body,date,text,page,path
RulesAndLegislationCommittee,2015-12-03,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
Meeting Minutes
LaTonda Simmons, City
Clerk
CITY OF OAKLAND
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, December 3, 2015
10:45 AM
City Council Chamber, 3rd Floor
The Oakland City Council Rules & Legislation Committee convened at 10:55 a.m.,
with Council President Gibson McElhaney presiding as Chairperson.
Roll Call / Call To Order
Present 4 - Abel J. Guillén, Dan Kalb, Laurence E. Reid, and Lynette Gibson McElhaney
1
Determinations Of Closed Session
15-0241
Attachments: View Report
A Special Closed Session has been scheduled for December 8, 2015 at 2:00 p.m..
A motion was made by Reid, seconded by Guillén, that this matter be Received
and Filed. The motion carried by the following vote:
Aye: 4 - Guillén, Kalb, Reid, and Gibson McElhaney
2
Approval Of The Draft Minutes From The Committee Meeting Of November 12,
November 19, And November 26, 2015
15-0242
Attachments:
View Report
A
motion was made by Reid, seconded by Guillén, that this matter be Received
and Filed. The motion carried by the following vote:
Aye: 4 - Guillén, Kalb, Reid, and Gibson McElhaney
3
Determination Of Schedule Of Outstanding Committee Items
15-0243
Attachments: View Report
A motion was made by Reid, seconded by Guillén, that this matter be Received
and Filed. The motion carried by the following vote:
Aye: 4 - Guillén, Kalb, Reid, and Gibson McElhaney
City of Oakland
Page 1
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day
Agendas (SUPPLEMENTAL)
15-0244
Attachments: View Report
There was one speaker on this item.
A motion was made by Kalb, seconded by Guillén, that this matter be Received
and Filed. The motion carried by the following vote:
Aye: 4 - Guillén, Kalb, Reid, and Gibson McElhaney
4.1
Subject:
Honoring Audree V. Jones-Taylor Upon Her Retirement
From:
President Pro Tempore Reid And Councilmember Campbell Washington
Recommendation: Adopt A Recognizing And Honoring Oakland Parks And
Recreation Director Audree V. Jones-Taylor For More Than 11 Years Of Dedicated
Service To The Residents Of The City Of Oakland Upon Her Retirement
15-0377
Attachments: View Report
85908 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 12/8/2015
4.2
Subject:
Settlement Agreement - New Cingular LLC
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Case Of New Cingular Wireless LLC, Et Al. V. City Of
Oakland, Et Al., Los Angeles County Superior Court Case No. BC462270 City
Attorney's File No. X03697, In The Amount Of Seven Hundred Twenty-Five Thousand
Nine Hundred Fifty-Four Dollars And No Cents ($725,954.00) (Revenue)
15-0381
Attachments:
View Report
85913 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 12/8/2015
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.3
Subject:
Settlement Agreement - In Re Municipal Derivatives Antitrust Litigation
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Approving Partial Settlement Of In Re
Municipal Derivatives Antitrust Litigation, United States District Court Southern District
Of New York, MDL No. 1950, Authorizing Acceptance Of Payment From George K.
Baum Of $35,000 And Acceptance Of Payment From Societe Generale Of $263,089
In Exchange For Dismissal Of The Lawsuit By The City
15-0382
Attachments: View Report
85914 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 12/8/2015
4.4
Subject:
Declaring A Shelter Crisis In The City Of Oakland
From:
Office Of The Mayor And Councilmember Guillén
Recommendation: Adopt An Ordinance Declaring A Shelter Crisis In The City Of
Oakland, Making Findings That A Significant Number Of Persons Are Without The
Ability To Obtain Shelter, And That The Situation Has Resulted In A Threat To The
Health And Safety Of Those Persons And Suspending Planning, Zoning, And Other
Permit Requirements For Additional Homeless Shelters If Needed And Subject To
Further Council Approval
15-0352
Attachments: View Report
View Supplemental Report
13348 CMS
13348 P.O.P.
This Ordinance was Scheduled.to the Meeting of the Oakland City Council to be
heard 12/8/2015 as a Non-Consent Item
4.5
Subject:
Rent Relief For Businesses In City Owned Properties In Latham Square
From:
Council President Lynette Gibson McElhaney
Recommendation: Adopt A Resolution For Rent Relief And Other Policies To Mitigate
Harms On Local Businesses In City Owned Properties In Latham Square Impacted By
The Continuing City Construction
15-0411
This City Resolution was Withdrawn with No New Date.
