body,date,text,page,path
RulesAndLegislationCommittee,2020-02-06,"City of Oakland
Office of the City Clerk
Oakland City Hall,
1 Frank H. Ogawa Plaza,
Room 201
Meeting Minutes - FINAL
Oakland, California 94612
CITY OF OAKLAND
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandca.gov
Thursday, February 6, 2020
10:45 AM
City Council Chamber, 3rd Floor
The Oakland City Council Rules and Legislation Committee convened at 11:01 A.M.,
with Councilmember Thao presiding as Chairperson.
Roll Call / Call To Order
Present 4 - Dan Kalb, Rebecca Kaplan, Sheng Thao, and Lynette McElhaney
1
Determinations Of Closed Session
20-0089
Attachments: View Report
There will be a Closed Session held on February 18, 2020 at 2:30 P.M.
There were 2 speakers on this item.
A motion was made by Rebecca Kaplan, seconded by Dan Kalb, that this matter
be Accepted. The motion carried by the following vote:
Aye: 4 - Kalb, Kaplan, Thao, and McElhaney
NO VOTE: 0
2 NO MINUTES FOR APPROVAL
3
Determination Of Schedule Of Outstanding Committee Items
20-0090
Attachments: View Report
There was 1 speaker on this item.
A motion was made that this matter be Accepted. The motion carried by the
following vote:
Aye: 4 - Kalb, Kaplan, Thao, and McElhaney
NO VOTE: 0
City of Oakland
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RulesAndLegislationCommittee,2020-02-06,"*Rules & Legislation Committee
Meeting Minutes - FINAL
February 6, 2020
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas
(SUPPLEMENTAL)
20-0091
Attachments: View Report
There were 4 speakers on this item.
This Report and Recommendation be Accepted as Amended.
4.1
Subject:
2018 FEMA Assistance To Firefighters Grant
From:
Oakland Fire Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Designee,
To: (1) Enter Into An Agreement With The U.S. Department Of Homeland Security's
Federal Emergency Management Agency (FEMA) To Accept The Assistance To
Firefighters Grant (AFG) Funds In The Amount Of Seventy-Four Thousand Five Hundred
Forty-Six Dollars ($74,546.00) With Matching City Of Oakland Funds In The Amount Of
Seven Thousand Four Hundred Fifty Four ($7,454.00) To Purchase Equipment And Other
Necessary Resources For The Project Period Starting September 3, 2019 And Ending
September 2, 2020; (2) Appropriate And Administer Said Funds; And (3) Expend AFG
Funds In Accordance With The City's Purchasing Requirements And Programs/Policies
20-0150
Attachments: View Report
88063 CMS
This City Resolution be Scheduled.to go before the *Finance & Management
Committee to be heard 2/25/2020
4.2
Subject:
OPD Overtime Report - 2nd Quarter FY 2019-20
From:
Oakland Police Department
Recommendation: Receive An Informational Report From The Oakland Police
Department (OPD) On The Use Of Overtime During The Second Quarter Of Fiscal Year
(FY) 2019-20.
20-0153
Attachments: View Report
This Informational Report be Scheduled.to go before the *Finance &
Management Committee to be heard 2/25/2020
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
4.3
Subject:
Quarterly Report On Public Safety Overtime (OFD)
From:
Oakland Fire Department
Recommendation: Receive An Informational Report From The Oakland Fire Department
On The Use Of Overtime During The Second Quarter Of Fiscal Year 2019-20, That
Includes Additional Information On Overtime Policy, Use, And Accountability
20-0154
Attachments: View Report
This Informational Report be Scheduled.to go before the *Finance &
Management Committee to be heard 2/25/2020
4.4
Subject:
Amendment To The Salary Ordinance For Various Classifications
From:
Human Resources Management Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Add The Full-Time Classification Of Ethics
Analyst III; To Add The Full-Time Classification Of Sign Shop Coordinator; To Amend The
Title Of The Full-Time Classification Of Fire Prevention Bureau Inspector (Civilian) To
Fire Inspector; And To Amend The Salary Of The Part-Time Classification Of Senior Aide
To Ensure Compliance With The City Of Oakland's Minimum Wage
20-0166
Attachments: View Salary Ordinance Report
