body,date,text,page,path
RulesAndLegislationCommittee,2017-02-23,"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, February 23, 2017
10:45 AM
City Council Chamber, 3rd Floor
Roll Call / Call To Order
The Oakland City Council Rules and Legislation Committee convened at 10:49
am, with Council President Reid presiding as Chairperson.
COMMITTEE MEMBERSHIP:
Present 4- - Lynette McElhaney, Abel J. Guillén, Laurence E. Reid, and Annie Campbell
Washington
1
Determinations Of Closed Session
16-0701
Attachments: View Report
Accepted
Aye: 4- - McElhaney, Guillén, Reid, and Campbell Washington
2
Approval Of The Draft Minutes From The Committee Meeting Of February 9, 2017
16-0702
Attachments: View Report
Accepted
Aye: 4 - McElhaney, Guillén, Reid, and Campbell Washington
3
Determination Of Schedule Of Outstanding Committee Items
16-0703
Attachments: View Report
Accepted
Aye: 4- - McElhaney, Guillén, Reid, and Campbell Washington
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day
Agendas (SUPPLEMENTAL)
16-0704
Attachments: View Report
Accepted as Amended
City of Oakland
Page 1
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RulesAndLegislationCommittee,2017-02-23,"*Rules & Legislation Committee
Meeting Minutes - FINAL
February 23, 2017
Aye: 4 - McElhaney, Guillén, Reid, and Campbell Washington
4.1
Subject:
Status Update On The Police Administration Building (PAB) Feasibility
Study
From:
Oakland Public Works
Recommendation: Receive An Informational Report On The Project Status Of The
Police Administration Building Feasibility Study, Including The Research And
Evaluation Of Existing Documents, Program And Space Needs Assessment, Building
Site Layout And Site Considerations, Budget Cost Estimates, Timeline, Finance
Strategy And Implementation Plan
16-0771
Attachments: View Report
Scheduled
4.2
Subject:
Oakland Police And Fire Retirement System's
From:
Finance Department
Recommendation: Receive An Informational Report On The Oakland Police And Fire
Retirement System (""PFRS"") Investment Portfolio As Of December 31, 2016
16-0772
Attachments: View Report
View Report
Scheduled
4.3
Subject:
Amending The Master Fee Schedule
From:
Revenue Management Bureau
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An
Ordinance Amending Ordinance 13363 C.M.S. (The FY 2016-17 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
16-0773
This item will also be scheduled as a public hearing before the March 21, 2017
City Council.
Scheduled
City of Oakland
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RulesAndLegislationCommittee,2017-02-23,"*Rules & Legislation Committee
Meeting Minutes - FINAL
February 23, 2017
4.4
Subject:
Sanitary Sewer Root Foaming
From:
Oakland Public Works
Recommendation: Adopt A Resolution Rejecting All Bids, Waiving Further Competitive
Bidding, And Authorizing The City Administrator, Or Designee, To Negotiate With
Duke's Root Control, Inc., The Lowest Bidder, And Execute A Construction Contract
For Sanitary Sewer Root Foaming Services Fiscal Year 2016 To 2019 (Project No.
1000922) In The Amount Of One Million Eight Hundred Twelve Thousand Four
Hundred Twenty Dollars And Fifty Cents ($1,812,420.50)
16-0757
Sponsors: Oakland Public Works Department
Attachments: View Report
86647 CMS
Scheduled
4.5
Subject:
Draft San Leandro Creek Trail Master Plan
From:
Economic And Workforce Development
Recommendation: Receive An Informational Report On The Draft San Leandro Creek
Trail Masterplan
16-0767
Sponsors: Economic & Workforce Development Department
Attachments:
View Report
View Report
View Supplemental Report
Scheduled
4.6
Subject:
Major Encroachment Permit at 1814 Franklin Street
From:
Department Of Transportation
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major
Encroachment Permit To 1814 Franklin Investors, LLC To Allow Portions Of Existing
Basement And Awning At 1814 Franklin Street To Encroach Into The Public
Right-Of-Way Along Franklin Street And 19th Street, Major Encroachment Permit
ENMJ16057
16-0768
Sponsors: Transportation Department
Attachments: View Report
86648 CMS
Scheduled
City of Oakland
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RulesAndLegislationCommittee,2017-02-23,"*Rules & Legislation Committee
Meeting Minutes - FINAL
February 23, 2017
4.7
Subject:
High Street, Courtland, Ygnacio Intersection Improvement Project
From:
Oakland Public Works
Recommendation: Adopt A Resolution Awarding A Construction Contract To Beliveau
Engineering, The Lowest Responsive, Responsible Bidder, In Accordance With Plans
And Specifications And Contractor's Bid For The High Street, Courtland Avenue, And
Ygnacio Avenue Intersection Improvements Project (Project No. C490610) In The
Amount Of One Million One Hundred Seventy-One Thousand One Hundred Sixty-One
Dollars And Fifty Cents $1,171,161.50)
16-0769
Sponsors: Oakland Public Works Department
Attachments: View Report
86649 CMS
Scheduled
4.8
Subject:
Certificate Of Completion For Public Improvements at 2847 Peralta Street
