Meeting of the Oakland City Council

Tuesday, October 16, 2007 · 6:00 PM AM · Oakland City Hall, 3rd Floor

TL;DR

The Oakland City Council held its regular meeting, focusing on several local resolutions and approving multiple grant funds for city services. The council addressed community issues like disability awareness, medical cannabis access, and police department technology upgrades.

Key Decisions

Medical Cannabis Health Emergency Declaration Passed
Police Department Interoperable Communications Grant Passed
West Oakland Redevelopment Project Extension Passed
Human Trafficking Grant Program Passed
Telegraph Avenue Housing Development Passed

Agenda

Pledge of Allegiance
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 Concurrent Meeting of the Oakland Redevelopment Agency/City Council held on October 2, 2007

Action: Approve as Submitted Passed

A motion was made by Councilmember Chang, seconded by Councilmember Quan, to Approve as Submitted. The motion carried by the following vote:
8. PRESENTATION OF CEREMONIAL MATTERS
8.1 Subject: United Nations Month From: Councilmember Nancy Nadel Recommendation: Adopt A Resolution Declaring October 2007 'United Nations Month' In The City Of Oakland And Authorizing The City Of Oakland To Serve As Honorary Sponsor Of The United Nations Association-USA East Bay's Anniversary Flag Ceremony
City Resolution
Action: Adopted Passed

A motion was made by Vice Mayor Nadel, seconded by President of the Council Reid, that this matter be Adopted. The motion carried by the following vote:
8.3 Subject: Disability Awareness Month From: Councilmember Jean Quan Recommendation: Adopt A Resolution Declaring October 2007 As Disability Awareness Month In The City Of Oakland
City Resolution
Action: Adopted Passed

A motion was made by President of the Council Reid, seconded by Councilmember Chang, that this matter be Adopted. 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: Darryl Ko - 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 Darryl Ko V. City Of Oakland, Alameda County Superior Court Case No. RG06-263328 In The Amount Of $9,000 (Public Works Agency)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.4 Subject: Sydney S. L. Buffet - 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 Sydney S.L. Buffet V. City Of Oakland, Et Al., Alameda County Superior Court No. RG06265728, Our File No. 25094, In The Amount Of $20,000.00 (Public Works Agency - Trip And Fall)
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.5 Subject: Sunthorn Boswell And Alan Yee - 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 Sunthorn Boswell And Alan S. Yee, The Attorney Of Record In The Amount Of Seven Thousand Seven Hundred Fifty Dollars And No Cents ($7,750.00), As A Result Of Bodily Injury Damages Sustained In An Automobile Collision With A City Vehicle On January 30, 2006. (Oakland Police Department)
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:
10.6 Subject: Rent Adjustment Program From: Community and Economic Development Agency Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending Ordinance No. 12744 C.M.S. (Master Fee Schedule) To Increase The $24 Rent Program Service Fee By $6 To $30
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by Vice Mayor Nadel, that this matter be Adopted. The motion carried by the following vote:
10.7 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 Center For Family Counseling For Operating Expenses
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.8 Subject: Travel Authorization - Councilmember Brooks From: Councilmember Desley Brooks Recommendation: Adopt A Resolution Authorizing Councilmember Desley Brooks To Attend The Inner City Economic Forum, Philadelphia, PA, October 17-18, 2007
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.9 Subject: Jena Six From: Councilmember Larry Reid Recommendation: Adopt A Resolution For The City Council Of Oakland, California To Go On Record Opposing The Unfair Treatment By The Criminal Justice System In Jena, Louisiana Against, The "Jena Six" Youths
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.10 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 For Operating Expenses To Civic Pride, A Youth-Centered Non-Profit Organization That Provides Increased Opportunities For Success, College Preparation, Career Readiness And Development Of Responsible Citizenship Skills
City Resolution
Action: Withdrawn and Rescheduled
10.11 Subject: Debt Cancellation - Impoverished African Countries From: Councilmember Desley Brooks Recommendation: Adopt A Resolution Urging U.S. Support Of Debt Cancellation For Impoverished Countries In Africa
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.12 Subject: Dog Ordinance Amendment From: Councilmember Jean Quan Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Changing Oakland Municipal Code Title 6, Chapter 6.04 Section 6.04.080 Dogs At Large And In Parks, To Allow Dogs On The Montclair Railroad Trail (TITLE CHANGE)
Ordinance
Action: Approved for Final Passage Passed

This Matter was Approved for Final Passage on the Consent Agenda.
10.13 Subject: Police Department Salary Savings From: Oakland Police Department Recommendation: Adopt A Resolution Amending Resolution No. 80786 C.M.S., Which Establishes Protocol For Expenditures Of Police Department Salary Savings Funds, To Include Authorization To Use Salary Savings To Fund The Oakland Police Department's Internship Program
City Resolution
Action: No Action Taken Failed

This matter was No Action Taken. The motion failed.
Untitled item
07-0597-1 The Committee approved the internship program and directed the City Administrator to find an alternative funding source not using salary saving funds. The Committee also directed staff to provide a written response regarding the use of Redevelopment funds for the Police internship program; 4 Ayes
Report and Recommendation
Action: Approved Passed

