body,date,text,page,path
RulesAndLegislationCommittee,2016-03-24,"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, March 24, 2016
10:45 AM
City Council Chamber, 3rd Floor
The Oakland City Council Rules and Legislation Committee convened at 11:03
a.m., with Council President Gibson McElhaney presiding as Chairperson.
Roll Call / Call To Order
The Roll Call was modified to note President Pro Tempore Reid absent at 11:58
a.m.
Present 4 - Abel J. Guillén, Dan Kalb, Laurence E. Reid, and Lynette Gibson McElhaney
1
Determinations Of Closed Session
15-0749
Attachments: View Report
Special Closed Session is scheduled for 1:30 p.m. on April 5, 2016.
A motion was made by Guillén, seconded by Reid, 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 March 10, 2016
15-0741
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
15-0746
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,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day
Agendas (SUPPLEMENTAL)
15-0750
Attachments: View Report
There were 11 speakers 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: 3 - Guillén, Kalb, and Gibson McElhaney
Absent: 1 - Reid
4.1
Subject:
Informational Report Regarding Utah SB 246
From:
Member Of The Public
Recommendation: Receive An Informational Report From The Office Of The City
Attorney Which Provides A Legal Analysis For State Of Utah Senate Bill 246 [TITLE
CHANGE]
15-0809
Attachments:
View Report
The title of the item was revised on the floor due to the adoption of Utah SB 246
becoming law.
The Committee requested that the City Attorney provide the Council with the
confidential opinion regarding the issue and to schedule the item to Closed
Session.
The Committee also requested that the City Attorney provide a legal analysis of
Utah SB 246 to the Rules & Legislation Committee on April 14, 2016.
This Informational Report was Scheduled.to the *Rules & Legislation Committee
to be heard 4/14/2016
4.2
Subject:
Tract No. 8185 Located At 4901 Broadway
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Enter Into An Amended And Restated Subdivision Improvement
Agreement With US TP SRM Temescal, LLC For Deferred Construction Of Public
Infrastructure Improvements As A Condition To Final Map Approval For Tract No.
8185 Located At 4901 Broadway
15-0808
Attachments: View Report
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,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
4.3
Subject:
National Library Week
From:
Council President Lynette Gibson McElhaney And Office Of The Mayor
Recommendation: Adopt A Resolution Declaring The Week Of April 10th To 16th,
2016 To Be ""National Library Week"" In The City Of Oakland And Encouraging All
Residents Of Oakland To Explore And Enjoy The Free Resources And Services
Available At Their Local Public Library
15-0819
Attachments: View Report
This City Resolution was Scheduled.to the Meeting of the Oakland City Council
to be heard 4/5/2016 as a Ceremonial Item
4.4
Subject:
Support Of AB 2031: Affordable Housing Financing For Local Government
From:
Councilmembers Abel Guillén And Dan Kalb
Recommendation: Adopt A Resolution In Support Of AB 2031 (Bonta) That Would
Allows Cities And Counties To Redirect Their Net Available Real Property Tax Trust
Fund Revenue (""Boomerang Funds"") To An Affordable Housing Special Beneficiary
District For Funding Affordable Housing
15-0804
Attachments: View Report
View Supplemental Report
This City Resolution was Scheduled.to the *Rules & Legislation Committee to be
heard 4/7/2016
4.5
Subject:
Oakland Golf LLC - Sublease And Operating Agreement
From:
Oakland Parks & Recreation Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her
Designee To 1) Execute A Third Amendment To The Sublease And Operating
Agreement With Oakland Golf, LLC For The Operation Of Metropolitan Golf Links
Course To Restructure The Minimum Annual Guarantee Rent Amount To $400,000,
Amend The Percentage Rent Of Gross Revenue From Golf Activities To 13.5%, And
Modify The Sublease Term To Twenty-Two Years; And 2) Execute A Settlement
Agreement With Oakland Golf, LLC To Resolve Payment Of Delinquent Rent
15-0810
Attachments: View Report
This City Resolution was Scheduled.to the *Finance & Management Committee to
be heard 4/12/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
4.6
Subject:
Acceptance of TFCA Grants
