body,date,text,page,path
RulesAndLegislationCommittee,2018-04-26,"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
CITY OF OAKLAND
Clerk
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, April 26, 2018
10:45 AM
City Council Chamber, 3rd Floor
The Oakland City Council Rules And Legislation Committee convened at 10:56 A.M.,
with Council President Pro Tem Guillen presiding as Chairperson.
Roll Call / Call To Order
Excused 1 - - Laurence E. Reid
Present 3 - Lynette McElhaney, Abel J. Guillén, and Annie Campbell Washington
1
Determinations Of Closed Session
18-0353
Attachments: View Report
There will be a Closed Session on May 1, 2018 at 3 p.m.
A motion was made by Annie Campbell Washington, seconded by Lynette
McElhaney, that this matter be Accepted. The motion carried by the following
vote:
Excused: 1 - Reid
Aye: 3 - - McElhaney, Guillén, and Campbell Washington
NO VOTE: 0
2
Approval Of The Draft Minutes From The Committee Meeting Of April 12, 2018
18-0354
Attachments: View Report
A motion was made by Annie Campbell Washington, seconded by Lynette
McElhaney, that this matter be Accepted. The motion carried by the following
vote:
Excused: 1 - - Reid
Aye: 3 - - McElhaney, Guillén, and Campbell Washington
NO VOTE: 0
City of Oakland
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RulesAndLegislationCommittee,2018-04-26,"*Rules & Legislation Committee
Meeting Minutes - FINAL
April 26, 2018
3
Determination Of Schedule Of Outstanding Committee Items
18-0355
Attachments: View Report
View Supplemental Report 4-20-2018
The Committee scheduled item #3 under. ..regarding Measure A to May 10, 2018
and indicated there will be a title change.
This Report and Recommendation be Accepted as Amended.
Excused: 1 Reid
Aye: 3 - McElhaney, Guillén, and Campbell Washington
NO VOTE: 0
Subject:
Support Of Alameda County Ballot Measure Measure A
From:
Vice Mayor Campbell Washington And Councilmember McElhaney
Recommendation: Adopt A Resolution In Support Of Measure A, The Alameda County
Ballot Measure For Child Care And Early Education On The June 5, 2018 Ballot To
Provide Additional Support For High Quality Child Care And Early Education Services
For Low- And Middle-Income Children And Families In Alameda County And To Improve
Wages For Child Care Providers And Early Educators Who Provide These Services
[TITLE CHANGE]
18-0420
Attachments: View Report
View Supplemental Report 5-3-18
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 5/10/2018
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas
(SUPPLEMENTAL)
18-0356
Attachments: View Report
There were 3 speakers on this item.
This Report and Recommendation be Accepted as Amended.
City of Oakland
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Meeting Minutes - FINAL
April 26, 2018
4.1
Subject:
Amending The Master Fee Schedule
From:
Revenue Management Bureau
Recommendation: Adopt An Ordinance Amending Ordinance No. 13448 C.M.S. (The
Fiscal Year 2017-18 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
18-0448
Attachments: View Report
This Ordinance be Scheduled.to go before the *Finance & Management
Committee to be heard 5/8/2018
4.2
Subject:
Measure To Authorize Council To Amend The Business Tax On Non-Medical
Cannabis
From:
Councilmember Kalb And Councilmember Kaplan
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting To
The Voters At The Statewide General Election On November 6, 2018, A Proposed
Ordinance (1) Amending Sections 5.04.480 And 5.04.481 To Allow Cannabis
Manufacturing Businesses To Make Deductions From Gross Receipts In The Manner
Applicable To Manufacturing Businesses Subject To Section 5.04.590; (2) Amending
Sections 5.04.480 And 5.04.481, To Allow Cannabis Business To Elect To Remit
Business Taxes On A Quarterly Basis; And, (3) Authorizing The City Council To Amend
The Business Tax On Non-Medical Cannabis Contained In Oakland Municipal Code
Sections 5.04.480 And 5.04.481 In Any Manner That Does Not Increase The Tax Rate;
Directing The City Clerk To Fix The Date For Submission Of Arguments, Provide For
Notice And Publication In Accordance With The November 6, 2018 Statewide General
Election, And Take Any And All Actions Necessary Under Law To Prepare For And
Conduct The November 6, 2018 Statewide General Election
18-0322
Attachments: View Report
View Report 5-11-2018
This item is also scheduled to go before the May 24, 2018 Rules And Legislation
Committee Agenda.
