body,date,text,page,path
RulesAndLegislationCommittee,2021-09-30,"City of Oakland
Office of the City Clerk
Oakland City Hall,
1 Frank H. Ogawa Plaza,
Room 201
Meeting Minutes - FINAL
Oakland, California 94612
CITY OF OAKLAND
*Rules & Legislation Committee
Thursday, September 30, 2021
10:30 AM
Virtual Tele - Conference Via Zoom
Please See The Agenda To Participate In the Meeting
Pursuant to the Governor's Executive Order N-29-20, all members of the City Council
as well as the City Administrator, City Attorney and City Clerk will join the meeting via
phone/video conference and no teleconference locations are required
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
PUBLIC PARTICIPATION
The public may observe and/or participate in this meeting many ways.
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To observe the meeting online from the City's Agenda Meeting Calendar, at the noticed meeting
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If asked for a participant ID or code, press #.
COMMENT:
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MEETING UNDER ITEM 1. COMMENT FOR ITEMS NOT ON THE AGENDA WILL BE TAKEN
UNDER OPEN FORUM AT THE END OF THE MEETING
There are three ways to submit public comments.
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To comment by phone, please call on one of the above listed phone numbers. You will be
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Please unmute your self by pressing *6.
If you have any questions, please email the Agenda Management Unit at cityclerk@oaklandca.gov
- Office of the City Clerk
The Oakland City Council Rules & Legislation Committee convened at 10:31 A.m., with
President Pro Tempore Thao presiding as Chairperson.
COMMITTEE MEMBERSHIP:
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
Roll Call / Call To Order
Present 3- - Sheng Thao, Nikki Fortunato Bas, and Carroll Fife
Absent 1 - - Dan Kalb
1 PUBLIC COMMENT:
COMMENT ON ALL ACTION ITEMS WILL BE TAKEN AT THIS TIME. COMMENTS FOR
ITEMS NOT ON THE AGENDA WILL BE TAKEN DURING OPEN FORUM
There were 26 Public Comment Speakers
The Roll Call was modified to show Councilmember Kalb present at 10:35 A.M.
DUE TO THE PRESENCE OF COUNCILMEMBER REID A QUORUM OF THE CITY COUNCIL
WAS NOTED, AND A MOTION WAS MADE AND SECONDED TO ADJOURN THE MEETING OF
THE RULES AND LEGISLATION COMMITTEE, AND TO CONVENE AS A SPECIAL MEETING OF
THE FULL COUNCIL AT 10:45 A.M.
2
Approval Of The Draft Minutes From The Committee Meeting Of September 16, 2021
21-0618
Attachments: View Report
A motion was made by Nikki Fortunato Bas, seconded by Dan Kalb, that this
matter be Accepted. The motion carried by the following vote:
Aye: 4 - Thao, Fortunato Bas, Fife, and Kalb
NO VOTE: 0
3 New Scheduling Items
A motion was made that this matter be Accepted as Amended. The motion
carried by the following vote:
Aye: 4 - Thao, Fortunato Bas, Fife, and Kalb
NO VOTE: 0
3.1
Subject:
Informational Report From The OUSD 7-11 Committee
From:
Councilmember Bas And OUSD Board President Eng
Recommendation: Receive An Informational Report And Update From The Oakland
Unified School District (OUSD) 7-11 Committee On Potential Sale Or Lease Of Surplus
Real Property Owned By OUSD
18-2303
Attachments: View Report
Approved to be scheduled to the Rules Pending List No Date Specific
This Informational Report be Scheduled.to go before the *Rules & Legislation
Committee
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
3.4
Subject:
Resolution For The Public Improvements At 24th St./Harrison St./Bay P1./77th
St.