City of Oakland
Page 3
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.6
Subject:
PFRS Report As Of September 30, 2015
From:
Finance Department
Recommendation: Receive An Informational Report On The Oakland Police And Fire
Retirement System's Investment Portfolio As Of September 30, 2015
15-0413
Attachments: View Report
This Informational Report was Scheduled.to the *Finance & Management
Committee to be heard 12/15/2015
4.7
Subject:
Purchase Of Thermoplastic Pre-Melting Kettles
From:
Finance Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Award A
Contract To Mark Rite Lines Equipment Co., Inc, The Lowest Responsible,
Responsive Bidder, A Corporation, To Provide Two (2) 2015 Model Trailer Mounted
Thermoplastic Pre-Melting Kettles, In An Amount Not To Exceed One Hundred Six
Thousand Seven Hundred Forty-Nine Dollars And Fifty-Five Cents ($106,749.55) Per
Request For Quotation (RFQ) No. 5485, Specification No. 15-070-59 And The
General Conditions Therefor On File In The Purchasing Section According To Its Bid
Filed With The City On April 20, 2015
15-0414
Attachments: View Report
85935
This City Resolution was Scheduled.to the *Finance & Management Committee to
be heard 12/15/2015
4.8
Subject:
Resolution To Redirect Funds For Illegal Dumping Mitigation
From:
Keep Oakland Clean And Beautiful
Recommendation: 1) Receive A Report Detailing Illegal Dumping And Enforcement;
And
15-0415
Attachments: View Report
This Informational Report was Scheduled.to the *Public Works Committee to be
heard 12/15/2015
2) Adopt A Resolution Authorizing The City Administrator To Redirect Use Of One
Hundred Thousand Dollars ($100,000) Designated For Mattress Recycling Pilot
Program In Recycling Program Fund (1710) For Use As Illegal Dumping Mitigation
Funding
15-0416
Attachments: View Report
85937 CMS
This City Resolution was Scheduled.to the *Public Works Committee to be heard
12/15/2015
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.9
Subject:
PG&E Substation C MOU & LUC
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter
Into A Memorandum Of Understanding Negotiated Between Pacific Gas And Electric
(PG&E) And The City Of Oakland And A Land Use Covenant Between The California
Department Of Toxic Substances Control And The City Of Oakland Regarding
Potential Contamination Beneath The Sidewalk Adjacent To PG&E's Substation C
Property
15-0417
Attachments: View Report
DOC011916-003 0119D
This City Resolution was Scheduled.to the *Public Works Committee to be heard
12/15/2015
4.10
Subject:
DDA For 2330 Webster Street & 2315 Valdez Street
From:
Economic & Workforce Development Department
Recommendation: Adopt An Ordinance Authorizing The City Administrator, Without
Returning To The City Council, To Negotiate And Execute A Disposition And
Development Agreement (DDA) And Related Documents Between The City Of
Oakland And TDP Webster, LLC Or A Related Entity Or Affiliate That Provides For (1)
The Sale Of Two Contiguous City-Owned Parcels Located At 2330 Webster Street
And 2315 Valdez Street To Developer For Their Combined Appraised Market Value
Of $9,450,000; (2) TDP Webster's Construction On The Property Of A Residential
Mixed-Use Project, Including Ground Floor Retail Space And A Public Parking
Garage; (3) The City's Purchase From TDP Webster, LLC Of The Public Parking
Garage For A Cost Not To Exceed $13,468,780; (4) Negotiation And Execution Of
Agreements Providing For Easements And Entry Rights And Other Matters Required
For The Operation And Maintenance Of The Public Parking Garage; And (5)
Negotiation And Execution Of Amendments To Existing Parking License Agreement
With Third Parties To Facilitate Development Of The Project
15-0406
Attachments: View Report
View Supplemenral Report
13350 CMS
13350 Proof of Publication
This Ordinance was Scheduled.to the *Community & Economic Development
Committee to be heard 12/15/2015
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.11
Subject:
Amendments To The Ellis Act Ordinance
From:
Housing & Community Development Department
Recommendation: Adopt An Ordinance To Amend The Ellis Act Ordinance O.M.C.