From:
Department Of Transportation
Recommendation: Adopt A Resolution Accepting Public Improvements In The
Right-Of-Way At 2847 Peralta Street Per Subdivision Improvement Agreement Dated
October 16, 2012 And Directing The Filing Of The Unconditional Certificate Of
Completion For The Subdivision
16-0770
Sponsors: Transportation Department
Attachments: View Report
View Supplemental Report
86650 CMS
Scheduled
4.9
Subject:
Housing Related Parks Program Grant 2016
From:
Housing And Community Development
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Authorizing The City To Apply For, Accept And Appropriate Grant
Funds From The California Department Of Housing And Community Development In
An Amount Not To Exceed $500,000 Under The Housing Related Parks Program For
Improvements To The Tassafaronga Recreation Center Gymnasium; And
16-0762
Attachments: View Report
86653 CMS
Scheduled
City of Oakland
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Meeting Minutes - FINAL
February 23, 2017
2) A Resolution Amending Resolution Nos. 85407 And 86029 C.M.S, Which
Authorized The City To Apply For, Accept And Appropriate Grant Funds From The
California Department Of Housing And Community Development Under The Housing
Related Parks Program, To Change One Of The Funded Projects From Curt Flood
Field To Rainbow Recreation Center
16-0763
Attachments: 86654 CMS
Scheduled
4.10
Subject:
MacArthur Bart Transit Village - Consent To Property Conveyance
From:
Economic And Workforce Development
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Amending Resolution No. 86266 C.M.S. Which Authorized Consent
To The Assignment Of MacArthur Transit Community Partners, LLC's (MTCP) Right
To Acquire Parcels B-1 And B-2 From Bart And The Partial Assignment Of A
Development Agreement Between The City Of Oakland And MTCP To A Joint
Venture Between McGrath Properties, Inc., Or Related Entity, And Boston Properties
LP, Or Related Entity (""BP""), And Instead Authorize The Consent To The Assignment
Of MTCP's Right To Acquire Parcels B-1 And B-2 From Bart And Partial Assignment
Of The Development Agreement To BP, Pursuant To A Long-Term Ground Lease
With An Option To Purchase Between MPI MacArthur, LLC, Or Related Entity, And
BP For The Development Of Parcels B-1 And B-2 Of The MacArthur Station Project
(Formerly Known As The MacArthur Transit Village), Relying On The 2008 MacArthur
Transit Village Project Environmental Impact Report And Addenda, And Other
Documents, Finding That No Additional Environmental Review Is Needed Pursuant To
California Environmental Quality Act Guidelines Sections 15162-15164, 15168,
15180, 15183, 15183.3 And 15061, And Adopting Related CEQA Findings; And
16-0764
Attachments: View Report
View Report
86655 CMS
Scheduled
City of Oakland
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February 23, 2017
2) A Resolution: 1) Amending Resolution No. 2016-005 C.M.S., Which Authorized
Consent To The Assignment Of MacArthur Transit Community Partners, LLC's
(""MTCP"") Right To Acquire Parcels B-1 And B-2 From Bart And The Partial
Assignment Of An Owner Participation Agreement (OPA) Between ORSA And MTCP
To A Joint Venture Between McGrath Properties, Inc., Or Related Entity, And Boston
Properties LP, Or Related Entity, And Instead Authorize The Consent To The
Assignment Of MTCP's Right To Acquire Parcels B-1 And B-2 From Bart And Partial
Assignment Of The OPA To Boston Properties LP, Or A Related Entity (""BP"")
Pursuant To A Long Term Ground Lease With An Option To Purchase Between MPI
MacArthur, LLC, Or A Related Entity, And BP For The Development Of Parcels B-1
And B-2 Of The MacArthur Station Project (""Project""), 2) Authorizing A Third
Amendment To The OPA To (A) Waive A Performance And Payment Bond
Requirement For Development Of The Project In Exchange For An Additional
Payment Of Up To $500,000 For Community Benefits; (B) Extend OPA Performance
Deadlines; (C) Increase The Net Worth Requirement For The Entity That Will Provide
The Completion Guaranty For The Project; And (D) Amend Section 2.2.3 To Limit
Placement Of The Below Market Rate Units For The Parcel B Project To Floors Five
Through Nine; And (3) Relying On the 2008 MacArthur Station Project Environmental
Impact Report And Addenda, And Other Documents, Finding That No Additional
Environmental Review Is Needed Pursuant To California Environmental Quality Act
Guidelines Sections 15162-15164, 15168, 15180, 15183, 15183.3 And 15061, And
Adopting Related CEQA Findings
16-0765
Attachments: View Report
View Supplemental Report
86656 CMS
Scheduled
4.11
Subject:
500 Kirkham DDA Assignment
From:
Economic And Workforce Development
Recommendation: Adopt An Ordinance Amending Ordinance No. 13368 C.M.S.,
Which Authorized A Disposition And Development Agreement (DDA) With TL
Partners V, L.P., For Disposition And Development Of 500 Kirkham Street As A
Mixed-Use Project, To Assign The DDA To Panoramic Interests, LLC, Or An Affiliate.