From:
Transportation Department
Recommendation: Adopt A Resolution: (1) Authorizing The City Administrator To Enter
Into A Public Improvements Reimbursement Agreement And The Contribution Of
Transportation Impact Funds To Holland 24th & Harrison Investors, LLC, In An Amount
Not To Exceed 2.1 Million Dollars ($2,100,000.00) For The Construction Of Public
Improvements At The Intersection Of 24th Street, Harrison Street, Bay Place, And 27th
Street In Accord With Project Plans And Specifications; (2) Waiving Advertising And
Competitive Bidding; And (3) Adopting Appropriate California Environmental Quality Act
(""CEQA"") Findings
21-0712
Sponsors: Transportation Department
Attachments: View Report
View Attachment A - Cumulative Mitigation Measures Eligible for TIF
View Attachment B - Proposed Public Improvement Project
View Attachment C - Map of Area
View Attachment D - 27th Complete Streets Project Resolution
View Attachment E - Lakeside Family Streets Project Resolution
View Attachment F - Public Improvements Reimbursement Agreement
View Legislation
88856 CMS
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
3.5
Subject:
Major Encroachment Permit On Franklin Street
From:
Transportation Department
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major
Encroachment Permit To Steven H. Banker And Jennifer J. Banker, And Gary Bettencourt
And Mari Bettencourt, As Trustees Of The Gary And Mari Bettencourt 2014 Trust, To
Allow A New Upward Swinging Double Leaf Basement Access Door And A Portion Of
An Existing Basement Below Grade To Encroach Into The Public Right-Of-Way On
Franklin Street, Major Encroachment Permit ENMJ20055; And Making California
Environmental Act Findings (CEQA)
21-0714
Attachments: View Report
View Legislation
View Report Exhibit A-E
View Supplemental Legislation 10/14/2021
88857 CMS
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
3.6
Subject:
MTC Park-N-Ride Lots Under I-880 At High St And Fruitvale Ave
From:
Transportation Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Authorizing The City Administrator To Finalize And Execute An
Amendment To The Maintenance Agreement With The State Of California, Department
Of Transportation For Interstate-880 At High Street And Fruitvale Avenue And Adopting
Appropriate California Environmental Quality Act (CEQA) Findings; And
21-0713
Attachments: View Report
View Agreement
View Legislation
View Exhibits A & B
View Supplemental Legislation 10/14/2021
88858 CMS
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
City of Oakland
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September 30, 2021
2) A Resolution Authorizing The City Administrator To Finalize And Execute An
Agreement With The Metropolitan Transportation Commission (MTC) For The City To
Provide Parking Enforcement Services In Support Of The MTC Managed Commuter
Parking-And-Ride Facilities Under Interstate-880 At High Street And At Fruitvale Avenue
And Adopting Appropriate California Environmental Quality Act (CEQA) Findings
21-0715
Attachments: View Report
View Report Attachment
View Legislation
View Supplemental Legislation 10/14/2021
88859 CMS
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
3.7
Subject:
2021 Emergency Operations Plan Update
From:
Oakland Fire Department
Recommendation: Adopt A Resolution Adopting The 2021 Oakland Emergency
Operations Plan Update
21-0716
This City Resolution be Scheduled.tc go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
3.8
Subject:
Exclusive Negotiation Agreement For 73rd Avenue And Foothill Boulevard
From:
Economic And Workforce Development Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into
An Exclusive Negotiating Agreement (ENA) With The Black Cultural Zone Community
Development Corporation (BCZ) In Partnership With Community Arts Stabilization Trust,
Curtis Development, And/Or Their Affiliated Entities For Eighteen (18) Months, With One
Additional Six (6) Month Administrative Extension, For The Future Disposition Of The