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Accept And Appropriate Transportation Funds For Clean Air (TFCA)
County Program Manager Fund Award In The Amount Of One Hundred Twenty-Four
Thousand Dollars ($124,000.00) For The Cityracks Bicycle Parking Program, Phase
12, And Two Hundred Ten Thousand Dollars ($210,000.00) For The Oakland
Broadway ""B"" Shuttle Off-Peak Hour Operations
15-0807
Attachments: View Report
This City Resolution was Scheduled.to the *Public Works Committee to be heard
4/12/2016
4.7
Subject:
Major Encroachment Permit At 632 14th Street
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major
Encroachment Permit To 632 14th Street LLC To Allow Portions Of The Building At
632 14th Street To Encroach Into The Public Right-Of-Way Along The Building
Frontage On 14th Street
15-0817
Attachments: View Report
This City Resolution was Scheduled.to the *Public Works Committee to be heard
4/12/2016
4.8
Subject:
Façade Improvement Program Allocation Of Historic Mitigation Funds
From:
Economic And Workforce Development Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To (1) Accept And Appropriate $188,750 In Historic Mitigation Funds From
Three Developers To The Façade Improvement Program; And (2) Accept And
Appropriate Any Historic Mitigation Funds Which May Be Received By The City Of
Oakland In Fiscal Year 2015/2016 Through Fiscal Year 2024/2025 To The Façade
Improvement Program Relying On An Exemption From California Environmental
Quality Act (""CEQA"") Review Pursuant To Section 15061(B)(3) Of The CEQA
Guidelines
15-0802
This City Resolution was Scheduled.to the *Community & Economic
Development Committee to be heard 4/12/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
4.9
Subject:
Brownfield Loan Modification For 785 Seventh Street
From:
Economic And Workforce Development Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Negotiate And Execute A Third Amendment To A Loan Agreement And
Promissory Note Between The City Of Oakland And Brush Street Group, LLC For
Brownfield Cleanup At 785 Seventh Street, Oakland CA 94607; Action Taken In
Reliance On Previously Certified Environmental Impact Report For The West Oakland
Specific Plan Certified On July 29, 2014 (CEQA Guidelines 15162 And As A Separate
And Independent Basis, Section 15183)
15-0803
Attachments: View Report
This City Resolution was Scheduled.to the *Community & Economic
Development Committee to be heard 4/12/2016
4.10
Subject:
1638-47th Avenue Church And School Conversion To Residential Units
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The
Following Pieces Of Legislation:
1) A Resolution, As Recommended By The City Planning Commission, To Approve
Regular Design Review And A Minor Variance For The Church And School
Conversion Located At 1638-47th Avenue And Adopt CEQA Exemptions Whereas;
And
15-0805
Attachments: View Report
View Presentation
This City Resolution was Scheduled.to the *Community & Economic
Development Committee to be heard 4/12/2016 and as a Public Hearing on April
19, 2016
2) An Ordinance, As Recommended By The City Planning Commission, To Rezone
The Project Site From RU-1 Urban Residential Zone-1 To RU-4 Urban Residential
Zone - 4 With Height Area 45 For 1638-47th Avenue And Adopt CEQA Exemptions
15-0806
This Ordinance was Scheduled.to the *Community & Economic Development
Committee to be heard 4/12/2016 and as a Public Hearing on April 19, 2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
4.11
Subject:
Raimondi Park - Phase 2A Capital Improvements
From:
Oakland Parks & Recreation Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution To Authorize The City Administrator To Accept A Gift Of In-Kind
Services Valued In An Amount Not To Exceed Two Million Dollars ($2,000,000.00)
From The East Bay United Soccer Club For The Capital Improvements At Raimondi
Park; And
15-0815
Attachments: View Report
This City Resolution was Scheduled.to the *Life Enrichment Committee to be
heard 4/12/2016
2) An Ordinance Authorizing The City Administrator To Enter Into A License
Agreement With The East Bay United Soccer Club (EBU) For Nonexclusive Use Of
The Raimondi Park Multi-Purpose Field #2 (Near 20th Street) For A Seventeen-Year
Term
15-0816
This Ordinance was Scheduled.to the *Life Enrichment Committee to be heard
4/12/2016
4.12
Subject:
Permanent Access To Housing (PATH) High Priority Funds FY 2015-2017
