Meeting of the Oakland City Council

Tuesday, October 2, 2007 · 6:00 PM AM · Oakland City Hall, 3rd Floor

TL;DR

The Oakland City Council held its regular meeting, adopting several resolutions and ordinances affecting city operations. The council recognized Reese Erlich with a special day, proclaimed October as Domestic Violence Awareness Month, and passed various funding and property-related measures.

Key Decisions

Medical Cannabis Health Emergency Declaration Passed
Sale of Surplus City Property at 4201 Foothill Boulevard Approved for Final Passage
Expanded Smoking Restrictions in Public Spaces Withdrawn and Rescheduled
High-Speed Rail Alignment Recommendation Withdrawn and Rescheduled
Property Exchange with East Bay Regional Park District Approved for Final Passage

Agenda

1 Pledge of Allegiance

Action: Adopted
Roll Call / ORA & Council
Open Forum / Citizens Comments (Time Available: 15 minutes)
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an item from the Consent Calendar, shall be scheduled for the next-succeeding City Council meeting as a non-consent item.
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a non-consent item. (Motion Maker must have voted on prevailing side)
Requests from Councilmember(s) to schedule an Action Item considered by Committee but not forwarded to Council, shall be scheduled for the next-succeeding City Council meeting as a non-consent item.
7 Approval of the Draft Minutes from the Special and Regular Concurrent Meetings of the Oakland Redevelopment Agency/City Council held on July 17, 2007 and September 18, 2007