View Salary Ordinance
13590 CMS
This City Resolution be Scheduled.to go before the *Finance & Management
Committee to be heard 2/25/2020
4.5
Subject:
Fiscal Year 2019-20 Second Quarter Revenue And Expenditure Report
From:
Finance Department
Recommendation: Receive An Informational Report On Fiscal Year (FY) 2019-20 Second
Quarter Revenue And Expenditure Results And Year-End Summaries For The General
Purpose Fund (1010) And Selected Funds
20-0167
Attachments: View Report
This Informational Report be Scheduled.to go before the *Finance &
Management Committee to be heard 2/25/2020
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
4.6
Subject:
Contract Award For Street Light Standards
From:
Transportation Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee
To Award A Contract To J A Momaney Services, Inc. DBA JAM Services, Inc., A
Non-Local Business Enterprise, The Lowest Responsive And Responsible Bidder, To
Provide Electrical Equipment, Supplies, Streetlight And Traffic Signal Standards In The
Annual Amount Not To Exceed One Million Three Hundred Thirty-Six Thousand Eight
Hundred Ninety-Two Dollars And Twenty-Five Cents ($1,336,892.25) For The Period Of
March 01, 2020 To March 31, 2021 In Accord With Request For Quotation No. 175510,
Specification No. 20-285-00 And The General Conditions Therefor On File In The
Purchasing Section, And With Contractor's Bid
20-0173
Attachments: View Agenda Report
View Attachment A
View Attachment B
View Resolution
View Supplemental Report 2/21/2020
88064 CMS
This City Resolution be Scheduled.to go before the *Finance & Management
Committee to be heard 2/25/2020
4.7
Subject:
Broadway Shuttle Operation Agreement
From:
Transportation Department
Recommendation: Adopt A Resolution Authorizing. An Agreement With The
Alameda-Contra Costa Transit District (""AC Transit"") To Continue Operating The City Of
Oakland Broadway Shuttle Between July 1, 2020 And June 30, 2022, At An Initial Cost
Not To Exceed $2,367,885, And Authorizing The City Administrator To Increase This
Agreement Amount For Expanded Shuttle Hours Or Frequency Of Service Using Any
Additional Public And Private Grants And Financial Support Secured Within The Term Of
The Agreement
20-0168
Attachments: View Report
View Report Attach A
View Report Legislation
88065 CMS
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 2/25/2020
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
4.8
Subject:
Car Sharing Update And Recommendations
From:
Transportation Department
Recommendation: Adopt The Following Pieces Of Legislation;
1) A Resolution Authorizing The City Administrator Or Designee To Permanently Extend
The Car Sharing Program; And
20-0169
The committee took no action on the item and request the striking of the word
""permanently"" from the title.
This City Resolution be No Action Taken.
2) An Ordinance Amending Ordinance No. 13301 C.M.S To Explicitly Include Electric
Mopeds As Eligible Vehicles Under The Car Sharing Program; On The February 25,
2020 Public Works Committee Agenda And On The March 3, 2020 City Council Agenda
As Public Hearing
20-0171
The committee took no action on the item and request the striking of the word
""permanently"" from the title.
This Ordinance be No Action Taken.
4.9
Subject:
Construction Service Contract With Beliveau Engineering Contractors, Inc.
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Designee,
To 1) Waive Advertising And Competitive Bidding And Increase The On-Call
Construction Service Contract With Beliveau Engineering Contractors, Inc. By An Amount
Of Seven Hundred Thirty Thousand Dollars ($730,000.00) From Two Hundred Fifty
Thousand Dollars ($250,000.00) To A Total Contract Amount Of Nine Hundred Eighty
Thousand Dollars ($980,000.00); And 2) Reallocate Additional Funds Of Six Hundred
Thousand Dollars ($600,000.00) Aggregated From Measure KK Bond Project Funds -
Fire Station Roof Replacement (Project No. 1003437) In The Amount Of One Hundred
Seventy Thousand Dollars ($170,000.00) And Fire Station Feasibility Study Project (No.
