body,date,text,page,path
RulesAndLegislationCommittee,2016-03-03,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
Meeting Minutes - FINAL
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, March 3, 2016
10:45 AM
City Council Chamber, 3rd Floor
The Oakland City Council Rules & Legislation Committee convened at 11:00 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
15-0478
Attachments:
View Report
Special Closed Session has been scheduled for March 15, 2016 at 3:00 p.m.
A motion was made by Guillén, seconded by Kalb, that this matter be Received
and Filed. The motion carried by the following vote:
Aye: 3 - Guillén, Kalb, and Gibson McElhaney
Absent: 1 - Reid
2
Approval Of The Draft Minutes From The Committee Meetings Of January 14,
January 28, February 4, 2016 And February 18, 2016
15-0479
Attachments: View Report
View Report
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
3
Determination Of Schedule Of Outstanding Committee Items
15-0480
Attachments: View Report
A motion was made by Kalb, seconded by Guillén, that this matter be Received
and Filed. The motion carried by the following vote:
City of Oakland
Page 1
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
Aye: 4 - Guillén, Kalb, Reid, and Gibson McElhaney
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day
Agendas (SUPPLEMENTAL)
15-0481
Attachments: View Report
There were 23 speakers on this item.
A motion was made by Reid, seconded by Kalb, 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:
Amending Fire Code Chapter 15.12, Section 114.3
From:
Finance Department
Recommendation: Adopt An Ordinance Amending Chapter 15.12, Section 114.3 Of
The Oakland Fire Code To Authorize Use Of The Lien Process To Recover Unpaid
Administration And Reinspection Fees, Fines, Interest, Penalties, And Collection Fees
And Other Costs Associated With Enforcement Of The Fire Code
15-0654
Attachments: View Report
View Supplemental Report
View Supplemental Report
This Ordinance was Scheduled.to the Meeting of the Oakland City Council to be
heard 3/15/2016 as a Public Hearing
4.2
Subject:
Amending The Master Fee Schedule
From:
Finance Department
Recommendation: Adopt An Ordinance Amending Ordinance 13320 C.M.S. (The FY
2015-16 Master Fee Schedule, Or ""MFS""), To Establish, Modify And Delete Fees And
Penalties Assessed By Offices, Departments, Bureaus, And Agencies Of The City Of
Oakland, Referenced Herein
15-0655
Attachments: View Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
This Ordinance was Scheduled.to the Meeting of the Oakland City Council to be
heard 3/15/2016 as a Public Hearing
City of Oakland
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
4.3
Subject:
Settlement Agreement - Tillis V. City Of Oakland
From:
Office of the City Attorney
Recommnedation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Case Of Antonio Tillis V. City Of Oakland, Alameda
County Superior Court Case No. RG12645745 City Attorney's File No. 29024, In The
Amount Of Four Hundred Fifty Thousand Dollars And No Cents ($450,000.00)
(Oakland Public Works Dangerous Condition)
15-0714
Attachments: View Report
86037 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 3/15/2016
4.4
Subject:
Settlement Agreement - Douglas V. City Of Oakland
From:
Office of the City Attorney
Recommnedation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Case Of Trulynia Douglas V. City Of Oakland, Et Al.,
Alameda County Superior Court Case No. RG13691032, City Attorney's File No.
