichment Committee Approved the Recommendation of Staff, and Forward to the Special Concurrent Meeting
of the Oakland Redevelopment Successor
Agency/City Council
Vice Mayor Kaplan made a motion, seconded by Council President Bas, to forward staffs recommendation to the October 4, 2022 Special City Council meeting on Consent.
The motion passed with a vote of 4 Ayes.
RECOMMENDATIONS FROM THE SEPTEMBER 27, 2022 SPECIAL PUBLIC WORKS
COMMITTEE
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
Subject: Gateway Industrial Landscape Maintenance Contract 2022 From: Public Works Department
Recommendation: Adopt A Resolution: (1) Waiving Further Advertising And Competitive Bidding; (2) Authorizing The City Administrator To Award A Two-Year Landscape Maintenance Construction Contract In An Amount Not To Exceed Three Hundred Fifteen Thousand Dollars ($315,000.00) In The Open Market For The Gateway Industrial Landscape Maintenance Contract 2022 (Project No. 1004284) In Accord With All Of The City’s Contracting Programs Including The Local And Small Local Business Enterprise Requirements; And (3) Adopting Appropriate California Environmental Quality Act Findings
3.15 22-0703
View Report
View Legislation
Attachments:
Legislative History
9/15/22 *Rules & Legislation
Committee
Scheduled to the *Special Public Works
Committee
9/27/22 *Special Public Works
Committee
Approved the Recommendation of Staff, and
Forward to the Special Concurrent Meeting
of the Oakland Redevelopment Successor
Agency/City Council
Councilmember Taylor made a motion, seconded by Councilmember Kalb, to forward staffs recommendation to the October 4, 2022 Special City Council Agenda on Consent.
Subject: City Of Oakland 2022 Zero Emission Vehicle Action Plan From: Transportation Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution (A) Approving The Oakland Zero Emission Vehicle Action Plan, (B) Adopting Appropriate California Environmental Quality Act (CEQA) Findings, And (C) Directing The City Administrator To Add One Full Time Transportation Planner II Position In The Department Of Transportation Fiscal Year 2023-24 Budget Proposal To Implement The City Of Oakland’s Zero Emission Vehicle Action Plan; And
3.16 22-0708
View Agenda Report
View Legislation
View Attachment A
Attachments:
Legislative History
9/15/22 *Rules & Legislation
Committee
Scheduled to the *Special Public Works
Committee
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
9/27/22 *Special Public Works
Committee
Approved as Amended the Recommendation
of Staff, and Forward to the Special
Concurrent Meeting of the Oakland
Redevelopment Successor Agency/City
Council
Councilmember Kalb made a motion, seconded by President Pro Tempore Thao, to forward the recommendation to the October 4, 2022 City Council Agenda on Non Consent with the following amendments;
-amending the last further resolved clause of the resolution to read "FURTHER RESOLVED: That the City Administrator is directed to add one full time transportation planner II Fiscal Year 2023-24 Budget proposal to implement the City of Oakland’s Zero Emission Vehicle Action Plan"; And -adding language to Attachment A to read "ZEV Action Plan (Attachment A) Add action requirement in Chapter 4 (or other chapter if staff prefers):
Action PC-5 – Pursue EV Charging Requirement for Fuel Service Stations Develop ordinance that would require new services stations and those fuel stations proposed for renovation to install a minimum number of fast-charging EV charging stations as a condition of approval.
(staff may wordsmith this amendment as needed)"
The motion passed with a vote of 4 Ayes.
2) An Ordinance: (A) Amending Ordinance No. 13654 C.M.S (Which Adopted The Fiscal Year 2022-23 Master Fee Schedule), As Amended, To Establish Fees For Charging Electric Vehicles, (B) Amending Municipal Code Section 10.48.010(B) To Add Fines For Parking A Vehicle In An Electric Charging Designated Space While Not Connected For Electric Charging Purposes; And (C) Adopting Appropriate California Environmental Quality Act (CEQA) Findings
22-0709
View Legislation
View Exhibit
Attachments:
Legislative History
9/15/22 *Rules & Legislation
Committee
Scheduled to the *Special Public Works
Committee
9/27/22 *Special Public Works
Committee
Approved the Recommendation of Staff, and
Forward to the Special Concurrent Meeting
of the Oakland Redevelopment Successor
Agency/City Council
Councilmember Kalb made a motion, seconded by President Pro Tempore Thao, to forward staffs recommendation to the October 4, 2022 City Council Agenda on Non Consent.
The motion passed with 4 Ayes.
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
RECOMMENDATIONS FROM THE SEPTEMBER 27, 2022 SPECIAL COMMUNITY
AND ECONOMIC DEVELOPMENT COMMITTEE
Subject: Cannabis Regulatory Commission 2021 Annual Report From: Economic And Workforce Development Department
Recommendation: Receive An Informational Report From The Cannabis Regulatory Commission For The Year 2021
3.17 22-0704
View ReportAttachments:
Legislative History
9/15/22 *Rules & Legislation
Committee
Scheduled to the *Special Community &
Economic Development Committee
9/27/22 *Special Community &
Economic Development
Committee
Approved the Recommendation of Staff, and
Forward to the Special Concurrent Meeting
of the Oakland Redevelopment Successor
Agency/City Council
Councilmember Fife made a motion seconded by Councilmember Taylor, to receive and forward this item to the October 4, 2022 Special City Council Agenda On Consent
Subject: Study Session On The General Plan Update: Environmental Justice Element, Safety Element Update, And Industrial Lands Vision
From: Planning And Building Department
Recommendation: Conduct A Study Session And Receive An Informational Report As Follows: (A) Environmental Justice Element Requirements And Key Environmental Justice Issues In Oakland; (B) Safety Element Framework And Key Safety Issues In Oakland; (C) Key Opportunities And Challenges Facing Oakland’s Industrial Economy; And (D) Provide Feedback To Staff On Key Goals Needed To Address Environmental Justice Issues, Advance Equitable Processes For Integrating Climate Resilience And Public Safety Strategies, And Inform The Vision For Oakland’s Industrial Growth
3.18 22-0705
View Report
View Presentation
Attachments:
Legislative History
9/15/22 *Rules & Legislation
Committee
Scheduled to the *Special Community &
Economic Development Committee
9/27/22 *Special Community &
Economic Development
Committee
Received and Filed
Councilmember Gallo made a motion seconded by Couniclmember Fife, to receive and file this item
September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
Review Of Draft Agendas And Review Of Pending Lists For Council And Committee Meetings
4 22-0712
October 4, 2022 Special City Council Agenda
October 6, 2022 Rules And Legislation Committee Agenda
Finance And Management Pending List
Public Works Pending List
Community And Economic Development Pending List
Life Enrichment Pending List
Education Partnership Pending List
Public Safety Pending List
Rules And Legislation Pending List
Draft October 10, 2022 Finance and Management Committee Agenda Draft October 10, 2022 Special Life Enrichment Committee Agenda Draft October 11, 2022 Public Safety Committee Agenda
Draft October 13, 2022 Rules And Legislation Committee Agenda Attachments:
5 Determinations Of Closed Session
Open Forum
Adjournment
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September 29, 2022*Rules & Legislation Committee Meeting Agenda -
SUPPLEMENTAL
MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL
AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM 8:30AM TO 5:00PM
* 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.