City-Owned 73rd Avenue And Foothill Boulevard Property (APN 039-3291-020), Subject
To The Completion Of A California Environmental Quality Act (CEQA) Determination
21-0723
Attachments: View Legislation
View Report and Attachments A/B
88873 CMS
Approved for Non-Consent
This City Resolution be Scheduled. to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
3.9
Subject:
Reports On Outside Boards And Commissions
From:
Vice Mayor Kaplan And Council President Fortunato Bas
Recommendation: Receive An Informational Reports From Representatives On Outside
Boards And/Or Commissions To Provide The City Council With A Briefing On General
Business Regarding The Issues, Activities, Major Decisions And The Agenda Of The
Body On Which The Representative Serves
21-0588
Attachments:
View Report
Approved for Non-Consent
The Rules And Legislation Committee approved a Title Change, striking Oral and
adding Informational
This Informational Report be Scheduled.to go before the * Concurrent Meeting of
the Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
3.10
Subject:
Coliseum ENA Action
From:
Vice Mayor Kaplan And Councilmember Gallo
Recommendation: Adopt One Of The Following Two Options:
1) A Resolution Authorizing The City Administrator, Or Designee, To Enter Into An
Exclusive Negotiating Agreement (ENA) With The African American Sports And
Entertainment Group (AASEG), For A Period Of One Year, With One Administrative
Option To Extend For Twelve (12) Months, To Work Toward The Acquisition And
Development (Including Purchase, Lease, Or Partnership) Of The City's Share Of The
Oakland Coliseum Complex, Consisting Of Various Parcels Bounded By San Leandro
Street, 66th Avenue, Hegenberger Road And Interstate 880, Including, During The ENA
Period, To Negotiate Terms For, But Not Limited To, The Financial Plan, And Community
Benefits, And Authorizing And Accepting Payment Of An ENA Fee Of $200,000 Per Year
And Project Expense Payments To The City Of Oakland; Or
21-0724
Sponsors: Gallo
Attachments: View Report
View Legislation
View Supplemental Report - 11/12/2021
Approved to be scheduled to the November 2, 2021 City Council Agenda; And
noted Council President Fortunato Bas will schedule this item to October 7, 2021
Closed Session as a Oral Report
A motion was made by Carroll Fife, seconded by Nikki Fortunato Bas, that this
matter be Scheduled to go before the * Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the City Council, to be heard 11/2/2021.
The motion carried by the following vote:
City of Oakland
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September 30, 2021
Aye: 3 - - Thao, Fortunato Bas, and Fife
No: 1 Kalb
NO VOTE: 0
3.11
Subject:
Children's Environmental Health Month
From:
Vice Mayor Kaplan And Councilmember Kalb
Recommendation: Adopt A Resolution To Declare October 2021 As Children's
Environmental Health Month In The City Of Oakland In Recognition Of The Need For
Clean Air And Water, And The Steps Necessary To Safeguard The Health, Safety, And
Wellbeing Of Children
21-0725
Attachments: View Report
View Legislation
88860 CMS
Councilmember Kalb requested to be added as a co-sponsor
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
3.12
Subject:
Supporting Haitian Refugees
From:
Councilmember Fife
Recommendation: Adopt A Resolution Condemning The Inhumane Treatment And
Deportation Of Haitian Asylum-Seekers Near The US-Mexico Border By The Federal
Administration And Affirming The City Of Oakland's Commitment To Welcoming And
Supporting Resettlement Efforts Of Haitian Refugees In Oakland
21-0726
Attachments:
View Legislation
88861 CMS
This City Resolution be Scheduled. to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/19/2021
3.13
Subject:
Request To Schedule A Special Meeting Of The PW Committee
From:
Councilmember Gallo
Recommendation: Schedule A Special Meeting Of The PW Committee For Wednesday,
October 20, 2021
21-0717
The Rules Committee Approved a Special October 25, 2021 Public Works
Committee Meeting
This Report and Recommendation be Accepted as Amended.