29435, In The Amount Of Sixty Thousand Dollars And Zero Cents ($60,000.00)
(Public Works - Dangerous Condition)
15-0715
Attachments:
View Report
86038 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 3/15/2016
4.5
Subject:
Settlement Agreement - Claim Of William Jetter
From:
Office of the City Attorney
Recommnedation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Claim Of William Jetter, In The Amount Of Nine
Thousand Nine Hundred Ninety-Seven Dollars And 00/100 Cents ($9,997.00) As The
Result Of Damages Sustained From A Bicycle Incident Involving A Pothole On May
15, 2015 (Public Works - Dangerous Conditions)
15-0716
Attachments:
View Report
86039 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 3/15/2016
City of Oakland
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Meeting Minutes - FINAL
March 3, 2016
4.6
Subject:
Settlement Agreement - Claim Of Bristol West A/S/O Sofia Alma Martin Del
Campo
From:
Office of the City Attorney
Recommnedation: Adopt A Resolution Authorizing And Directing The City Attorney
To Compromise And Settle The Claim Of Bristol West As Subrogee Of (A/S/0) Sofia
Alma Martin Del Campo In The Amount Of Nine Thousand Six Hundred Seventy-Five
Dollars And 16/100 Cents ($9,675.16) As The Result Of Damages Sustained From An
Automobile Collision On May 5, 2015 (Oakland Police Department - Automobile
Collision)
15-0717
Attachments:
View Report
86040 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 3/15/2016
4.7
Subject:
Locate Unlawful Detainers & Self-Help Center In Oakland Courthouse
From:
Office Of The City Attorney And Council President Gibson McElhaney
Recommendation: Adopt A Resolution Urging The Alameda County Superior Court
To Reconsider Its Decision To Relocate All Unlawful Detainer Actions And The
Self-Help Center To Hayward And Instead To Locate Oakland Unlawful Detainers And
A Self-Help Center In An Oakland Courthouse
15-0718
Attachments:
View Report
86054 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 3/15/2016
City of Oakland
Page 4
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
4.8
Subject:
Purchase Of Mobile Radios
From:
Information Technology Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her
Designee To: 1) Negotiate And Enter Into An Agreement With Motorola Solutions, Inc.
In An Amount Not To Exceed Three Million Eight-Hundred Thousand Dollars
($3,800,000) For The Purchase Of Nine Hundred (900) Mobile Radios And Associated
Equipment, Programming, Testing, Installation And Professional Services In Support
Of The Mobile Radios Replacement Project; 2) Reallocate Funds In The Amount Not
To Exceed Two Million Dollars ($2,000,000) Through Previously Allocated Funds As
Approved By Council On Resolution No. 85113 C.M.S. July 15, 2014 To Pay For The
Radio Fleet Replacement; 3) Reallocate Funds In The Amount Not To Exceed One
Million Dollars ($1,000,000) Through 2008 Bond Fund; 4) Appropriate And Allocate In
The Amount Not To Exceed Eight Hundred Thousand Dollars ($800,000) Through
Radio Funds To Pay For The Radio Fleet Replacement; And 5) Waive The City's
Advertising, Competitive Bid And Request For Proposal (RFP) Process For
Equipment, Products And Professional Services For The Above Described Contract
15-0730
Attachments: View Report
View Supplemental Report
86055 CMS
DUE TO THE PRESENCE OF COUNCILMEMBER BROOKS, A QUORUM OF THE
CITY COUNCIL WAS NOTED, AND A MOTION WAS MADE AND SECONDED TO
ADJOURN THE MEETING OF THE RULES & LEGISLATION COMMITTEE, AND TO
CONVENE AS A SPECIAL MEETING OF THE FULL COUNCIL AT 11:11 A.M.
THE SPECIAL MEETING OF THE CITY COUNCIL ADJOURNED AT THIS TIME AND
RECONVENED AS THE RULES & LEGISLATION COMMITTEE AT 11:12 A.M.