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1)
Amend The PATH Grant With Operation Dignity To Increase Funding By Up To
$125,000 For The Remainder Of The Grant Term Fiscal Year (FY) 2015-2017 For
Additional Outreach Hours, Outreach Supplies, Case Management, Reunification
Services, And Emergency Motel Vouchers For Single Adults; 2) Amend The PATH
Grant With Abode Services To Increase Funding By Up To $170,000 For The
Remainder Of The Grant Term Of FY 2015-2017 For Housing Case Management
Services; 3) Amend The Current Winter Shelter Grant Agreement With Bay Area
Community Services To Increase Funding In An Amount Not To Exceed $5,000 For
The Provision Of Reunification Services In FY 2015-2016; And 4) Amend The Grant
Agreements Without Further Council Approval If Additional General Purpose Funding
Becomes Available For The Same Purpose Within The Grant Term
15-0818
Attachments: View Report
This City Resolution was Scheduled.to the *Life Enrichment Committee to be
heard 4/12/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
4.13
Subject:
Amendments To Medical Cannabis Ordinances
From:
Office Of The City Administrator
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The
Following Pieces Of Legislation:
1) An Ordinance Amending Oakland Municipal Code Chapter 5.80, Medical Cannabis
Dispensary Permits, To Align With California's Medical Marijuana Regulation And
Safety Act And Adopting CEQA Exemption Findings; And
15-0587
Attachments: View Report
This Ordinance was Scheduled.to the *Public Safety Committee to be heard
4/26/2016 and as a Public Hearing on April 19, 2016
2) An Ordinance Amending Oakland Municipal Code Chapter 5.81, Medical Cannabis
Cultivation Facility Permits, To Align With California's Medical Marijuana Regulation
And Safety Act And Adopting CEQA Exemption Findings; And
15-0589
This Ordinance was Scheduled.to the *Public Safety Committee to be heard
4/26/2016 and as a Public Hearing on April 19, 2016
3) An Ordinance Amending The FY 2015-2016 Master Fee Schedule (Ordinance No.
13320 C.M.S., As Amended) To Modify And Establish Permit Application And Annual
Regulatory Fees For City of Oakland Licensed Medical Cannabis Facilities And
Adopting CEQA Exemption Findings; And
15-0811
This City Resolution was Scheduled. to the *Public Safety and Finance Committee
to be heard 4/26/2016 and as a Public Hearing on April 19, 2016
4) A Resolution Authorizing the City Administrator To Transfer Four Hundred
Thousand Dollars ($400,000) Of Medical Cannabis Cooperative Project (A252610)
Funds Within The General Purpose Fund (1010) From The Office Of The City
Administrator To The Fire Department And The Planning And Building Department;
On The April 12, 2016 Public Safety Agenda
15-0814
This City Resolution was Scheduled.to the *Public Safety and Finance Committee
to be heard 4/26/2016 and as a Public Hearing on April 19, 2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
4.14
Subject:
Deputizing Task Force Officers
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter
Into A Memorandum Of Understanding (MOU) With The Department Of Homeland
Security (DHS), Office Of Homeland Security Investigations (HSI) For The Purpose Of
Allowing Particular Oakland Police Department (OPD) Officers To Be Designated As
A United States Customs Title 19 Task Force Officer (TFO), Without Additional
Compensation, Until The Expiration Date Of The Agreement, Unless Revoked At An
Earlier Date By Either OPD Or HSI
15-0812
This City Resolution was Scheduled.to the *Public Safety Committee to be heard
4/26/2016
4.15
Subject:
Acceptance Of Project Safe Neighborhood Grant Funds
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or
Designee To: 1) Accept And Appropriate Grant Funds In An Amount Not To Exceed
Two Hundred Twenty-Two Thousand Seven Hundred Twenty-Six Dollars ($222,726)
From The California Governor's Office Of Emergency Services (CALOES), Which
Serves As The Grant Administrator On Behalf Of The U.S. Attorney's Office, On
Behalf Of The U.S. Department Of Justice, Office Of Justice Programs (USDOJ/OJP)
Project Safe Neighborhoods (PSN), To Fund Equipment, Training, Supplies, And A
Research Partner, To Support The Implementation Of The Ceasefire, Procedural
Justice And Police Legitimacy Strategies Related To Shooting & Homicide Scenes
15-0813
Attachments: DOC033116-001 0331