Action: Approve as Submitted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Chang, to Approve as Submitted. The motion carried by the following vote:
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: Reese Erlich - Recognition From: Councilmember Jane Brunner Recommendation: Adopt A Resolution Declaring October 2, 2007 "Reese Erlich Day" In The City Of Oakland
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Councilmember Quan, that this matter be Adopted. The motion carried by the following vote:
8.2 Subject: Domestic Violence Awareness Month From: Councilmember Jean Quan Recommendation: Adopt A Resolution Proclaiming October 2007 Domestic Violence Awareness Month
City Resolution
Action: Adopted as Amended Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Adopted as Amended. The motion carried by the following vote:
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1 Subject: Declaration Of A Local Emergency Due To AIDS Epidemic From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing And Continuing The City Council's Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health Crisis With Regard To The AIDS Epidemic
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.2 Subject: Medical Cannabis Health Emergency From: Office Of The City Attorney Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A Local Public Health Emergency With Respect To Safe, Affordable Access To Medical Cannabis In The City Of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.3 Subject: Travel Authorization - Councilmember Larry Reid From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing Councilmember Larry E. Reid To Travel To New Orleans, Louisiana To Attend The National League Of Cities Congress Of Cities And Exposition November 12-18, 2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.4 Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $10,000.00 From Councilmember Larry E. Reid's Priority Project Funds To E.C. Reems Community Services For Operating Expenses
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.5 Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $5,000.00 From Councilmember Larry E. Reid's Priority Project Funds To Oakland Turfgrass Education Initiative For Operating Expenses
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.6 Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $10,000.00 From Councilmember Larry E. Reid's Priority Project Funds To Oakland Parents Literacy Project For Operating Expenses
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.7 Subject: Sale Of Real Property - 4201 Foothill Boulevard From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute A Purchase And Sale Agreement To Sell Approximately 8,704 Square Feet Of City-Owned Surplus Real Property Located At 4201 Foothill Boulevard To Singa Development LLC, A California Limited Liability Company, The Adjoining Property Owner, For The Fair Market Value Of Three Hundred Twenty-One Thousand Nine Hundred Sixty-One Dollars ($321,961)
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.8 Subject: Friendly Transportation Company - Land Agreements From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To Negotiate And Execute 1) An Agreement To Acquire An Easement On A Portion Of A Parcel Of Land From Friendly Transportation Company To Construct A Section Of Bay Trail Along The Oakland Tidal Canal At Alameda Avenue For $30,000 Plus Customary Closing Costs To Be Funded From Measure DD, And 2) A Right Of First Refusal For Friendly Transportation Company To Purchase Future Surplus City Land, If Any, Remaining From The Proposed 42nd Ave. And High Street Widening Project, Extending From 8th Street To Howard Street, At Fair Market Value, Subject To Applicable State And City Statutes
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.9 Subject: Purchase Of Real Property - 1718 50th Avenue From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The Purchase Of Real Property At 1718 50th Avenue, Oakland (APN 035-2386-019)) From Dierdre Veals, For $309,000, Plus Customary Real Estate Closing Costs, For Redevelopment As Fire Station 18 And Accepting A Contribution Of $309,000, Plus Customary Real Estate Closing Costs, From The Redevelopment Agency Under The Cooperation Agreement For The Purchase Of The Property; And
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.10 4) Approve The Introduction (First Reading) Of An Ordinance Levying Special Taxes Within The Community Facilities District No. 2007-1 (Wood Street Development District)
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.11 Subject: Vehicle Sideshow Ordinance Repeal From: Office of the City Attorney Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Repealing Ordinance No. 12695 C.M.S. Which Declared Vehicle Sideshows A Public Nuisance, Prohibited The Gathering Of Spectators At Such Public Nuisance Events And Provided For The Forfeiture Of Vehicles Involved In Sideshow Events
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.12 Subject: Smoking Ordinance From: Office of the City Administrator Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending Oakland Municipal Code Chapter 8.30, "Smoking" To (1) Prohibit Smoking At Bus Stops And Other Areas Where The Public Waits For Service, (2) At Outdoor Dining Areas, Public Trails, Parks And City-Owned Golf Courses, (3) Family Childcare Centers, (4) Common Outdoor Areas In Multi-Unit Housing; (5) Restrict Smoking Outside Bars To Ten (10) Feet From Entrances; (6) Require New Rental And Sale Agreements For Multi-Unit Housing To Disclose Nonsmoking Prohibitions (TITLE CHANGE)
Ordinance
Action: Withdrawn and Rescheduled
10.13 Subject: Port Of Oakland - Conflict Of Interest Code From: Office Of The City Attorney Recommendation: Adopt A Resolution Approving A Conflict Of Interest Code For Designated Employees Of The Port Of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.14 Subject: Andrew R. Brown - Settlement Agreement From: Office Of The City Attorney Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To Compromise And Settle The Claim Of Andrew R. Brown In The Amount Of Six Hundred Forty Three Thousand Five Hundred Dollars And No Cents ($643,500.00), As A Result Of Property Damage Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On December 8, 2006. (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.15 Subject: High Speed Rail Alignment From: Council President De La Fuente & Mayor Ronald Dellums Recommendation: Adopt A Resolution Urging The Metropolitan Transportation Commission, The California High-Speed Rail Authority, The State Legislature And The Governor Of California To Implement And Fund The Regional Rail Plan In Accordance With Regional Measure 2 With A High Speed Rail Alignment Through The East Bay And Oakland With A Direct Link To The Transbay Terminal
City Resolution
Action: Withdrawn and Rescheduled
10.16 Subject: Priority Project Funds - District Seven From: Councilmember Larry Reid Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $5,000.00 From Councilmember Larry E. Reid's Priority Project Funds To The Oakland Black Cowboy Association For Expenses For The 33rd Annual Black Cowboy Parade
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.17 Subject: Tract 7753 Final Map - 2130 Mountain Boulevard From: Community and Economic Development Agency Recommendation: Adopt A Resolution Conditionally Approving A Final Map For Tract 7753 To Convert Twenty Rental Housing Units To Condominium Ownership At 2130 Mountain Boulevard
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.18 Subject: Ratification Of The Mayor's Actions During 2007 Recess From: Office of the City Clerk Recommendation: Adopt A Resolution Ratifying Action Taken By The Mayor During The Oakland City Council 2007 Annual Recess In Conformance With Resolution No. 79006 C.M.S., Dated January 4, 2005
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.19 Subject: East Bay Regional Park District - Real Property Exchange Agreement From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Authorizing The City Administrator To (1) Negotiate And Execute A Real Property Exchange Agreement With The East Bay Regional Park District ("EBRPD") For The Exchange Of City Of Oakland Owned Lands Located Near Roberts Regional Recreation Area, Redwood Regional Park, Temescal Regional Area, And The Claremont Canyon Regional Preserve, For EBRPD Owned Lands Located In Shepard Canyon, And (2) Grant A West Ridge Trail Easement And A Redwood Bowl Parking Lot Easement To EBRPD In Consideration Of Its Payment Of The City's Share ($15,000) Of The Cost To Prepare The Legal Descriptions Of The Properties To Be Exchange
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.20 Subject: Mitchell-Chavez - 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 Mitchell-Chavez V. City Of Oakland, Alameda County Superior Court Case No. RG05248338, Our File No. 24802 In The Amount Of $15,000 (Public Works Agency) As A Result Of A Trip And Fall Accident In The Vicinity Of College Ave. And Lawton St., Oakland, On January 12, 2005
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.21 Subject: Analysis Of Senate Constitutional Amendment 12 From: Council President De La Fuente Recommendation: An Urgency Request For Public Works Agency To Prepare An Analysis And Recommendation Regarding SCA 12 (Torlakson And Yee) Senate Constitutional Amendment No. 12 Related To Stormwater Fees
Informational Report
Action: Received and Filed Passed