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 3/15/2016
4.9
Subject: Support For HR 3965 & 3384 FAA Community Accountability & Quiet
Communities Acts
From:
Vice Mayor Annie Campbell Washington And President Pro Tempore Reid
Recommendation: Adopt A Resolution Declaring The City Of Oakland's Support For
HR 3965- The FAA Community Accountability Act Of 2015 And HR 3384- The Quiet
Communities Act Of 2015
15-0700
Attachments: View Report
This City Resolution was * Withdrawn from the March 10, 2016 Rules &
Legislation and Rescheduled to the *Rules & Legislation Committee to be heard
3/17/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
4.10
Subject:
Major Encroachment Permits At Various Locations
From:
Oakland Public Works Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Granting A Conditional And Revocable Major Encroachment Permit
To Zwuschen, LLC. To Allow Portion Of The Existing Building At 1945 And 1955
Broadway To Encroach Into The Public Right-Of-Way Along The Building Frontage
On Broadway And On 20th Street; And
15-0719
Attachments: View Report
This City Resolution was Scheduled.to the *Public Works Committee to be heard
3/22/2016
2) A Resolution Granting A Conditional And Revocable Major Encroachment Permit
To Broadway Oak Partners LLC To Allow Portion Of The Building Above Grade At
459 8th Street To Encroach Into The Public Right-Of-Way Along 8th Street And
Broadway; And
15-0720
3) A Resolution Granting A Conditional And Revocable Major Encroachment Permit
To Trustees Chapel Of The Chimes Special Care Funds To Allow Portion Of The
Building Above Grade At 4435 Piedmont Avenue To Encroach Into The Public
Right-Of-Way Along The Building Frontage On Piedmont Avenue; And
15-0721
4) A Resolution Granting A Conditional And Revocable Major Encroachment Permit
To 265 Vernon Street, LLC To Allow Portion Of The Building Above Sidewalk At 459
23rd Street To Encroach Into The Public Right-Of-Way Along The Building Frontage
On 23rd Street And Valley Street; And
15-0722
5) A Resolution Granting A Conditional And Revocable Major Encroachment Permit
To Temescal Investors, LLC To Allow Portion Of The Building Above Grade At 5239
Claremont Avenue To Encroach Into The Public Right-Of-Way Along The Building
Frontage On Telegraph Avenue
15-0723
City of Oakland
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
4.11
Subject:
Highway Safety Improvement Program Cycle 5 (HSIP5) Contract Awards
From:
Oakland Public Works Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Awarding A Construction Contract To Ray's Electric For Highway
Safety Improvement Program Cycle 5 (HSIPS): West MacArthur Boulevard, Project
No. C468210 And C468211, The Lowest, Responsible, Responsive Bidder In
Accordance With Project Plans, Specifications, State Requirements, And With
Contractor's Bid In The Amount Of One Million Thirty-Four Thousand Seventy-One
Dollars ($1,034,071); And
15-0724
Attachments: View Report
This City Resolution was Scheduled.to the *Public Works Committee to be heard
3/22/2016
2) A Resolution Awarding A Construction Contract To Beliveau Engineering
Contractors, Inc. For Highway Safety Improvement Program Cycle 5 (HSIPS): Market
Street, Project No. C468230 And C48231, The Lowest, Responsible, Responsive
Bidder In Accordance With Project Plans, Specifications, State Requirements, And
With Contractor's Bid In The Amount Of Eight Hundred Ninety-Five Thousand Three
Hundred Ten Dollars ($895,310)
15-0725
4.12
Subject:
On-Call Transportation Professional Services Agreements
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Enter Into Professional Services Agreements For On-Call Transportation
Planning Services In The Amount Of Five Hundred Thousand Dollars ($500,000.00)
Each To Six Firms Including: Nelson Nygaard Consulting Associates, Inc., Fehr And
Peers Transportation Consultants, Alta Planning+ Design, Community Design+
Architecture, Placeworks, And Kittelson Associates Inc.
15-0726
Attachments: View Report
This City Resolution was Scheduled.to the *Public Works Committee to be heard
3/22/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
4.13
Subject:
Measure WW And State HRPP Reallocations
From:
Oakland Parks & Recreation Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Authorizing Reallocation Of A Portion Of The East Bay Regional Park
District Open Space, Wildlife, Shoreline, And Parks Bond (Measure WW Bond) Local
Grant Program Fund For The Charles Porter Golden Gate Recreation Center Project
(No. C377320) In The Amount Of One Million Thirty-One Thousand Seven Hundred
Dollars ($1,031,700.00) To The Curt Flood Field Project (No. TBD); And Authorize
The City Administrator Or Designee To Re-Apply And Reallocate The Grant Funds
For Both Projects From East Bay Regional Park District For The Measure WW Bond;
And
15-0727
Attachments: View Report
This City Resolution was Scheduled.to the *Public Works Committee to be heard
3/22/2016
2) A Resolution Authorizing The City Administrator To Request Reallocation Of Grant
Funds From The California Department Of Housing And Community Development
Under The Housing Related Parks Program In An Amount Not To. Exceed
$1,031,700.00 From The Curt Flood Field Project (No. C495010) To The Charles
Porter Golden Gate Recreation Center Project (No. TBD)
15-0728
4.14
Subject:
Maximize Use Of Available Funding To Benefit Oakland's Job Seekers And
Employers And Avert Further Displacement Of Oakland Residents Due To
Unemployment
From:
President Pro Tempore Reid
Recommendation: Adopt A Resolution To Reallocate City Wokforce Innovation And
Opportunity Act (WIOA) Investment Funds To Previously Approved Service Providers
To: 1) Utilize Available City Savings (WIOA Personnel And Other Charges) In The
Current Fiscal Year; 2) Avoid Returning Additional Funds To The State For Failure Of
The City To Utilize Said Funds In A Timely Manner; And 3) Achieve Better Alignment
Of Actual Reduction Of WIOA Allocation To Oakland (Less Than 2%) With
Reductions To Service Providers (15-24%)
15-0713
This City Resolution was Withdrawn with No New Date.