16-0766
Attachments: View Report
13423 CMS
Scheduled
City of Oakland
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Meeting Minutes - FINAL
February 23, 2017
4.12
Subject:
Displacement Of Oakland's Non-Profit Organizations Due To Dramatic
Increases In Rental Costs
From:
Councilmember Brooks
Recommendation: Receive An Informational Report From The City Administrator And
Possible Action On The Impact Of The High Costs Of The Current Commercial Rental
Market On Nonprofit And Community Based Organizations; An Analysis Of The
Displacement Of Nonprofits From The City Of Oakland Between 2012 To The Present
(Analysis To Include The Impact On The Delivery Of Services); And
Recommendations On How To Retain A Vibrant Non-Profit Community In Oakland
Through City Support To Ameliorate The Impact Of Rising Rental Costs
16-0778
Sponsors: Ms. Brooks
Attachments: View Report
Scheduled
4.13
Subject:
Gift-In-Place: Lincoln Square Basketball Courts
From:
Parks And Recreation Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept A
Gift Of In-Kind Services From The Warriors Community Foundation For The Lincoln
Square Basketball Court Renovation Project Valued At Ninety Five Thousand Dollars
($95,000.00)
16-0759
Sponsors: Oakland Parks & Recreation Department
Attachments:
View Report
View Report
86657 CMS
Scheduled
4.14
Subject:
Contract Award To Motiv Power Systems
From:
Oakland Public Library
Recommendation: Adopt A Resolution Waiving The Advertising And Competitive
Bidding Requirements And The Local And Small Local Business Enterprise (L/SLBE)
Program Requirements And Awarding A Contract To Motiv Power Systems In An
Amount Not To Exceed One Hundred Ten Thousand Dollars ($110,000) For The
Purchase Of An Electric Vehicle To Be Used As The Oakland Public Library's Mobile
Library Vehicle
16-0760
Sponsors: Oakland Public Library
Attachments: View Report
86658 CMS
Scheduled
City of Oakland
Page 7
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RulesAndLegislationCommittee,2017-02-23,"*Rules & Legislation Committee
Meeting Minutes - FINAL
February 23, 2017
4.15
Subject:
Head Start Subcontract With Oakland Unified School District, FY 2016-2017
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To: (1)
Enter Into A Sub-Contract With Oakland Unified School District To Receive State
Funding In An Amount Not To Exceed $200,000 To Provide California General Child
Care And Development Services To Eligible Participants, Ages Birth To Three Years
Old, Effective February 1, 2017 Through June 30, 2017; And Accept And Appropriate
Said Funding; (2) Renew This Sub-Contract For Fiscal Year July 1, 2017 Through
June 30, 2018 Pending Funding Availability And Accept And Appropriate Additional
Funding In An Amount Not To Exceed $200,000; And (3) Amend The Sub-Contract,
And Accept And Appropriate Any Additional State Funding That Becomes Available
From Oakland Unified School District For The Same Purpose Within The Contract
Term Ending June 30, 2018
16-0761
Sponsors: Human Services Department
Attachments: View Report
86659 CMS
Scheduled
4.16
Subject:
Annual Community Impact Report For Oakland Children's Fairyland
From:
Vice Mayor Campbell Washington
Recommendation: Receive An Informational Report On The Annual Community
Impact Report For Oakland Children's Fairyland
16-0775
Sponsors: Campbell Washington
Attachments: View Report
Scheduled
4.17
Subject:
Community Impact Report For Paramount Theatre
From:
Vice Mayor Campbell Washington
Recommendation: Receive An Informational Report On The Community Impact For
Paramount Theatre
16-0776
Sponsors: Campbell Washington
Attachments: View Report
Scheduled
City of Oakland
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Meeting Minutes - FINAL
February 23, 2017
4.18
Subject:
CA DOJ Stop Data MOU
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or
Designee To Enter Into A Memorandum Of Understanding (MOU) With The California