12530 C.M.C. To (1) Extend Relocation Payments To All Households Regardless Of
Income; (2) Set The Base Amount Of Relocation Payment At $6,500 Per
Studio/One-Bedroom Units, $8,000 Per Two-Bedroom Units, And $9,875 Per Three
Or More Bedroom Units; (3) Require An Additional Payment Of $2,500 Per Unit For
Units With Tenants Who Are Seniors, Disabled, Low-Income, Or Families With Minor
Children; And (4) Require That Half Of The Payment Be Made When The Termination
Notice Is Given And The Other Half Of The Payment Made Upon Tenant's Move Out
15-0407
Attachments: View Report
View Supplemental Report
13358 CMS
This Ordinance was Scheduled.to the *Community & Economic Development
Committee to be heard 12/15/2015
4.12
Subject:
Coliseum Transit Village Owner Participation Agreement (OPA)
From:
Economic & Workforce Development Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Authorizing The City Administrator Or Designee To Negotiate And
Execute (1) An Owner Participation Agreement Among The City Of Oakland (""City""),
The Oakland Economic Development Corporation (""OEDC"") And Urban Core
Partners, LLC (""Urban Core"") Or The City And A Related Entity Of OEDC And Urban
Core And (2) A Development Loan Agreement Among The City, OEDC And Urban
Core Or The City And A Related Entity Of OEDC And Urban Core For A Loan Amount
Not To Exceed Eleven Million Six Hundred Thousand Dollars ($11,600,000)
Comprised Of: (A) $8,000,000 In Previously Approved Oakland City Council
Resolution No. 84516 C.M.S. Redevelopment Project Area Excess Bond Spending
Plan Uses: Coliseum Transit Village Phase I; (B) Re-Allocating $3,200,000 In 2006
Coliseum Taxable Bond Funds From Coliseum BART Station Transit Village
Infrastructure Project To The Coliseum Transit Village Phase I Project; And (C)
Amending The Coliseum Redevelopment Project Area Excess Bond Spending Plan
To Re-Appropriate And Re-Allocate Excess Bond Proceeds In The Amount Of
$400,000 Previously Listed And Committed In The Approved Bond Spending Plan To
The Coliseum City Specific Plan All In Connection With The Coliseum Transit Village
Phase I Project; And
15-0409
Attachments:
View Report
View Supplemental Report
DOC012516 0125C
This City Resolution was Scheduled.to the *Community & Economic
Development Committee to be heard 12/15/2015
City of Oakland
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Meeting Minutes
December 3, 2015
2) A Resolution Authorizing The City Administrator Or Designee To Negotiate And
Execute A Memorandum Of Understanding (""MOU"") With The Bay Area Rapid Transit
District (""BART"") For Purposes Of Providing Additional Coliseum BART Station
Surface Parking Between 69th And 75th Avenues On The City Owned Parking Lot
Located On Snell Street (APN # 041-4170-005-04), And Along City Right Of Way On
A Portion Of 71st Avenue And On Snell Street Between 69th And 75th Avenues
15-0410
Attachments: DOC012516-003 0125
This City Resolution was Scheduled. to the *Community & Economic
Development Committee to be heard 12/15/2015
4.13
Subject:
Brooklyn Basin Affordable Housing
From:
Housing & Community Development Department
Recommendation: Adopt A Resolution Approving The Financing Plan For
Developing Affordable Housing At The Brooklyn Basin Project, And Approving
Submittal Of A Petition For A Final And Conclusive Determination By The California
Department Of Finance (DOF) Of The Enforceable Obligation To Fund Such
Development
15-0418
Attachments: View Report
View Supplemental Report
DOC011916-004 0119D
This City Resolution was Scheduled.to the *Community & Economic
Development Committee to be heard 12/15/2015
4.14
Subject:
2015-2016 WIB Budget Follow-Up
From:
Economic & Workforces Development Department
Recommendation: Receive An Informational Report To Further Explain, Clarify, And
Examine Administrative And Program Support Costs In The Workforce Investment
Board Budget And Evaluate Any Possible Reallocation Of Funds In Fiscal Year
2015-2016
15-0419
Attachments: View Report
This Informational Report was Scheduled.to the *Community & Economic
Development Committee to be heard 12/15/2015
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.15
Subject:
Criteria For Allocation Of Raider Ticket Surcharge Funds
From:
Oakland Parks And Recreation Department
Recommendation: Receive A Report And Recommendation To The City Council To
Accept And Continue With The Current Criteria For Allocation Of Raider Ticket
Surcharge Funds Used To Expose Oakland's Youth To Non-Traditional Sports
(Tennis, Golf, Girls Sports), Aquatics (Swimming, Tallship Sailing, Sailing And
Boating), Outdoor Recreation (Camping, Surfing, Rock Climbing) And Cultural Events
15-0420
Attachments: View Report