This Matter was Approved on the Consent Agenda.
10.14 Subject: Sale Of Surplus Property At 73rd And Deerwood Avenues 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 1,400 Square Feet Of City-Owned Surplus Real Property Located At 73rd And Deerwood Avenues To Johnny R. Nicks And Pinkey R. Mitchell-Nicks, The Adjoining Property Owners, For The Total Fair Market Value Of Four Thousand Two Hundred And Fifty Dollars ($4,250.00) Including All Fees And Costs
Ordinance
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.15 Subject: Prudential Overall Supply - Living Wage Compliance From: Councilmember Jane Brunner Recommendation: Action On A Report And Recommendations On Prudential Overall Supply's Compliance With The City Of Oakland's Living Wage Ordinance
Report and Recommendation
Action: Approved Passed

This Matter was Approved on the Consent Agenda.
10.16 Subject: West Oakland Redevelopment Project Extension From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing A One-Year Extension Of The Project Area Committee For The West Oakland Redevelopment Project To November 18, 2008
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.17 Subject: Re-Designation Of The Oakland Enterprise Zone From: Community and Economic Development Agency Recommendation: Adopt A Resolution Authorizing The City Administrator To Submit An Enterprise Zone Application To The California Department Of Housing And Community Development For The Re-Designation Of The Oakland Enterprise Zone For An Additional 15 Years
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.18 Subject: Oakland Museum Renovation Project From: Oakland Museum Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate Donated Funds In An Amount Not To Exceed Eight Hundred Eighty-Five Thousand Seven Hundred And Ninety-Five Dollars ($885,795.00) From The Oakland Museum Of California Foundation For Reimbursement Of City Staff Costs As Part Of The Oakland Museum Of California Renovation Project
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.19 Subject: Human Trafficking Grant Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Two Hundred Twenty-Five Thousand Dollars ($225,000) In Additional Grand Funds For The Human Trafficking Program From The U.S. Department Of Justice, Office Of Justice Programs, Bureau Of Justice Assistance, Law Enforcement Response To Human Trafficking Grant Program; Extending The Contract With Cross-Sector Solutions, LLC For Consulting And Technical Services For An Additional Contract Amount Of Sixty-Two Thousand Dollars ($62,000); And Authorizing A Waiver Of The Request For Proposal Process And A Waiver Of The Local And Small Local Business Enterprise Provision
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.20 Subject: Interoperable Communications Grant Program From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Nine Hundred Eighty-Eight Thousand Nine Hundred And Sixty-Six Dollars ($988,966) From The U.S. Department Of Justice, Office Of Community Oriented Policing Services (DOJ/COPS) Fiscal Year 2007 Law Enforcement Technology (Interoperable Communications) Grant Program For The Period October 1, 2007 Through September 30, 2008, And Authorizing The Police Department's Allocation Of Three Hundred Thirty-Two Thousand Nine Hundred And Eighty-Eight Dollars ($332,988) From The Unclaimed Cash Fund To Meet The Mandatory Matching Fund Provisions For The Program, And Authorizing The Execution Of A Memorandum Of Understanding With The City And County Of San Francisco, Office Of Emergency Services, And Other Participating Agencies, For Implementation Of The Initiative, And Appropriate Said Funds To The Police Department
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.21 Subject: Project Safe Neighborhoods From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed One Hundred Thousand Dollars ($100,000) From The State Of California, Office Of Emergency Services, Serving As the Fiscal Agent For Project Safe Neighborhoods Grant Program As Administered Through The Office Of The U.S. Attorney For The Northern District Of California And The U.S. Department of Justice, Bureau Of Justice Assistance, In Support Of The Oakland Police Department's Criminalistics Division
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.22 Subject: Marine Unit Equipment - Oakland Police Department From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of the City of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To Exceed Sixty-Five Thousand Two Hundred Dollars ($65,000) From The State Of California, Department Of Boating And Waterways, For Use By The Oakland Police Department Marine Unit For Equipment Purchases To Outfit And Maintain Marine Vessels Used For Public Safety And Other Homeland Security Projects On Oakland Waterways And The Port of Oakland
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
10.23 Subject: Emergency Vehicle Operations Course From: Oakland Police Department Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The City Of Oakland, To Execute An Agreement With The California Commission On Peace Officer Standards And Training (POST) For The Purpose Of Permitting The Police Department To Present The POST Certified Emergency Vehicle Operations Course (EVOC) To One Hundred Fifty (150) Police Officer Trainees, And To Receive Up To Sixty-Six Thousand Seven Hundred Fifty Dollars ($66,750) In Reimbursement Funds
City Resolution
Action: Adopted Passed

This Matter was Adopted on the Consent Agenda.
11 An oral report from the Agency Counsel / City Attorney of final decisions made during Closed Session

Action: No Action Taken
12 A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the Sunshine Ordinance

Action: Approve as Submitted Passed

A motion was made by Councilmember Chang, seconded by Councilmember Kernighan, to Approve as Submitted the report from the Office of the City Attorney of no non-confidential closed session discussion pursuant to section 15 of the Sunshine Ordinance. The motion carried by the following vote:
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL THEREAFTER:
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1 Subject: 5248 Telegraph Avenue - Appeal From: Community and Economic Development Agency Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Denying The Appeals And Upholding The Planning Commission's Approval For Construction Of 33 Dwelling Units Over Ground Floor Commercial At 5248 Telegraph Avenue, Oakland (Case File Number CDV06-476 & TPM-9212)
City Resolution
Action: Adopted Passed

A motion was made by Councilmember Brunner, seconded by President of the Council Reid, that this matter be Adopted changing the conditions of approval, adding new provisions and including new findings as outlined in "Attachment A", presented on the floor by Councilmember Brunner The motion carried by the following vote:
Passed The Consent Agenda

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