City of Oakland
Page 8
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Meeting Minutes - FINAL
March 3, 2016
4.15
Subject:
ShotSpotter Contract Extension
From:
Oakland Police Department
Recommendation: Adopt A Resolution: 1) Authorizing The City Administrator To
Enter Into An Agreement With SST, Inc. For Gunshot Detection Services That Will
Consolidate All Three ShotSpotter Phase Area Programs Into A Consolidated
Contract On An Annual Basis From April 19, 2016 To April 18, 2017, At A Cost Of
Four Hundred Ninety-Four Thousand Six Hundred Dollars ($494,600.00) Per Year,
With An Option To Renew For Three Additional One-Year Terms, For A Total
Contract Amount Not To Exceed One Million Nine Hundred Seventy-Eight Thousand
Four Hundred Dollars ($1,978,400); And 2) Waiving The Competitive Request For
Proposal/Qualifications (RFP/Q) Process, The Advertising And Bidding Requirements,
And Local And Small Local Business (L/SLB) Enterprise Program Provisions For The
Agreement With SST, Inc.
15-0711
Attachments: View Report
View Supplemental Report
This City Resolution was Scheduled.tc the *Public Safety Committee to be heard
3/22/2016
4.16
Subject:
Cadet Program Grant
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or
Designee, To 1) Enter Into A Funding Agreement With The Oakland Funding
Education Fund To Accept Grant Funds In An Amount Not To Exceed Seven Hundred
Fifty Thousand Dollars ($750,000) From To Fund The Salary And Benefits Of 7.5
Fulltime Equivalent (FTE) Police Cadet Positions From December 17, 2015 Through
November 30, 2018; 2) Appropriate And Administer Said Funds To The Oakland
Police Department; And 3) Authorize The General Purpose Fund To Subsidize The
Central Services Overhead Costs Of Approximately One Hundred Four Thousand
Two Hundred Ninety-One Dollars ($104,291)
15-0712
Attachments: View Report
This City Resolution was Scheduled.to the *Public Safety Committee to be heard
3/22/2016
4.17
Subject:
Declaring A ""State Of Emergency"" In Rental Housing
From:
Member Of The Public
Recommendation: Adopt A Resolution Declaring A ""State Of Emergency"" In Rental
Housing With Moratoriums On Rent Increases And No-Cause Evictions
15-0729
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 4/5/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
Items Submitted On The Dais
Subject:
12th Street Remainder ENA With Urbancore & EBALDC
From:
Economic & Workforce Development Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Negotiate And Execute An Exclusive Negotiating Agreement With
Urbancore Development, LLC And East Bay Asian Local Development Corporation
(Collectively ""Developer"") For Development Of The 12th Street Remainder Parcel
Located At E12th Street And 2nd Avenue
15-0731
Attachments:
View Report
86056 CMS
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 3/15/2016
Subject:
Declaration Of Housing State Of Emergency And Moratorium
From:
Member Of The Public
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Declaring, Renewing And Continuing The City Council's Declaration
Of A Local Housing Emergency Due To The Severe Impacts And Calamities Caused
By The Critical Housing Shortage, Lack Of Affordable Home Ownership Opportunities
And Skyrocketing Rental Rates Causing Displacement Of Long-Term Residents And
Gentrification; Establishing A 90-Day Moratorium On No-Cause Evictions And On
Rent Increases Not Authorized By Existing Rent Control Provisions; And
15-0732
Attachments: View Report
This was Scheduled.to the Meeting of the Oakland City Council to be heard
4/5/2016
The March 8, 2016 Public Safety Committee has been cancelled.