This Matter was Received and Filed on the Consent Agenda.
10.22 Subject: Analysis Of Senate Bill 3XX And Senate Bill 4XX From: Council President De La Fuente Recommendation: An Urgency Request For Public Works Agency To Prepare An Analysis And Recommendation Regarding SB 3XX (Codgill And Ackerman) Water Supply Reliability Bond Act Of 2008 And SB 4XX (Codgill) Water Resources; Bond Funds
City Resolution
Action: Withdrawn with No New Date
10.23 Subject: Revocable And Conditional Permit - 901 Jefferson Street From: Community and Economic Development Agency Recommendation: Adopt A Resolution Granting 901 Jefferson Housing LLC A Revocable And Conditional Permit To Allow A Vault And Electrical Transformer For A Building At 901 Jefferson Street To Encroach Under The Public Sidewalk Along 9th Street
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.24 Subject: Family Bridges Operation Contract From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A Two-Year Grant Agreement With Family Bridges, Inc. To Fund Its Programs And Operations At The Hong Lok Senior Center For Fiscal Years 2007-2008 And 2008-2009 In An Amount Not To Exceed $200,000
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.25 Subject: Unity Council Operation Contract From: Department Of Human Services Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A Two-Year Grant Agreement With The Unity Council, Inc. To Fund Its Programs And Operations At The Fruitvale San Antonio Senior Center For Fiscal Years 2007-2008 And 2008-2009 In An Amount Not To Exceed $440,000
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.26 Subject: 2007-2008 Second Start Adult Literacy Program From: Oakland Public Library Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Apply For, Accept, And Appropriate A Grant In The Amount Of $72,000 From The California State Library California Library Literacy Service To Support The Oakland Public Library Second Start Adult Literacy Program For Fiscal Year 2007-2008
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.27 Subject: Library Forgiveness Campaign From: Oakland Public Library Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Adopt A "Forgiveness Campaign" That Targets Youth And Families With Long Outstanding Fines And Fees During The Weeks Of November 24 - December 14, 2007 (TITLE CHANGE)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.28 Subject: Dog Ordinance Amendment From: Councilmember Jean Quan Recommendation: Adopt The Following Pieces Of Legislation: 1) Adopt A Resolution Approving The Naming Of A New Trail The "Montclair Railroad Trail" In Assessor Parcels 048E-7348-28-02, 048E-7348-67-00, 048E-7349-32-00, 048E-7350-10-00, 048F-7355-19-00 And 048F-7366-21-02 That Are Included In The Resolution "Exchange With East Bay Regional Parks District" To Be Presented To City Council On September 18, 2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
07-0670-1 Subect: Senate Bills 1XX And 2XX From: Legislative Analyst Recommendation: Approve Support Of Senate Bills 1XX And 2XX Introduced By Senators Perata, Machado, and Steinberg, Regarding Water Supply Reliability Bond Act Of 2008; Bond Funds
Report and Recommendation
Action: Approved Passed

A motion was made by Councilmember Quan, seconded by Vice Mayor Nadel, that this matter be Approved with additional conveyance that the City further supports the requirements of the executive order of the Governor that requires 25% of all bond funding relative to the contracts for infrastructure bonds go to small businesses. The motion carried by the following vote:
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Passed The Consent Agenda
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