Department Of Justice (CA DOJ), To Assist In The Development Of Preliminary
Guidelines And Best Practices For Law Enforcement Data Collection, Analysis, And
Reporting, From January 3, 2017 To September 30, 2018
16-0758
Attachments: View Report
86660 CMS
Scheduled
4.19
Subject:
Travel Authorization
From:
President Pro Tem Guillén
Recommendation: Adopt A Resolution Authorizing Council President Pro Tem Abel
GuillénTo Travel To Yosemite, California To Attend The 2017 Annual Local
Government Commission Policymakers Conference From March 16-19, 2017
16-0774
Attachments: View Report
86623 CMS
Scheduled
4.20
Subject:
Settle The Claim Of George Zviagin
From:
The Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Claim Of George Zviagin, In The Amount Of Seventy
Nine Thousand Five Hundred Eighty-Eight Dollars And 29/100 Cents ($79,588.29) As
The Result Of A Failed Sewer Main On July 19, 2016 (Public Works- Failed Sewer
Main)
16-0777
Sponsors: Office Of The City Attorney
Attachments: View Report
86624 CMS
Scheduled
City of Oakland
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Meeting Minutes - FINAL
February 23, 2017
4.21
Subject:
Appointments To The National League Of Cities' 2017 Congressional City
Conference
From:
Council President Reid
Recommendation: Adopt A Resolution Appointing Councilmember Lynette Gibson
McElhaney As Delegate And Appointing Councilmember Desley Brooks As Alternate
Delegate To Represent The City Of Oakland At The National League Of Cities' 2017
Congressional City Conference Scheduled To Be Held In Washington, DC Beginning
March 11
16-0779
Sponsors: McElhaney
Attachments: View Report
86625 CMS
Scheduled
4.22
Subject:
Resolution In Support Of Assembly Bill 1506
From:
Councilmembers Kaplan, Kalb, And Pro Tem Guillen
Recommendation: Adopt A Resolution (1) Supporting Assembly Bill 1506 That Would
Repeal The Costa-Hawkins Rental Housing Act, Setting Statewide Limits On Local
Rent Controls; (2) If Not Repealed, Urging Reform Of Costa-Hawkins To Permit
Expansion Of Local Rent Controls; And (3) Urging The State Legislature To Preserve
The Costa-Hawkins' Requirement For A Landlord's 90 Day Notice To Tenants
Following Termination Of A Rent Limitation Agreement With A Government Agency
16-0780
Attachments: View Report
86664 CMS
Scheduled
4.23
Subject:
Honoring Mrs. Willie Jernigan On Her 105th Birthday
From:
Councilmember Kalb
Recommendation: Adopt A Resolution Honoring Mrs. Willie Jernigan On Her 105th
Birthday
16-0781
Sponsors: Kalb
Attachments: View Report
86627 CMS
Scheduled
REQUEST SUBMITTED ON THE DIAS
City of Oakland
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Meeting Minutes - FINAL
February 23, 2017
Subject:
Support Of Senate Bill 562
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution In Support Of Senate Bill 562 (Lara & Atkins),
Californians For A Healthy California Act, That Would State The Intent Of The
Legislature To Enact Legislation That Would Establish A Comprehensive Universal
Single-Payer Health Care Coverage Program And A Health Care Cost Control System
For The Benefit Of All Residents Of The State
16-0782
Attachments: View Report
Scheduled
Subject:
ITD Project Support
From:
Information Technology Department
Recommendation: Adopt A Resolution: 1) Authorizing The City Administrator Or
Designee To Enter Into Professional Services Agreements And/Or Purchase
Agreements For Hardware Or Software To Support A) Phase Il Of The Oracle
Reimplementation Project (""Oracle Project""), B) Related Technology Upgrades For
City Departments, And C) The Final Implementation Phase Of The Performance,
Reporting, Information And Metrics Environment (Prime) Project In An Amount Not To
Exceed One Million Two Hundred And Fifty Thousand Dollars ($1,250,000) Without
Return To Council; And 2) Waive The Multiple-Step Solicitation Process
Requirements When Necessary.