This City Resolution be Scheduled.to go before the *Finance & Management
Committee to be heard 5/22/2018
City of Oakland
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Meeting Minutes - FINAL
April 26, 2018
4.3
Subject:
7th Street West Oakland Transit Village Phase Il Streetscape Project
From:
Oakland Public Works
Recommendation: Adopt A Resolution Awarding A Construction Contract To Gruendl Inc.
The Lowest Responsive, Responsible Bidder, In Accordance With Plans And
Specifications And Contractor's Bid For The Construction Of 7th Street West Oakland
Transit Village (WOTV) Phase Il Streetscape (Project No. 1001035) In The Amount Of
Three Million Five Hundred Thirty Five Thousand Nine Hundred And Ten Dollars
($3,535,910.00)
18-0453
Attachments: View Report
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 5/8/2018
4.4
Subject:
Derby Avenue Parcel DDA And Land Sale
From:
Economic & Workforce Development
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt An Ordinance
Authorizing The City Administrator Or Designee, Without Returning To The City Council,
To Negotiate And Execute A Disposition And Development Agreement And Related
Documents Between The City Of Oakland And Pacific West Communities, Inc, Or A
Related Entity, On Terms And Conditions Described Herein, For The Sale Of The Derby
Avenue Parcel (APN 025-0720-002-01) At The Appraised Fair Market Value Of
$450,000 For The Development Of An Aspire Public Charter School
18-0452
Attachments: View Report
This Ordinance be Scheduled.to go before the *Community & Economic
Development Committee to be heard 5/8/2018
City of Oakland
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Meeting Minutes - FINAL
April 26, 2018
4.5
Subject:
Lake Merritt-Uptown Community Benefit District 2018
From:
Economic And Workforce Development
Recommendation: Adopt Following Pieces Of Legislation:
1) A Resolution (1) Of Intention To Form The Lake Merritt-Uptown Community Benefit
District 2018 (""Lake Merritt-Uptown CBD 2018""); (2) Granting Preliminary Approval Of
The Lake Merritt-Uptown CBD 2018 Management Plan; (3) Directing Filing Of The
Proposed Lake Merritt-Uptown CBD 2018 Assessment District Boundary Description;
(4) Directing Distribution Of A Ballot To All Affected Property Owners Whereby They Can
Vote ""In Favor Of"" Or ""Against"" The Proposed Lake Merritt-Uptown CBD 2018 And
Assessment To Determine Whether A Majority Protest Exists; And (5) Scheduling A
Public Hearing For July 17, 2018 ; And
18-0440
Attachments: View Report
View Supplemental Report 5-4-2018
A title change was read into record.
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 5/8/2018
2) A Resolution Authorizing The City Administrator (1) To Sign The Ballot In Favor Of The
Formation Of The Lake Merritt- Uptown Community Benefit District 2018 (""LCBD 2018"");
And (2) To Pay A Cumulative Fiscal Year 2018-2019 Fair Share Assessment In An
Approximate Amount Of $67,795.41 For Seven (7) City-Owned Properties On Which
Assessments Are To Be Levied (1731 Franklin APN 008 3 062300601 ; 274 19TH St APN
008 063500100; 2025 Broadway APN 008 064900500; Grand Ave APN 008
065500600; 200 Grand Ave APN 010 076800400; 2500 Broadway APN 008
067300100; 1911 Telegraph APN 008 071605800), If The LCBD 2018 Is Established;
And
18-0441
Attachments: View Supplemental Report 5-4-2018
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 5/8/2018
City of Oakland
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April 26, 2018
3) An Resolution (1) Authorizing The Agency Administrator To Sign The Ballot In Favor Of
The Formation Of The Lake Merritt-Uptown Community Benefit District 2018 (""LCBD
2018"") And (2) To Pay A Fiscal Year 2018-2019 Fair Share Assessment In An
Approximate Amount Of $1,217.84 For One (1) Oakland Redevelopment Successor
Agency-Owned Property (490 Thomas L. Berkley Way APN 008 064900900) If The
LCBD 2018 Is Established
18-0443
Attachments: View Supplemental Report 5-4-2018
This ORSA Resolution be Scheduled.tc go before the *Community & Economic
Development Committee to be heard 5/8/2018
4.6
Subject:
Downtown Oakland Community Benefit District 2018
From:
Economic And Workforce Development
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution (1) Of Intention To Form The Downtown Oakland Community Benefit
District 2018 (""Downtown Oakland CBD 2018"") (2) Granting Preliminary Approval Of
The Downtown Oakland CBD 2018 Management Plan; (3) Directing Filing Of The
Proposed Downtown Oakland CBD 2018 Assessment District Boundary Description; (4)
Directing Distribution Of A Ballot To All Affected Property Owners Whereby They Can
Vote ""In Favor Of"" Or ""Against"" The Proposed Downtown Oakland CBD 2018 And
Assessment To Determine Whether A Majority Protest Exists; And (5) Scheduling A
Public Hearing For July 18, 2018; And
18-0444
Attachments: View Report
View Supplemental Report 5-4-2018
A title change was read into record.