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
3.14
Subject:
Receive A Report On Illegal Dumping, Graffiti And Blight
From:
Councilmember Gallo
Recommendation: Receive An Report On Illegal Dumping, Graffiti And Blight Regarding
The Number Of Monthly Complaints Via 311 And The City's Turn-Around Time For
Responding To And Remediating The Complaints
21-0718
Attachments: View Report
View Attachment A
View Attachment B
View Attachment C
View Attachment D
The Rules Committee Referred this item to October 7, 2021 Rules And Legislation
Committee for scheduling
This Informational Report be Scheduled.to go before the *Rules & Legislation
Committee to be heard 10/7/2021
3.15
Subject:
Receive A Report On Abandoned Autos And Other Vehicles
From:
Councilmember Gallo
Recommendation: Receive An Informational Report On Abandoned Autos And Other
Vehicles Regarding The Number Of Monthly Complaints Via 311 And The City's
Turn-Around Time For Responding To And Remediating The Complaints
21-0719
Attachments: View Report
View Attachment A
View Attachment B
The Rules Committee Referred this item to October 7, 2021 Rules And Legislation
Committee for scheduling
This Informational Report be Scheduled.to go before the *Rules & Legislation
Committee to be heard 10/7/2021
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
3.16
Subject:
Report On Waste Management's Contractual Obligations To The City Of
Oakland
From:
Councilmember Gallo And President Pro Tempore Thao
Recommendation: Receive A Report On Waste Management's Contractual Obligations
To The City Of Oakland, Including Information On Thirty (30) Day Pick-Ups, Street Cans,
And The Number Of Businesses Operating In Oakland Without A Waste Management
Contract
21-0720
Attachments: View Report
View Report Attachment A
View Report Attachment B
View Report Attachment C
View Report Attachment D
The Rules Committee Referred this item to October 7, 2021 Rules And Legislation
Committee for scheduling
This Informational Report be Scheduled.to go before the *Rules & Legislation
Committee to be heard 10/7/2021
3.17
Subject:
Report On The School Crossing Guards Program
From:
Councilmember Gallo And President Pro Tempore Thao
Recommendation: Receive A Report On The School Crossing Guards Program,
Including Information On Which OUSD Schools Have Guards, And How Many At Each
School, As Well As The Number Of Guards Hired To-Date And The Number Needed To
Be Hired To Fill Authorized Budgeted Levels
21-0721
Attachments: View Report
The Rules Committee Referred this item to October 7, 2021 Rules And Legislation
Committee for scheduling
This Report and Recommendation be Scheduled.to go before the *Rules &
Legislation Committee to be heard 10/7/2021
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
3.18
Subject:
Report On Staffing Levels In The Public Works Department And The
Department Of Transportation
From:
Councilmember Gallo
Recommendation: Receive A Report On Staffing Levels In The Public Works Department
And The Department Of Transportation, Including The Number Of Funded But Vacant
Positions, The Monthly Attrition Rate Of Employees Through Retirement, Resignation And
Termination And The Effects That These Staffing Shortages Have On The Ability Of The
Two Departments To Fulfill Their Goals And Mandates; On The November 22, 2021
Special Public Works Committee Agenda
21-0722
The Rules Committee Referred this item to October 7, 2021 Rules And Legislation
Committee for scheduling
This Informational Report be Scheduled.to go before the *Rules & Legislation
Committee to be heard 10/7/2021
3.19
Subject:
Informational Report On Outside Law Enforcement Agencies
From:
Councilmember Fife
Recommendation: Receive An Informational Report From The City Administrator
Regarding The Presence And Operations Of Outside Law Enforcement Agencies,
Including The Federal Bureau Of Investigation (FBI) And California Highway Patrol (CHP),
In The City Of Oakland; Including Any Information Related To The Recent Killing Of
Michael Jonathan Cortez By An FBI Agent, The Existence Of Any Contracts Or Use Of
Public Dollars To Support These Outside Agencies, How Investigations Concerning
These Agencies' Activities Are Being Handled, And The City's Public And Media
Communications Policy With Regards To How These Entities Operate In Our Community
21-0727
Attachments: View Report
View Attachment A
View Attachment B
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 11/9/2021
Recommendations From Committees:
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
3.20
Subject:
Informational Report To Formally Establish The Education Partnership
Committee
From:
Councilmember Reid
Recommendation: Receive An Informational Report Regarding Proposed Legislation To
Formally Establish The Education Partnership Committee As A Standing Committee Of
The Oakland City Council
21-0674
Attachments: View Report 1
View Report - 2
This Informational Report be Scheduled.to go before the *Education Partnership
Committee to be heard 1/24/2022
3.21
Subject:
Choice Of Communications Services Providers By Occupants Ordinance
From:
Councilmember Gallo
Recommendation: Adopt An Ordinance To Prohibit Owners Of Multiple Occupancy
Buildings From Interfering With The Choice Of Communications Services Providers By
Occupants, Establish Requirements For Communications Services Providers To Obtain
Access To Multiple Occupancy Buildings, And Establish Remedies For Violation Of The
Access Requirement
21-0467
Attachments: View Report
View Supplemental Report - 10/1/2021
View Supplemental Report - 10/15/2021
13663 CMS
Approved to Non-Consent
This City Resolution be Scheduled.to go before the * Concurrent Meeting of the
Oakland Redevelopment Successor Agency and the City Council to be heard
10/5/2021
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
4
Review Of Draft Agendas And Review Of Pending Lists For Council And Committee
Meetings
21-0617
Attachments: View October 5, 2021 Special City Council Agenda At 1PM
View Previously Distributed October 5, 2021 City Council Agenda
View Previously Distributed October 7, 2021 Rules Agenda
View Finance And Management Committee Pending List
View Public Works Committee Pending List
View Community & Economic Development Committee Pending List
View Life Enrichment Committee Pending List
View Education Partnership Committee Pending List
View Public Safety Committee Pending List
View Rules Committee Pending List
View Draft October 11, 2021 Finance & Management Committee
Agenda
View Draft October 12, 2021 Public Safety Committee Agenda
View Draft October 14, 2021 Rules Committee Agenda
Council President Fortunato Bas noted a October 5, 2021 Special City Council
Meeting was called at 1 P.M.