This Report and Recommendation was Scheduled.to the *Life Enrichment
Committee to be heard 12/15/2015
4.16
Subject:
Goat Grazing Contract
From:
Oakland Fire Department
Recommendation: Adopt A Resolution: 1) Waiving The Advertising And The Fixed,
Sealed Bid, Price-Based Bid Process; And 2) Authorizing The City Administrator Or
Her Designee To Enter Into A Professional Services Contract With Ecosystems
Concepts, Inc. (ECI), To Provide Goat Grazing Services In The City Of Oakland For A
Two (2) Year And Six (6) Month Period Beginning July 1, 2015 Through December 31,
2017, For A Total Contract Amount Not To Exceed Six Hundred Seventy-Five
Thousand, Five Hundred Seventy-Five Dollars ($675,575.00) For The Entire Two Year
(2) And Six Month (6) Period
15-0402
Attachments: View Report
View Supplemental Report
DOC011916-005 0119D
This City Resolution was Scheduled.to the *Public Safety Committee to be heard
12/15/2015
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.17
Subject:
Fiscal Year 2015, Urban Search And Rescue Grant
From:
Oakland Fire Department
Recommendation: Adopt A Resolution: (1) Authorizing The City Administrator Or Her
Designee To (A) Enter Into A Grant Cooperative Agreement With The Federal
Emergency Management Agency (FEMA) To Accept And Appropriate Federal FEMA
Funds For The Period September 30, 2015 To September 30, 2018, In The Amount
Of One Million Two Hundred Twenty Nine Thousand Five Hundred Eighty Two Dollars
($1,229,582) To Meet Continuing Management, Training And Equipment Needs Of
The Fire Department's Urban Search And Rescue (US&R) Task Force (US&R Task
Force) And (B) To Expend The FEMA Funds In Accordance With The Preliminary
Spending Plan Without Further Council Approval, Including Funding For Training And
The Purchase Of Equipment From The General Services Administration (GSA) And
Other Government Pricing Schedules; (2) Waiving The City's Advertising, Competitive
Bidding And Purchasing Requirements For The Procurement Of Equipment When
Required By The Grant Terms; And (3) Approving Travel For City Personnel That
Provide Services Under The FEMA Cooperative Agreement On Short Notice Without
Further Council Authorization
15-0403
Attachments: View Report
View Supplemental Report
85941 CMS
This City Resolution was Scheduled.to the *Public Safety Committee to be heard
12/15/2015
4.18
Subject:
Oakland School Police Vehicle Donation
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or
Designee, To Accept On Behalf Of The City Of Oakland Six Used Motorcycles Valued
At $64,000 (Sixty Four Thousand Dollars), One Used Vehicle Trailer Valued At $5,000
(Five Thousand Dollars), And One Used Panel Van Valued At $7,500 (Seven
Thousand Five Hundred Dollars), From The Oakland Unified School District Police
Department (OSPD) To Be Used For Official Oakland Police Department (OPD)
Purposes [TITLE CHANGE]
15-0404
Attachments: View Report
View Supplemental Report
This City Resolution was Scheduled.to the *Public Safety Committee to be heard
12/15/2015
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.19
Subject:
Forensic Biology Supply Purchase
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or
Designee, To: 1) Waive The City's Competitive Advertising And Bidding Requirements
And Purchase DNA Analysis Supplies, Instrumentation, Instrument Services, And
DNA Interpretation Software From Applied Biosystems (A.K.A. Thermofisher), Qiagen,
Aurora Biomed, Niche Vision, VWR/Fisher/ USA Scientific And Promega; And Sexual
Assault Evidence Collection Kits From Tritech, Inc., For A Total Cost Not To Exceed
Four Hundred Sixty Five Thousand Dollars ($465,000); And 2) Extend The Purchasing
Agreement With Each Vendor Without Returning To City Council Through June 30,
2020, For A Total Cost Not To Exceed Three Hundred Thirty Thousand Dollars
($330,000) Per Fiscal Year, For A Total Purchase Agreement Not To Exceed One
Million Seven Hundred Eighty Five Thousand Dollars ($1,785,000)
15-0405
Attachments: View Report
DOC011916-008 0119D
This City Resolution was Scheduled.to the *Public Safety Committee to be heard
12/15/2015
4.20
Subject:
Cannabis Regulatory Commission Biennial Report
From:
Office Of The City Administrator
Recommendation: Receive The Cannabis Regulatory Commission Biennial Report
15-0421
Attachments: View Report
This Informational Report was Scheduled.tc the *Public Safety Committee to be
heard 1/12/2016
4.21
Subject:
Imposing A Ban On Unsecured Concealable Firearms
From:
Councilmembers Kaplan, Kalb & Campbell Washington And City Attorney
Barbara Parker
Recommendation: Adopt An Ordinance Banning Unsecured Firearms And
Ammunition Located In Unattended Vehicles In The Public Right Of Way And ""Public
Places"" As Defined In The Ordinance [TITLE CHANGE]