This City Resolution be Scheduled. to go before the *Community & Economic
Development Committee to be heard 5/8/2018
City of Oakland
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April 26, 2018
2) A Resolution Authorizing The City Administrator (1) To Sign The Ballot In Favor Of The
Formation Of The Downtown Oakland Community Benefit District 2018 (""DCBD 2018"");
And (2) To Pay A Cumulative Fiscal Year 2018-2019 Fair Share Assessment In An
Approximate Amount Of $188,716.94 For Twelve (12) City-Owned Properties On Which
Assessments Are To Be Levied (1327 Broadway APN 002 009704500; 250 Frank H
Ogawa Plz APN 003 006500902; City Hall Plz APN 003 006700200; 1 Frank H Ogawa
Plz APN 003 006700300; 1414 Clay St (Garage) APN 003 006700400; 150 Frank H
Ogawa Plz APN 008 061900801; 524 16th St APN 008 062000903; 540 17th St
(Oakland Ice Center) APN 008 064100805; 620 Washington St APN 001 019900100
Clay St APN 002 009800100; 11th St (T 5/6 Development Site) APN 002 009703900;
11th St (T 5/6 Development Site) APN 002 009704000) If The DCBD 2018 Is
Established; And
18-0445
Attachments: View Supplemental Report 5-4-2018
This City Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 5/8/2018
3) A Resolution Authorizing The Agency Administrator To Sign The Ballot In Favor Of The
Formation Of The Downtown Oakland Community Benefit District 2018 (""DCBB 2018"");
And (2) To Pay A Cumulative Fiscal Year 2018-2019 Fair Share Assessment In An
Approximate Amount Of $2,804.27 For One Oakland Redevelopment Successor
Agency-Owned Property (989 Franklin APN 002-010-100-100) On Which Assessments
Are To Be Levied If The DCBD 2018 Is Established
18-0446
Attachments: View Supplemental Report 5-4-2018
This ORSA Resolution be Scheduled.to go before the *Community & Economic
Development Committee to be heard 5/8/2018
City of Oakland
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Meeting Minutes - FINAL
April 26, 2018
4.7
Subject:
Amendments To Public Art Fee Ordinance
From:
Councilmember McElhaney And President Pro Tempore Guillén
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Chapter
15.78 To (A) Authorize The Satisfaction Of The Public Art Requirement Through The
Submission And Approval Of Alternative Equivalent Proposals For Installation Of Public
Art In State Highway Right-Of-Way Or On Other Public Agency Property And (B) Permit
In-Lieu Contributions To Nearby City Owned Arts Facilities To Satisfy The Public Art
Requirement For Private Development, And Authorizing The Allocation Of Funds
Contributed For Capital Improvements To Capital Improvement Fund Accounts
Established By The City Administrator
[NEW TITLE]
18-0382
Attachments: View Report
View Report 4-27-2018
View McElhaney Supplemental Report 5-4-2018
View Supplemental Report 5-4-2018
A title change was read into record.