This City Resolution was Scheduled.to the *Public Safety Committee to be heard
4/12/2016
4.16
Subject:
Establishing An Alameda County Community Choice Energy Program
From:
Councilmember Kalb & Alameda County Community Development Agency
Recommendation: Receive An Informational Status Report On The Process And
Progress Of Establishing An Alameda County Community Choice Energy Program,
Including Level Of Progress, Process Going Forward, Including Eventual Next Steps
From Oakland And Other Participating Cities And The County; On The May 3, 2016
City Council Agenda As A Non-Consent Item
15-0820
This Informational Report was Scheduled.to the Meeting of the Oakland City
Council to be heard 5/3/2016 as a Non-Consent Item
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
4.17
Subject:
70th Anniversary Of Faith Presbyterian Church
From:
Councilmember Dan Kalb
Recommendation: Adopt A Resolution: Faith Presbyterian Church Celebrates 70
Years Of Fellowship And Community Service In The City Of Oakland
15-0821
Attachments: View Report
This City Resolution was Scheduled. to the Meeting of the Oakland City Council
to be heard 4/19/2016 as a Ceremonial Item
4.18
Subject:
Support Of SB 1282 - Protect Pollinators Act
From:
Councilmember Dan Kalb
Recommendation: Adopt A Resolution In Support Of SB 1282 (Leno) That Would,
After July 1, 2017, Require Labeling Of Seeds And Plants Sold At Retail
Establishments That Have Been Treated With A Neonicotinoid Pesticide, And, By
2018, Designate Neonicotinoid Pesticides As Restricted Materials Pursuant To State
Law
15-0822
Attachments: View Report
View Supplemental Report
This City Resolution was Scheduled. to the *Rules & Legislation Committee to be
heard 4/7/2016
4.19
Subject:
Unites States Embargo On Cuba
From:
Councilmembers Kaplan And Guillén
Recommendation: Adopt A Resolution Urging The United States Congress To End
The Trade Embargo On Cuba
15-0823
This City Resolution was Scheduled.to the *Community & Economic
Development Committee to be heard 4/12/2016
Items Submitted On The Dais
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
Subject:
Tax On Sugar Sweetened Beverages Ballot Measure
From:
Councilmembers Campbell Washington, Brooks And Kaplan
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting
To The November 2016 Statewide General Election, A Proposed Ordinance To
Create An Excise Tax On The Distribution Of Sugar Sweetened Beverage Products
And Creating A Sugar Sweetened Beverage Products Distributor's Tax Advisory
Board; And Directing The City Clerk To Fix The Date For Submission Of Arguments
And Provide For Notice And Publication In Accordance With The November 8, 2016
Statewide General Election
15-0825
Attachments: View Report
This City Resolution was Scheduled.to the *Rules & Legislation Committee to be
heard 4/7/2016
Subject:
Support For AB 2200: School Employee Housing Assistance Grants
From:
Vice Mayor Campbell Washington
Recommendation: Adopt A Resolution In Support Of AB 2200 (Thurmond) The
School Employee Housing Assistance Grant Program Which Would Create A $100
Million Grant Program To Provide Development Financing Assistance To Qualified
School Districts For The Development Of Affordable Rental Housing For School
Employees, Including Teachers
15-0826
Attachments: View Report
This City Resolution was Scheduled.to the *Rules & Legislation Committee to be
heard 4/14/2016
Subject:
Disparity Study
From:
Councilmember Rebecca Kaplan
Recommendation: Receive An Informational Staff Report On The Status Of The
Disparity Study; On The May 10, 2016 Community & Economic Development
Committee Agenda
15-0824
This Informational Report was Scheduled.to the *Community & Economic
Development Committee to be heard 5/10/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
Subject:
Protect Oakland Renters Act Ballot Measure
From:
Members Of The Public
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting
To The November 2016 Statewide General Election, A Proposed Ordinance To
Create The ""Protect Oakland Renters Act"" By Establishing The Composition And
Functions Of The Rent Board; Establishing Rent Adjustments For Certain Units And
Establishing Procedures For Governance Of Rental Units In The City Of Oakland
15-0827
Attachments: View Report
This item will be brought back to the April 7, 2016 Rules & Legislation Committee
for scheduling a date certain.