1003435) In The Amount Of Four Hundred Thirty Thousand Dollars ($430,000) To The
Citywide Fire Stations Aprons And Hardscape Project (No. 1003436) For Construction
And Project Contingency
20-0170
Attachments:
View Report Agenda Report
View Report Attachment A
View Report
View Report Legislation
88066 CMS
This City Resolution be Scheduled.tc go before the *Public Works Committee to
be heard 2/25/2020
City of Oakland
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RulesAndLegislationCommittee,2020-02-06,"*Rules & Legislation Committee
Meeting Minutes - FINAL
February 6, 2020
4.10
Subject:
Caltrans Local Roadway Safety Plan Funding Approval
From:
Transportation Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee
To Accept And Appropriate A Grant From The California Department Of Transportation
(Caltrans), In An Amount Of Seventy Two Thousand Dollars ($72,000.00) To Develop A
Local Roadway Safety Plan; And To Commit A Local Match Of Eight Thousand Dollars
($8,000.00)
20-0172
Attachments: View Report Agenda Report
View Report Attachment A
View Report Legislation
View Supplemental Report 2/21/2020
88067 CMS
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 2/25/2020
4.11
Subject:
Urban Area Security Initiative (UASI) Grant-FY 2019
From:
Oakland Fire Department
Recommendation: Adopt A Resolution: (1) Accepting And Appropriating Federal Fiscal
Year 2019 Urban Area Security Initiative (FY 2019 UASI) Grant Funds From The City And
County Of San Francisco In An Amount Of Up To One Million, Fifty Thousand Dollars
($1,050,000.00); (2) Approving The FY 2019 UASI Recommended Grant Spending Plan;
(3) Waiving The City's Advertising And Competitive Bidding And Purchasing
Requirements For Procurement Of Equipment When Required By The FY 2019 UASI
Grant; (4) Authorizing The City Administrator Or Designee To Expend Said Grant Funds
In Accordance With The Recommended Spending Plan Provided The City's Hiring And
Contracting Requirements And Programs/Policies Are Followed; (5) Accepting And
Appropriating Additional FY 2019 UASI Grant Funds In An Amount Not To Exceed Fifty
Percent (50%) Of The Original Grant Award; And (6) Authorizing Use Of The General
Fund Purpose Fund To Cover The Cost Of Central Service Overhead Charges Affiliated
With Said Grant
20-0151
Attachments: View Report
88070 CMS
This City Resolution be Scheduled. to go before the *Public Safety Committee
City of Oakland
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February 6, 2020
4.12
Subject:
Fiscal Year 2018 Urban Area Security Initiative (UASI) Grant
From:
Oakland Fire Department
Recommendation: Adopt A Resolution Amending Resolution No. 87526 C.M.S. By: (1)
Accepting And Appropriating Fiscal Year 2018 Urban Area Security Initiative (FY 2018
UASI) Grant Funds In The Amount Of One Hundred Thirty-Three Thousand Dollars
($133,000) For A Cumulative FY 2018 UASI Grant Award Of One Million One Hundred
Eighty-Three Thousand Dollars ($1,183,000); (2) Authorizing The City Administrator Or
Designee To Expend The Additional Grant Funds In Accordance With The FY 2018 UASI
Spending Plan To Increase Funding For Equipment And Staffing; And (3) Authorizing
Use Of The General Purpose Fund To Cover The Cost Of Central Service Overhead
Charges Affiliated With Said Grant.
20-0164
Attachments:
View Report
88069 CMS
This City Resolution be Scheduled.to go before the *Public Safety Committee to
be heard 2/25/2020
4.13
Subject:
Privacy Advisory Commission Annual Report 2018-19
From:
Office Of The City Administrator
Recommendation: Receive The 2018-19 Annual Informational Report From The Privacy
Advisory Commission
20-0152
Attachments: View Report
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 2/25/2020
4.14
Subject:
OPD Bi-Annual Crime Data Report
From:
Oakland Police Department
Recommendation: Receive A Bi-Annual Informational Report From The Oakland Police
Department (OPD) On Crime Data In The City Of Oakland
20-0163
Attachments: View Report
View Crime Report Attachment A
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 2/25/2020
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
4.15
Subject:
Adoption Of Citywide Privacy Principles
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Establishing As City Policy Seven Privacy
Principles To Assist City Departments Develop And Implement Internal Policies That
Protect The Privacy Of All Oakland Residents, Visitors, And The Public As Follows: (1)
To Design And Use Equitable Privacy Practices; (2) To Limit Collection And Retention Of
Personal Information; (3) To Manage Personal Information With Diligence; (4) To
Distribute Personal Information With Third Parties Only When Necessary And Consistent
With These Principles; (5) To Safeguard Individual Privacy In Public Record Disclosures;
(6) To Be Transparent And Open; And (7) To Be Accountable To Oakland Residents,
Visitors, And Members Of The Public
20-0165
Attachments: View Report
88071 CMS
This City Resolution be Scheduled.to go before the *Public Safety Committee to
be heard 2/25/2020
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
4.16
Subject:
City Attorney Informational Report
From:
Council President Kaplan
Recommendation: Receive An Informational Report From The Office Of The City
Attorney, Including The Following Information:1) When A Member Of A City Commission
Has A Complaint Of Misconduct By City Personnel, To Whom Should Such A Complaint
Be Submitted? Who Will Investigate Such Allegations? To Whom Will Any Result Be
Provided For Resolution? 2) When A Member Of The Public Has A Complaint About
Alleged Misconduct By The Mayor And/Or Administrator, What Are The Options For The
City Council To Take When We Receive Such A Complaint? By Whom Are Such
Complaints To Be Investigated And Responded? What Is The Appropriate Method For A
Member Of The Public To Submit Such Complaints And To Whom? 3) Does The City
Attorneys Office Have A Responsibility To Admonish Other City Elected Officials When
There Is A Concern About Violation Of The City Charter? If This Duty Or Power Of The
City Attorney Exists - Does This Apply To All City Officers Or Only Specific Ones? 4) Do
City Council Members Have An Attorney-Client Relationship With The City Attorney? 5)
What Are The Requirements For The ""State Of The City Address"" Per The City Charter?