This Ordinance be Scheduled.to go before the *Community & Economic
Development Committee to be heard 5/8/2018
4.8
Subject:
Informational Report on Love Life Implementation
From:
Office Of The City Administrator
Recommendation: Receive An Informational Report On The Rollout Of The New Welcome
To The City Of Oakland Street Signs With The ""Love Life"" Motto
18-0439
Attachments: View Report
View Supplemental Report 5-11-2018
This Informational Report be Scheduled.to go before the *Life Enrichment
Committee to be heard 5/8/2018
4.9
Subject:
Oakland Police Department Hiring Changes Informational Report And
Resolution
From:
Councilmember Kaplan
Recommendation: Adopt The Following Pieces Of Legislation:
1) An Informational Report From The Oakland Police Department And The City
Administration Regarding Whether The Police Recruiting And Hiring Changes Proposed
In Prior Recommendations (See File #15-1214) Have Been Implemented; And
18-0454
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 6/12/2018
City of Oakland
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2) A Resolution Directing The Implementation Of Changes To Remedy The
Under-Representation Of Women, Oaklanders, And African Americans In The Oakland
Police Department; On The June 12, 2018 Public Safety Committee Agenda
18-0455
This City Resolution be Scheduled.to go before the *Public Safety Committee to
be heard 6/12/2018
4.10
Subject:
Resolution In Support Of AB 1771 - Regional Housing Needs
From:
Councilmember Kalb
Recommendation: Adopt A Resolution In Support Of Assembly Bill 1771 (Bloom) That
Would Amend The Council Of Governments Methodology For Distributing Regional
Housing Need, Including Requiring Furtherance Of Existing Statutory Goals, Such As
Promoting Socioeconomic Equity And Addressing Jobs-Housing Imbalances
18-0449
Attachments: View Report
View Supplemental Report 5-11-18
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 5/10/2018
4.11
Subject:
Resolution In Support Of SB 918 - Homeless Youth Act Of 2018
From:
Councilmember Dan Kalb
Recommendation: Adopt A Resolution In Support Of Senate Bill 918 (Wiener) That
Would Create The Office Of Homeless Youth, Set Its Goals To Prevent And End Youth
Homelessness In California, And Establish $60 Million In Grants Administered By The
Office
18-0450
Attachments: View Report
View Supplemental Report 5-4-2018
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 5/10/2018
4.12
Subject:
Resolution in Support of SB 1227 - Housing Our Students
From:
Councilmember Dan Kalb
Recommendation: Adopt A Resolution In Support Of Senate Bill 1227 (Skinner) That
Would Establish A 35% Density Bonus For Housing Development Projects Exclusively
For Use By Students
18-0451
Attachments: View Report
View Supplemental Report 5-11-18
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 5/10/2018
City of Oakland
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Meeting Minutes - FINAL
April 26, 2018
CHANGES MADE TO THE APRIL 24, 2018 PUBLIC WORKS PENDING LIST
Subject:
Major Encroachment Permit At 378 11th Street
From:
Transportation Department
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major
Encroachment Permit To Pravin L. Patel And Sima P. Patel, Husband And Wife As
Community Property With Right Of Survivorship, To Allow Portions Of The New Building
Above Grade At 378 11th Street To Encroach Into The Public Right-Of-Way On 11th
Street, Major Encroachment Permit ENMJ18051
18-0185
Attachments: View Report
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 5/8/2018
CHANGES MADE TO THE APRIL 24, 2018 LIFE ENRICHMENT PENDING LIST
Subject:
Professional Services Contract For The Department Of Violence Prevention
From:
Councilmember McElhaney And Council President Reid
Recommendation: Adopt A Resolution (1) Authorizing The City Administrator Or Her
Designee To Execute A Professional Services Agreement With Urban Strategies
Council In An Amount Not To Exceed $300,000 To Coordinate And Facilitate A Robust
And Inclusive Community Stakeholder Engagement Process, Including A
Community-Based Participatory Research Component, That Will Culminate In A
Community Leadership Summit That Will Inform The Planning And Implementation Of
Department Of Violence Prevention Strategic Planning And Operations; And (2) Waiving
The Competitive Procedures Under The City's Purchasing Ordinance (Oakland Municipal
Code Chapter 2.04)
[TITLE CHANGE]
18-0088
Attachments: View Report
View Revised Report 2-8-18
View Report 4-26-18
A Title change was read into record.
This City Resolution be Scheduled.to go before the *Life Enrichment Committee
to be heard 5/8/2018
City of Oakland
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Meeting Minutes - FINAL
April 26, 2018
5
A Review Of The Council Committees' Actions From April 24, 2018 And Determination
Of Scheduling To The City Council Meeting Of May 1, 2018
18-0357
Attachments: View Report
This Report and Recommendation be Accepted as Amended.
CHANGES MADE TO THE APRIL 24, 2018 FINANCE AND MANAGEMENT COMMITTEE MATRIX
Subject:
PRFRS Investment Portfolio
From:
Finance Department
Recommendation: Receive An Informational Report On The Oakland Police And Fire
Retirement System's (""PFRS"") Investment Portfolio As Of December 31, 2017
18-0283
Attachments: View Report
The Committee requested the action reflect a ""Received And Filed"" motion.