From The March 8, 2016 Public Safety Committee:
Subject:
FY 2015-16 Wildfire Prevention Assessment District (WPAD)
From:
Oakland Fire Department
Recommendation: Receive An Informational Report From The Oakland Fire
Department's (OFD) Vegetation Management Unit Regarding The Wildfire Prevention
Assessment District (WPAD) And The Ongoing Efforts To Prevent Wildfires In The
City Of Oakland For Fiscal Year 2015-2016
15-0697
Attachments: View Report
This Informational Report was * Withdrawn and Rescheduled.to the *Public
Safety Committee to be heard 3/22/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
Subject:
Report On OPD's Strategic Plan
From:
Councilmember Dan Kalb
Recommendation: Receive An Informational Report And Presentation On The
Oakland Police Department's Strategic Plan 2016
15-0596
Attachments: View Report
View Supplemental Report
This Informational Report was * Withdrawn and Rescheduled.to the *Public
Safety Committee to be heard 3/22/2016
5
A Review Of The Draft Agendas For The City Council Meeting Of March 15, 2016 And
The Rules And Legislation Committee Of March 17, 2016
15-0482
Attachments: View Report
A motion was made by Kalb, seconded by Guillén, that this matter be Received
and Filed. The motion carried by the following vote:
Aye: 3- - Guillén, Kalb, and Reid
Absent: 1 - - Gibson McElhaney
Subject: Adopt ""Love Life"" As The City's Official Tagline and Motto
From: Council President Gibson McElhaney And Councilmembers Brooks and Kaplan
Recommendation: Adopt A Resolution Adopting ""Love Life"" As The City's Official
Tagline And Motto [TITLE CHANGE]
15-0600
Attachments: View Report
View Supplemental Report
View Supplemental Report
This Report and Recommendation was * Withdrawn from the March 15, 2016 City
Council agenda and Rescheduled.to the Meeting of the Oakland City Council to
be heard 4/5/2016
City of Oakland
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Meeting Minutes - FINAL
March 3, 2016
6
Subject:
Supporting State Efforts To Increase State Supplementary Payments
From:
Councilmembers Gibson McElhaney, Campbell Washington And Guillen
Recommendation: Adopt A Resolution Supporting All Efforts By The State Legislature
And Governor To Increase SSP Payments To Meet Or Exceed The Federal Poverty
Level For Elderly, Blind Or Disabled Individuals
15-0629
Attachments: View Report
View Supplemental Report
View Supplemental Report
86041 CMS
There were 4 speakers on this item.
A
motion was made by Kalb, seconded by Reid, that this matter be Approve the
Recommendation of Staff, and Forward to the Meeting of the Oakland City
Council, to be heard 3/15/2016. The motion carried by the following vote:
Aye: 4 - Guillén, Kalb, Reid, and Gibson McElhaney
Open Forum (Total Time Available: 15 Minutes)
There were 2 Open Forum speakers.
Adjournment
There being no further business, and upon the motion duly made, the Oakland
City Council Rules & Legislation Committee adjourned the meeting at 12:45 p.m.
Americans With Disabilities Act
If you need special assistance to participate in Oakland City Council and
Committee meetings please contact the Office of the City Clerk. When possible,
please notify the City Clerk 5 days prior to the meeting so we can make
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Oakland's policy for people with environmental illness or multiple chemical
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Office of the City Clerk - Agenda Management Unit
Phone: (510)238-6406
Fax: (510) 238-6699
Recorded Agenda: (510)238-2386
Telecommunications Display Device: (510) 238-3254
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
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City of Oakland
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RulesAndLegislationCommittee,2016-03-03,"*Rules & Legislation Committee
Meeting Minutes - FINAL
March 3, 2016
*
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.
City of Oakland
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