What Is The Method For Noticing And Posting For Such A Meeting? What Is The Public
Comment Method And Rules? Who Is Responsible For Ensurinf Compliance With The
Section Of The Charter Requiring The Mayor To Deliver A Specified State Of The City
Address? When We Receive Complaints About Non-Compliance With This Section,
What Powers And Authorities Does The Council Have To Remedy And Respond? To
Whom Should Such Issues Be Referred For Investigation And Potential Remedy?; On
The March 26, 2020 Rules And Legislation Committee Agenda
20-0177
This item will be placed on Non Consent.
A
motion was made that this matter be Scheduled to go before the *Rules &
Legislation Committee, to be heard 3/26/2020. The motion carried by the
following vote:
Aye: 4 - Kalb, Kaplan, Thao, and McElhaney
NO VOTE: 0
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
4.17
Subject:
Appointment Of Interim City Administrator
From:
Office Of The Mayor
Recommendation: Adopt A Resolution (1) Confirming The Mayor's Appointment Of
Steven Falk As Interim City Administrator For The Period Commencing On March 12,
2020 And Ending At Midnight On July 10, 2020 Or Such Earlier Date As The Council
Confirms Appointment Of A City Administrator Or The Mayor Terminates The
Appointment; And (2) Authorizing The Mayor To Execute An Employment Agreement On
Behalf Of The City With Mr. Falk
20-0178
Attachments: View Report
88035 CMS
This item will be placed on Non Consent.
This City Resolution be Scheduled.tc go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
2/18/2020
4.18
Subject:
Private Eminent Domain
From:
Member Of The Public
Recommendation: Adopt A Resolution For Private Eminent Domain; On The March 3,
2020 City Council Agenda
20-0174
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
3/3/2020
4.19
Subject:
Councilmember Loren Taylor NLC Travel Reimbursement
From:
Councilmember Taylor
Recommendation: Adopt A Resolution Authorizing Reimbursement For Councilmember
Loren Taylor's Costs Of Approximately $2,800.00 From The Council Contingency Fund
For Travel To Washington, DC For Attendance At The National League Of Cities'
Congressional City Conference From March 8-11, 2020
20-0175
Attachments: View Report
88057 CMS
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
3/3/2020
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
4.20
Subject:
League Of California Cities Travel Reimbursement
From:
Councilmember Gallo
Recommendation: Adopt A Resolution Authorizing Reimbursement For Councilmember
Noel Gallo's Costs Of Approximately $2,887 From The Council Contingency Fund For
Travel To Washington, DC For Attendance At The National League Of Cities'
Congressional City Conference From March 7-11, 2020
20-0176
Attachments: View Report
88058 CMS
This City Resolution be Scheduled. to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
3/3/2020
CHANGES MADE TO THE PREVIOUSLY DISTRIBUTED 10 DAY AGENDAS
Changes Made To The February 11, 2020
Committee Agenda
Subject:
Proposed Alternative Joint Live Work Quarter Provisions
From:
Planning And Building Department
Recommendation: Approve A Report and Recommendation 1) Comparing The
Proposed Alternative Joint Live Work Quarter (JLWQ) Provisions Submitted To The City
Council On November 19, 2019 As ""Technical Amendment To Agenda Item 9.1"" And The
2019 California Model Building Construction Codes; And 2) Describing
Recommendations For Permitting New and Converted JLWQ To Maintain Safety And
Code Compliance
20-0118
Sponsors: Planning & Building Department
Attachments: View Report
This item was placed on the Pending List No Date Specific.
