Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment Agency/ |
City Council/Joint Powers |
Financing Authority |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California 94612 |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, May 16, 2006
CONSENT ITEM: any action item that a subject matter Committee has forwarded to the full |
Council with unanimous recommendation for approval and is not controversial, and does not have |
a high level of public interest as determined by the Rules Committee. These items are heard on the |
6:00 P.M. portion of the agenda. |
NON-CONSENT ITEM: any action that a subject-matter Committee has forwarded to the full |
Council without unanimous recommendation for approval, or having a high level of public |
interest, or is controversial as determined by the Rules Committee. These items are heard on the 7 |
:00 P.M. portion of the agenda. |
ACTION ITEM: any resolution, ordinance, public hearing, motion, or recommendation requiring |
official vote and approval of the City Council to be effective. |
INFORMATIONAL ITEM: an item of the agenda consisting only of an informational report that |
does not require or permit Council action. |
1
Pledge of Allegiance
2
Roll Call / ORA & Council |
COUNCIL MEMBERS: Jane Brunner, Dist. 1; Patricia Kernighan, Dist. 2; Nancy Nadel, |
Dist. 3; Vice Mayor Quan, Dist. 4; Desley Brooks, Dist. 6; Larry Reid, Dist. 7; Henry |
Chang, At-Large, and President Ignacio De La Fuente, Dist. 5 |
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
4
Modifications to the Consent Calendar, and requests from Councilmember(s) to pull an |
item from the Consent Calendar, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
5
Motion for 'Members' Requests for Reconsideration' of an Action taken at the preceding |
Council Meeting, shall be scheduled for the next-succeeding City Council meeting as a |
non-consent item. (Motion Maker must have voted on prevailing side) |
6
Requests from Councilmember(s) to schedule an Action Item considered by Committee |
but not forwarded to Council, shall be scheduled for the next-succeeding City Council |
meeting as a non-consent item. |
7
Approval of the Draft Minutes from the Concurrent Meeting of the Oakland |
Redevelopment Agency/City Council held on May 2, 2006 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: National Older Americans Month |
From: Councilmember Chang |
Recommendation: Adopt A Resolution Declaring May 2006 As National Older |
Americans Month |
8.2
Subject: McClymonds High School Football Team |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Congratulating The McClymonds High School |
Football Team For Excellence In Athletics And Academics |
8.3
Subject: Recognition Of Gabriel Cervantez |
From: Councilmember Larry Reid |
Recommendation: Adopt A Resolution Honoring Gabriel Cervantez For His 26 Years Of |
Dedicated Service To The City Of Oakland And Congratulating Him On His Recent |
Retirement |
8.4
Subject: National Public Works Week |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Celebrating The Week Of May 21, Through May |
27, 2006 As National Public Works Week In The City Of Oakland |
8.5
Subject: Silence The Violence Day |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Declaring June 1, 2006 As Silence The Violence |
Day In The City Of Oakland |
8.6
Subject: Meals In May Month |
From: Councilmember Nadel |
Recommendation: Adopt A Resolution Declaring May 2006 As Meals In May Month In |
The City Of Oakland |
S-8.7
Subject: Support Of State Proposition 81 |
Recommendation: Adopt A Resolution Declaring The City Of Oakland's Support For |
Proposition 81 - The California Reading And Literacy Improvement And Public Library |
Construction And Renovation Bond Act Of 2006 |
Pursuant to Section 2.20.080(E)2 of the Sunshine Ordinance an urgency |
finding was made at the May 11, 2006 Rules and Legislation Committee to |
place this item on the agenda for the following reasons: That there is a |
need to take immediate action which came to the attention of the local body |
after the agenda was posted, and that the need to take immediate action |
relates to a purely ceremonial or commendatory action. |
This item requires an urgency finding pursuant to Section 2.20.080 E(2) of |
the Sunshine Ordinance requiring a 2/3 majority vote. |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1CC
Subject: Declaration Of A Local Emergency Due To AIDS Epidemic |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Renewing And Continuing The City Council's |
Declaration Of A Local Emergency Due To The Existence Of A Critical Public Health |