A motion was made by Carroll Fife, seconded by Nikki Fortunato Bas, that this
matter be Accepted as Amended. The motion carried by the following vote:
Aye: 4 - Thao, Fortunato Bas, Fife, and Kalb
NO VOTE: 0
CHANGES MADE TO DRAFT AGENDAS, PENDING LISTS AND COUNCIL & COMMITTEE
MEETINGS
CHANGES MADE TO THE PENDING LIST
Changes Made To The Special Concurrent Meeting of the Education Partnership Committee
and the Oakland Unified School District Board of Education Pending List
The Committee approved as amended the follow; removing Number 1 under
pending no date specific:
Inspection Program for Lead
This be Accepted.
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
5 Determinations Of Closed Session
A motion was made by Dan Kalb, seconded by Nikki Fortunato Bas, that this
matter be Accepted. The motion carried by the following vote:
Aye: 4 - - Thao, Fortunato Bas, Fife, and Kalb
NO VOTE: 0
6
Subject:
Housing, Residential Rent And Relocation Board Appointments
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointments Of Denard
Ingram As An Undesignated Member And Nikitra Hudson As An Owner Member To The
Housing, Residential Rent And Relocation Board
[NEW TITLE]
21-0669
Attachments: View Report
View Denard Ingram Resume
View Denard Ingram Application
View Karolina Bufka Resume
View Karolina Bufka Application
View Nikitra Hudson Resume
View Nikitra Hudson Application
View Legislation
88842 CMS
The Rules And Legislation Committee approved the following title change read into
record:
Adopt A Resolution Confirming The Mayor's Appointments Of Denard Ingram As
An Undesignated Member And Nikitra Hudson As A Owner Member To The
Housing, Residential Rent And Relocation Board
A motion was made by Carroll Fife, seconded by Dan Kalb, that this matter be
Approved the Recommendation of Staff, and Forward to go before the *
Concurrent Meeting of the Oakland Redevelopment Successor Agency and the
City Council, to be heard 10/5/2021. The motion carried by the following vote:
Aye: 4- - Thao, Fortunato Bas, Fife, and Kalb
NO VOTE: 0
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
7
Subject:
In Support Of Assembly Constitutional Amendment 3
From:
Councilmember Fife And Vice Mayor Kaplan
Recommendation: Adopt A Resolution Supporting Assembly Constitutional Amendment
3 (Kamlager), Removing The Language ""Except To Punish Crime"" From The California
State Constitution, To Prohibit Slavery And Involuntary Servitude Without Exception; And
Denouncing Structural Racism And Any Vestiges Of Slavery
21-0667
Attachments: View Report
View Legislation
88843 CMS
A motion was made by Carroll Fife, seconded by Dan Kalb, that this matter be
Approved the Recommendation of Staff, and Forward to go before the
*
Concurrent Meeting of the Oakland Redevelopment Successor Agency and the
City Council, to be heard 10/5/2021. The motion carried by the following vote:
Aye: 4 - Thao, Fortunato Bas, Fife, and Kalb
NO VOTE: 0
Open Forum (Total Time Available: 15 Minutes)
There were 4 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 12:46 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 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 Relay Service:711
City of Oakland
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Meeting Minutes - FINAL
September 30, 2021
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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Printed on 2/2/2022",17,RulesAndLegislationCommittee/2021-09-30.pdf