This Informational Report be Withdrawn with No New Date.
Changes Made To The February 11, 2020 Public Safety Committee Agenda
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
Subject:
Police Commission Oversight
From:
The Public Safety Committee
Recommendation: Adopt A Resolution Clarifying The Process For Oversight Of The
Police Commission
18-2538
Attachments: View Report
View Supplemental Report
This item was placed on the Pending List No Date Specific.
This City Resolution be Withdrawn with No New Date.
Changes Made To The February 13, 2020 Rules And Legislation Committee Agenda
Subject:
Resolution In Support Of AB 1851 (Wicks): Faith-Based Affiliated Housing
From:
Council President Kaplan And Councilmember McElhaney
Recommendation: Adopt A Resolution In Support Of AB 1851 (Wicks), Faith-Based
Affiliated Housing Development Projects, To Reduce Or Eliminate Any Parking
Requirements For Housing Development Projects Built On Religious-Use Parking Lots
20-0142
Attachments: View Report
88050 CMS
This item will be placed on the Non Consent calender.
This City Resolution be * Withdrawn and Rescheduled.to go before the *
Concurrent Meeting of the Oakland Redevelopment Successor Agency and the
City Council to be heard 2/18/2020
Subject:
Housing, Residential Rent And Relocation Board Appointments
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Reappointments Of
Terrence Williams As A Landlord Member, And Tanaiia Hall As A Tenant Member To
The Housing, Residential Rent And Relocation Board
20-0139
Attachments: View Report
88042 CMS
This item will be placed on the Consent calender.
This City Resolution be * Withdrawn and Rescheduled.to go before the *
Concurrent Meeting of the Oakland Redevelopment Successor Agency and the
City Council to be heard 2/18/2020
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
Subject:
Resolution In Support Of SB 795 (Beall)
From:
President Pro Tem Kalb
Recommendation: Adopt A Resolution In Support Of Senate Bill 795 (Beall) That Would
Establish The Affordable Housing And Community Development Investment Program In
Order To Facilitate Collaboration On State-Approved Redevelopment Plans For
Purposes Including Building More Affordable Housing
20-0079
Attachments: View Report
88051 CMS
This item will be placed on the Non Consent calender.
This City Resolution be * Withdrawn and Rescheduled.to go before the *
Concurrent Meeting of the Oakland Redevelopment Successor Agency and the
City Council to be heard 2/18/2020
5
A Review Of The Draft Agendas For The City Council Meeting Of February 18, 2020 And
The Rules And Legislation Committee Of February 20, 2020
20-0092
Attachments: View Report
There was 1 change to the Draft February 18, 2020 City Council Agenda.
Councilmember McElhaney was excused at 11:55 P.M.
There were 2 speakers on this item.
This Report and Recommendation be Accepted.
Excused: 1 - McElhaney
Aye: 3 - - Kalb, Kaplan, and Thao
NO VOTE: 0
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
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]
18-2106
Attachments: View Report
View Supplemental Report 1/10/2020
View Supplemental Legislation 2/7/2020
13585 CMS
Proof Of Publicaion 13585 CMS
The committee clarified this item will go for final passage on February 18, 2002.
This Ordinance be Accepted.
6
Subject:
Resolution In Support Of SB 795 (Beall)
From:
President Pro Tem Kalb
Recommendation: Adopt A Resolution In Support Of Senate Bill 795 (Beall) That Would
Establish The Affordable Housing And Community Development Investment Program In
Order To Facilitate Collaboration On State-Approved Redevelopment Plans For
Purposes Including Building More Affordable Housing
20-0079
Attachments: View Report
88051 CMS
A motion was made that this matter be * Withdrawn and Rescheduled to go
before the * Concurrent Meeting of the Oakland Redevelopment Successor
Agency and the City Council, to be heard 2/18/2020. The motion carried by the
following vote:
Aye: 4 - Kalb, Kaplan, Thao, and McElhaney
NO VOTE: 0
City of Oakland
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Meeting Minutes - FINAL
February 6, 2020
Open Forum (Total Time Available: 15 Minutes)
2 speakers spoke during Open Forum.
Adjournment
There being no further business, and upon the motion duly made, the Oakland City
Council Rules And Legislation Committee adjourned the meeting at 12:21 p.m.
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City of Oakland
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