15-0422
Attachments: View Report
View Supplemental Report
13351 CMS
13351 P.O.P.
This Ordinance was Scheduled.to the *Public Safety Committee to be heard
12/15/2015
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.22
Subject:
City Issued Firearms
From:
Councilmembers Kaplan, Kalb & Campbell Washington And City Attorney
Barbara Parker
Recommendation: Adopt An Ordinance Requiring That City-Issued Firearms In
Unattended Vehicles Be Secured [TITLE CHANGE]
15-0423
Attachments: View Report
This Ordinance was Scheduled.to the *Public Safety Committee to be heard
12/15/2015
4.23
Subject:
Large Capacity Magazine Ban & Safe Firearm Storage
From:
Councilmembers Dan Kalb & Annie Campbell Washington
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Ordinance Prohibiting Possession Of Large-Capacity Magazines; And
15-0424
Attachments: View Report
View Supplemental Report
View Supplemental Report
13352 CMS
13352 P.O.P
This Ordinance was Scheduled.to the *Public Safety Committee to be heard
12/15/2015
(4) A Resolution Directing The City Administrator To Return To Council Within Four
Months With An Ordinance Requiring That City-Issued Firearms In Automobiles Must
Be Secured
15-0425
Attachments: View Report
This Ordinance was Scheduled.to the *Public Safety Committee to be heard
12/15/2015
4.24
Subject:
Golden Gate Renaming
From:
Oakland Parks And Recreation Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A
Resolution To Rename The Golden Gate Recreation Center The Charles Porter
Golden Gate Recreation Center
15-0408
Attachments: View Report
85964 CMS
This City Resolution was Scheduled.to the *Rules & Legislation Committee to be
heard 12/17/2015
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
4.25
Subject:
State Legislative Activities & Proposed 2016 State Legislative Priorities
From:
Office Of The Mayor
Recommendation: Receive A Report On 2015 State Legislative Activities And
Accomplishments, And Take Possible Action On Proposed 2015-16 State Legislative
Priorities
15-0412
Attachments: View Report
View Supplemental Report
This Report and Recommendation was Scheduled.to the *Rules & Legislation
Committee to be heard 12/17/2015
Item Submitted On The Dias
Subject:
Surplus Lands Act Discussion
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Waiving Attorney-Client Privilege For Certain
Legal Opinions On The Applicability Of The California Surplus Land Act To City Real
Property Transactions
15-0375
Attachments: View Report
This Report and Recommendation was Scheduled.to the Meeting of the Oakland
City Council to be heard 12/8/2015
5
A Review Of The Council Committees' Actions From December 1, 2015 And
Determination Of Scheduling To The City Council Meeting Of December 8, 2015
(MATRIX)
15-0245
Attachments: View Report
A motion was made by Reid, seconded by Guillén, that this matter be Received
and Filed. The motion carried by the following vote:
Aye: 4 - Guillén, Kalb, Reid, and Gibson McElhaney
6
A Review Of The Draft Agendas For The Special Council Committee Meetings Of
December 15, 2015 And The Rules And Legislation Committee Of December 17,
2015
15-0329
Attachments: View Report
The December 15, 2015 Special Community & Economic Development Committee
will be held at 1:00 p.m. in council Chambers.
City of Oakland
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RulesAndLegislationCommittee,2015-12-03,"*Rules & Legislation Committee
Meeting Minutes
December 3, 2015
Open Forum (Total Time Available: 15 Minutes)
There was one Open Forum speaker.
Adjournment
There being no further business, and upon the motion duly made, the Council
adjourned the meeting at 11:35 a.m.
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City of Oakland
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