16-0783
Attachments: View Report
86646 CMS
Scheduled
City of Oakland
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Meeting Minutes - FINAL
February 23, 2017
Subject:
Equity Analysis And Proposed Medical Cannabis Ordinances
From:
Office Of The City Administrator
Recommendation: Receive A Race And Equity Report On Medical Cannabis
Regulations And Adopt The Following Pieces Of Legislation:
1. An Ordinance Amending Oakland Municipal Code Chapter 5.80, Medical Cannabis
Dispensary Permits, To Clarify And Strengthen The City's Equity Permit Program And
Provide Additional Updates Consistent With State Law; And
16-0784
Attachments: View Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
View Supplemental Report
13424 CMS
Scheduled
2. An Ordinance Amending Oakland Municipal Code Chapter 5.81, Medical Cannabis
Cultivation Facility Permits, To Clarify And Strengthen The City's Equity Permit
Program And Provide Additional Updates Consistent With State Law
16-0785
Attachments: 13425 CMS
Scheduled
Subject:
Recognizing OUSD Students In The 38th Annual MLK Jr. Oratorical Fest
From:
Vice Mayor Campbell Washington
Recommendation: Adopt A Resolution Recognizing Oakland Unified School District
Students For Their Oustanding Performances And First Place Awards In The 38th
Annual Martin Luther King Jr. Oratorical Fest 2017
16-0786
Attachments: View Report
View Supplemental Report
86616 CMS
Scheduled
CHANGES TO THE FEBRUARY 28 CED COMMITTEE AGENDA
City of Oakland
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February 23, 2017
Subject:
Revisions To Public Art Requirements For Private Developments
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An
Ordinance Repealing Ordinance No. 13275 C.M.S., Amending The Oakland Municipal
Code To Adopt Chapter 15.78, Public Art Requirements For Private Development,
And Adopting CEQA Exemption Findings
16-0710
Sponsors: Planning & Building Department
Attachments: View Report
Rescheduling of this time would also move the Public Hearing previously
scheduled to March 7, 2017 to the March 21, 2017 City Council Meeting agenda
Scheduled
5
A Review Of The Draft Agendas For The City Council Meeting Of March 7, 2017 And
The Rules And Legislation Committee Of March 9, 2017
16-0705
Attachments: View Report
Accepted as Amended
Aye: 4 - McElhaney, Guillén, Reid, and Campbell Washington
Subject:
Healthy Vending Ordinance
From:
Vice Mayor Campbell Washington
Recommendation: Adopt An Ordinance Adding Chapter 8.15 To The Oakland
Municipal Code To (1) Require that Prepackaged Food And Beverages Sold In
Vending Machines On City Property Meet Specified Nutritional Standards, (2) Request
City Departments To Meet Nutritional Guidelines For Food And Beverages Purchased
With City Funds And Served At City Events And Meetings, And (3) Encourage
Restaurants Located On City Property To Offer Healthy Food Options
16-0412
Sponsors: Campbell Washington
Attachments: Vlew Report
Moved to the pending list with no specific date
Rescheduled
City of Oakland
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February 23, 2017
7
Subject:
Support Of Senate Bill 54 - California Values Act
From:
Pro Tem Guillén, Council President Reid, & Councilmember Gallo
Recommendation: Adopt A Resolution In Support Of Senate Bill 54 (De Leon),
Pending Amendments, That Would Prevent The Use Of State And Local Resources
For Federal Immigration Enforcement Actions That Will Separate Families And Hurt
The State's Economy
16-0696
Sponsors: Guillén, Mr. Reid and Gallo
Attachments: View Report
86626 CMS
Approve the Recommendation of Staff, and Forward
Aye: 4 - - McElhaney, Guillén, Reid, and Campbell Washington
8
Subject:
New California State Laws
From:
Office Of The City Attorney's
Recommendation: Receive An Informational Report And Briefing From The City
Attorney's Office On All New California State Laws Which Became Effective In 2017
16-0596
Sponsors: Office Of The City Attorney
Attachments: View Report
The Committee directed staff to distribute the report of the City Attorney to the
respective departments that may experience impacts to department operations.
Received and Filed
Aye: 4 - McElhaney, Guillén, Reid, and Campbell Washington
Open Forum (Total Time Available: 15 Minutes)
There were 2 speakers 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 11:43
a.m.
City of Oakland
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Meeting Minutes - FINAL
February 23, 2017
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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