Crisis With Regard To The AIDS Epidemic |
10.2CC
Subject: Medical Cannabis Health Emergency |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Renewing The City Council's Declaration Of A |
Local Public Health Emergency With Respect To Safe, Affordable Access To Medical |
Cannabis In The City Of Oakland |
10.3CC
Subject: Thomas Cox - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Claim Of 21st Century Insurance As Subrogee For Thomas |
Cox In The Amount Of $14,771.71, As A Result Of An Auto Collision Involving A City |
Of Oakland Vehicle On October 15, 2005. (Public Works Agency) |
This item was not heard in Closed Session
10.4CC
Subject: Charles Dilelio - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing and Directing the City Attorney to |
Compromise And Settle The Claim Of Charles Dilelio In The Amount Of Seven |
Thousand Five Hundred Dollars And No Cents ($7,500.00), As A Result Of Bodily |
Injury Damages Sustained In An Automobile Collision With A City Vehicle On June 23, |
2005. (Oakland Police Department) |
This item was not heard in Closed Session
10.5CC
Subject: Tax And Revenue Anticipation Notes |
From: Finance and Management Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Providing For The Borrowing Of Funds For Fiscal Year 2006-2007 In An Amount Not |
To Exceed $75,000,000 And The Issuance And Sale Of 2006-2007 Tax And Revenue |
Anticipation Notes Therefore; Approving The Publication Of Notices In Connection |
With Such Sale, And Authorizing The Award Of Such Notes Subject To Certain |
Conditions, And Certain Related Matters |
Introduction (First Reading) was heard May 2, 2006; 8 Ayes
10.6CC
Subject: Purchase Of Real Property At 450 Lancaster Street |
From: Finance and Management Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Authorizing The Exercise Of The Option To Purchase Real Property Located At 450 |
Lancaster Street For The Oakland Museum Of California Pursuant To Resolution No. |
76569, Authorizing A Lease Of The Real Property To The Oakland Joint Powers |
Financing Authority, Authorizing A Sublease Of The Real Property From The Oakland |
Joint Powers Financing Authority, And Authorizing Of Tax-Exempt Lease Financing In |
An Amount Not To Exceed $5,000,000 |
Introduction (First Reading) was heard May 2, 2006; 8 Ayes
10.7CC
Subject: Conflict Waiver - Farella Braun And Martel |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Approving A Conflict Waiver For The Law Firm |
Of Farella Braun And Martel, Which Currently Represents The City Of Oakland On |
Various Insurance Coverage Matters, To Allow The Firm To Represent Neu Investment |
Corporation Regarding A Proposed Granting Of A Pedestrian Easement To The City |
Along The Waterfront Of Property Located At 3675 Alameda Avenue As Part Of The |
Bay Trail |
10.8CC
Subject: Conflict Of Interest Waiver - Sheppard Mullin Richter And Hampton LLP |
From: Office Of The City Attorney |
Recommendation: Adopt A Resolution Approving A Waiver Of Any Conflict Of Interest |
That The Law Firm Of Sheppard Mullin Richter And Hampton LLP May Have As A |
Result Of Providing Advice To The Fulton Project Development Group In Matters |
Related To The Development Of Approximately 70 Acres Of The Former Oakland Army |
Base |
10.9CC
Subject: Support Of Assembly Bill 32 |
From: Public Works Agency |
Recommendation: Adopt A Resolution Supporting Assembly Bill 32 - The Climate |
Change Act Of 2006 Being Considered By The California Legislature |
The May 4, 2006 Rules and Legislation Committee approved |
recommendations; 4 Ayes |
10.10CC
Subject: Support Of Assembly Bill 2444 And Senate Bill 1611 |
From: Public Works Agency |
Recommendation: Adopt A Resolution Declaring The City Of Oakland's Support For |
Assembly Bill 2444 (Klehs) And Senate Bill 1611 (Simitian) (Vehicle Registration Fee |
For Congestion Management And Related Environmental Mitigation) |
The May 4, 2006 Rules and Legislation Committee approved |
recommendations; 4 Ayes |
10.11CC
Subject: Final Map For Tract 7598 |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Approving The Final Map For Tract 7598 For A Residential Home |
Project At 10900 Edes Avenue And Conditionally Accepting Irrevocable Offers Of |
Dedication For An On-Site Public Assess Easement And Off-Site Public Right-Of-Way; |
And |
2) A Resolution Approving A Subdivision Improvement Agreement With East Bay |
Habitat For Humanity, Inc., For Construction Of Public Infrastructure Improvements At |
10900 Edes Avenue For The Final Map For Tract 7598 |
S-10.12CC