6
A Review Of The Draft Agendas For The Council Committee Meetings Of May 8, 2018
And The Rules And Legislation Committee Of May 10, 2018
18-0358
Attachments: View Report
This Report and Recommendation be Accepted as Amended.
CHANGES MADE TO THE MAY 8, 2018 FINANCE AND MANAGEMENT DRAFT AGENDA
The Special Finance And Management Committee meeting of May 8, 2018 will
begin at 9 a.m.
CHANGES MADE TO THE MAY 8, 2018 PUBLIC WORKS DRAFT AGENDA
The Special Public Work Committee meeting of May 8, 2018 will begin at 11 a.m.
Subject:
Bay Area Air Quality Management District Report And Resolution On Heavily
Impacted Communities
From:
Councilmember Kaplan
Recommendation: Adopt The Following Pieces Of Legislation;
1) Receive An Informational Report From Councilmember Kaplan On Recent Bay Area
Air Quality Management District Board Actions; And
18-0383
Attachments: View Report
This Informational Report be Scheduled.to go before the *Public Works
Committee to be heard 5/22/2018
City of Oakland
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2) Adopt A Resolution To Urge The Bay Area Air Quality Management District To Include
Oakland Communities Most Heavily Impacted By Air Pollution For Prioritization To Get
Remedial Efforts To Prevent, Control And Remediate Air Pollution And The Impacts Of
Air Pollution
18-0384
Attachments: View Report
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 5/22/2018
Subject:
Rehabilitation Of Sanitary Sewers
From:
Oakland Public Works Department
Recommendation: Adopt The Following Pieces Of Legislation;
1) A Resolution Awarding A Construction Contract To Andes Construction, Inc., The
Lowest Responsive, Responsible Bidder, For Sanitary Sewer Rehabilitation Sub-Basin
83-012 Rebid (Project No. 1000654) In Accordance With Plans And Specifications For
The Project And With Contractor's Bid In The Amount Of Three Million Two Hundred
Fifty-One Thousand Seven Hundred Forty-Two Dollars ($3,251,742.00); And
18-0401
Attachments: View Report
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 5/22/2018
2) A Resolution Awarding A Construction Contract To Andes Construction, Inc., The
Lowest Responsive, Responsible Bidder, For Sanitary Sewer Rehabilitation Phase III
Sub-Basin 56-07 (Project No. 1001039) In Accordance With Plans And Specifications
For The Project And With Contractor's Bid In The Amount Of Three Million Seven
Hundred One Thousand Five Hundred Fifty-Five Dollars ($3,701,555.00)
18-0402
Attachments: View Report
This City Resolution be Scheduled.tc go before the *Public Works Committee to
be heard 5/22/2018
CHANGES MADE TO THE MAY 10, 2018 RULES AND LEGISLATION DRAFT AGENDA
City of Oakland
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Subject:
Measure To Authorize Council To Amend The Business Tax On Non-Medical
Cannabis
From:
Councilmember Kalb And Councilmember Kaplan
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting To
The Voters At The Statewide General Election On November 6, 2018, A Proposed
Ordinance (1) Amending Sections 5.04.480 And 5.04.481 To Allow Cannabis
Manufacturing Businesses To Make Deductions From Gross Receipts In The Manner
Applicable To Manufacturing Businesses Subject To Section 5.04.590; (2) Amending
Sections 5.04.480 And 5.04.481, To Allow Cannabis Business To Elect To Remit
Business Taxes On A Quarterly Basis; And, (3) Authorizing The City Council To Amend
The Business Tax On Non-Medical Cannabis Contained In Oakland Municipal Code
Sections 5.04.480 And 5.04.481 In Any Manner That Does Not Increase The Tax Rate;
Directing The City Clerk To Fix The Date For Submission Of Arguments, Provide For
Notice And Publication In Accordance With The November 6, 2018 Statewide General
Election, And Take Any And All Actions Necessary Under Law To Prepare For And
Conduct The November 6, 2018 Statewide General Election
18-0322
Attachments: View Report
View Report 5-11-2018
This City Resolution be Scheduled.to go before the *Rules & Legislation
Committee to be heard 5/24/2018
7 The item regarding a ""Resolution In Support Of SB 822 - Restoring Net Neutrality In
California"" was moved at the April 19, 2018 Rules And Legislation to the May 3, 2018
Rules And Legislation Committee
Open Forum (Total Time Available: 15 Minutes)
2 speakers spoke on 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 11:40 a.m.
City of Oakland
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April 26, 2018
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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