From The Community & Economic Committee Pending List:
Subject:
Amendments To Relocation Assistance Requirements
From:
Vice Mayor Kaplan
Recommendation: Adopt Legislation To Amend Chapter 15.60 Code Enforcement
Relocation Program, Section 15.60.110 To (1) $6500 Per Studio/One-Bedroom Units;
$8000 Per Two-Bedroom Units; And $9875 Per Three Or More Bedroom Units; (2)
Require An Additional Payment Of $2500 Per Unit For Units With Tenants Who Are
Seniors, Disabled, Low-Income, Or Families With Minor Children; And (3) Require
That Half Of The Payments Be Made When The Termination Notice Is Given And The
Second Half Of The Payment Made Upon Tenant's Move Out [TITLE CHANGE]
15-0240
This City Resolution was Scheduled.to the *Community & Economic
Development Committee to be heard 5/10/2016
From The Public Safety Committee Pending List:
Subject:
CPRB Bylaws Approval
From:
Citizens' Police Review Board
Recommendation: Adopt A Resolution Approving the Citizens' Police Review Board
Bylaws; On The April 12, 2016 Public Safety Committee Agenda
15-0779
This City Resolution was Rescheduled.to the *Public Safety Committee to be
heard 5/10/2016
Subject:
CPRB Annual Report
From:
Citizens' Police Review Board
Recommendation: Receive The Citizen's Police Review Board (CPRB) 2015 Annual
Report; On The April 12, 2016 Public Safety Committee Agenda
15-0780
This City Resolution was Rescheduled.to the *Public Safety Committee to be
heard 5/10/2016
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
5
A Review Of The Council Committees' Actions From March 22, 2016 And
Determination Of Scheduling To The City Council Meeting Of April 5, 2016 (MATRIX)
15-0751
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 Gibson McElhaney
Absent: 1 - Reid
6
A Review Of The Draft Agendas For The City Council Meeting Of April 5, 2016 And
The Rules And Legislation Committee Of April 7, 2016
15-0752
Attachments: View Report
The Council meeting on April 5, 2016 will be cheduled as a Special Meeting at
5:00 p.m.
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 Gibson McElhaney
Absent: 1 - - Reid
Open Forum (Total Time Available: 15 Minutes)
There were no Open Forum speakers.
Adjournment
There being no further business, and upon the motion duly made, the Oakland
City Council Rules and Legislation Committee adjourned the meeting at 12:36
p.m.
City of Oakland
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RulesAndLegislationCommittee,2016-03-24,"*Rules & Legislation Committee
Meeting Minutes
March 24, 2016
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
reasonable arrangements to ensure accessibility. Also, in compliance with
Oakland's policy for people with environmental illness or multiple chemical
sensitivities, please refrain from wearing strongly scented products to meetings.
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
8:30AM TO 5:00PM
* 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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