Subject: Route 260 Deficiency Plan - Operational Improvements On Jackson Street |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Award A |
Construction Contract To Ray's Electric, The Sole Responsible And Responsive Bidder, |
For The Route 260 Deficiency Plan: Operational Improvements On Jackson Street At 6th |
And 7th Streets Project, Federal Project No. CML-5012 (050), (City Project No. G |
170510/C232820) In The Amount Of One Hundred Seventy-Five Thousand Six Hundred |
Twenty-Four Dollars And Fifty Cents ($175,624.50) |
The May 9, 2006 Public Works Committee approved recommendations: 4 |
Ayes |
S-10.13CC
Subject: Fiscal Year 2006-2007 State Transportation Development Act Funds |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Apply For, |
Accept, And Appropriate Up To Five Hundred Eighty Thousand Two Hundred Fifty- |
Seven Dollars ($580,257.00) In Fiscal Year 2006-2007 State Transportation |
Development Act (TDA) Article 3 Funds As Follows: Alameda Avenue Bay Trail |
Extension Project In The Amount Of Two Hundred Fifty-Three Thousand Six Hundred |
Twenty-One Dollars ($253,621.00), Bancroft Avenue Bikeway Project, Phase III (66th |
To 82nd Avenues) In The Amount Of One Hundred Thirty-Five Thousand Dollars ($135 |
,000.00), Bike Lane Restriping And Stenciling Project, Phase II In The Amount Of One |
Hundred Seventy-Six Thousand Six Hundred Thirty-Six Dollars ($176,636.00), And The |
Cityracks Bicycle Parking Program, Phase V In The Amount Of Fifteen Thousand |
Dollars ($15,000.00) |
The May 9, 2006 Public Works Committee approved recommendations: 4 |
Ayes |
S-10.14CC
Subject: 45th Street - Farmer's Market |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting A Conditional And Revocable |
Encroachment Permit To The Temescal/Telegraph Business Improvement District For A |
Farmers' Market In The Public Right-Of-Way On 45th Street At The Intersection Of |
Telegraph Avenue Each Sunday Between The Hours Of 7:00 A.M. And 3:00 P.M. |
The May 9, 2006 Public Works Committee approved recommendations: 4 |
Ayes |
S-10.15CC
Subject: Compressed Natural Gas Refueling Station |
From: Director, Public Works Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing The City Administrator To Accept $225,000 In Grant |
Funds To Offset The Incremental Cost Of Acquiring One Compressed Natural Gas |
Refueling Station And To Enter Into A Funding Agreement With The Alameda County |
Congestion Management Agency; And |
2) A Resolution Authorizing The City Administrator To Accept $150,000 In Grant |
Funds To Offset The Incremental Cost Of Acquiring One Compressed Natural Gas |
Refueling Station And To Enter Into A Funding Agreement With The California Energy |
Commission |
The May 9, 2006 Finance and Management Committee approved |
recommendations: 4 Ayes |
S-10.16CC
Subject: Acquisition Of 450 Lancaster Street |
From: Finance And Management Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Of The City Council Of The City Of Oakland Authorizing The |
Execution And Delivery By The City Of A Site And Facility Lease And A Lease |
Agreement In The Principal Amount Of Not To Exceed $5,000,000 With Respect To |
The Acquisition Of Real Property Located At 450 Lancaster Street For The Oakland |
Museum Of California And Authorizing The Execution Of Necessary Documents And |
Certificates And Related Actions; And |
2) A Resolution Of the Oakland Joint Powers Financing Authority Authorizing The |
Execution And Delivery By The Authority Of A Site And Facility Lease, A Lease |
Agreement And An Assignment Agreement In The Principal Amount Of Not To Exceed |
$5,000,000 With Respect To The Acquisition Of Real Property Located At 450 |
Lancaster Street For The Oakland Museum Of California And Authorizing The |
Execution Of Necessary Documents And Certificates And Related Actions |
The May 9, 2006 Finance and Management Committee approved |
recommendations: 4 Ayes |
S-10.17CC
Subject: Salary Ordinance Amendment |
From: Finance And Management Agency |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance |
Amending The Salary Schedule Of Ordinance No. 12187 (The Salary Ordinance) To |
Add The Permanent Full Time Equivalent Classifications Of Veterinarian, Veterinary |
Technician, And Information And Referral Specialist; And To Add The Permanent Part- |
Time Equivalent Classifications Veterinarian, Veterinary Technician, And Planner IV; |
And To Add The Part-Time Equivalent Classification Of Veterinary Technician; And To |
Increase The Salary Of The Full Time Equivalent Classification, Concrete Finisher |
The May 9, 2006 Finance and Management Committee approved |
recommendations: 4 Ayes |
Final Passage (Second Reading) has been scheduled for May 30, 2006 |
S-10.18CC
Subject: Fruitvale Property Business Improvement District of 2006 |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Of Intention To Form The Fruitvale Property |
Business Improvement District Of 2006, Granting Preliminary Approval Of The |
Management Plan, Directing Filing Of The Proposed Assessment District Boundary |
Description, Submitting A Proposed Assessment To The Affected Property Owners For |
Majority Protest Procedure Approval; And Scheduling A Public Hearing For July 18, |
2006 |
The May 9, 2006 Community and Economic Development Committee |
approved recommendations; 2 Ayes, 1 No - Brunner, 1 Excused - Reid |
S-10.19CC
Subject: Fred Finch Youth Center - Assumption Agreement |
From: Department of Human Services |
Recommendation: Adopt A Resolution (1) Authorizing The City Administrator To Enter |
Into A Grant Assignment And Assumption Agreement Between The City Of Oakland, |
The Fred Finch Youth Center, And The U.S. Department Of Housing And Urban |
Development (HUD) In The Approximate Amount of $490,000 For The Oakland |
Homeless Youth Housing Collaborative (OHYHC) For The Period Of May 1, 2006 To |
July 31, 2006; (2) Accepting And Appropriating $696,434 In Supportive Housing |
Program (SHP) Funding For The Period Of August 1, 2006 To July 31, 2007, And |
Authorizing The City Administrator To Apply For, Accept And Appropriate Any |
Renewal Funding Without Returning To Council; (3)Authorizing The City Administrator |
To Enter Into Agreements In Amounts Not To Exceed $333,000 For Covenant House, $ |
175,000 For First Place Fund For Youth, And $156,000 For The East Oakland |
Community Project From August 1, 2006 To July 31, 2007 To Provide Transitional |
Housing And Services To Homeless Youth Between The Ages of 18 And 25 With One |
Year Options To Renew |
The May 9, 2006 Life Enrichment Committee Agenda approved |
recommendations: 4 Ayes |
S-10.20CC
Subject: Summer Food Service Program |
From: Department Of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf |
Of The City Of Oakland, To Apply For, Accept And Appropriate The Summer Food |
Service Program Grant From The California Department Of Education Nutrition |
Services Division In An Estimated Amount Of $550,000 And To Execute A Professional |
Services Agreement In An Amount Not To Exceed $200,000 Between The City And The |
San Lorenzo Unified School District To Provide Food Services For The 2006 Summer |
Food Service Program For Children |
The May 9, 2006 Life Enrichment Committee Agenda approved |
recommendations: 4 Ayes |
S-10.21CC
Subject: Liquor Store - Report |
Recommendation: Action On A Report And Recommendation On Oakland Liquor |
Stores; Update On "The Good, The Bad & The Ugly" |
The May 9, 2006 Public Safety Committee approved recommendations; 3 |
Ayes, 1 Excused - Reid |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
14. Consideration of items with statutory Public Hearing Requirements:
14.1
Subject: Tree Appeal - 6515 Snake Road |
From: Public Works Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal Filed By Irving and Muriel Schnayer Against The Decision Of The |
Public Works Agency Approving The Issuance Of Tree Removal Permit DR05-123 For |
An Undeveloped Lot On Snake Road |
This item was withdrawn and rescheduled from the May 2, 2006 City |
Council Agenda |
14.2
Subject: Rezoning Of Two Parcels Off Of Skyline Boulevard |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The |
Introduction (First Reading) Of An Ordinance To Rezone 2 Parcels, Comprising |
Approximately 9.4 Acres Of Land, Off Of Skyline Boulevard In An Area Generally |
Bounded By Skyline High School To The East, Brookpark Road To The West And |
Anthony Chabot Regional Park To The North, From The R-30 One-Family Residential |
Zone To The R-1 One Acre Estate Residential Zone (Case File Number RZ04-044) |
This item was withdrawn at the May 11, 2006 Rules and Legislation |
Committee meeting |
14.3
Subject: Panoramic Hill - Rezoning |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Approve The |
Introduction (First Reading) Of An Ordinance To Rezone The Panoramic Hill |
Neighborhood, Comprising Approximately 30 Acres Of Land, In An Area Generally |
Located North of Dwight Way, South Of Panoramic Place, East Of The Oakland |
Berkeley Border, And West Of Panoramic Way, From The R-20 Low Density |
Residential Zone / S-4 Design Review Combining Zone and S-18 Mediated Residential |
Design Review Combining Zone To R-10 Estate Residential Zone / S-4 Design Review |
Combining Zone and S-18 Mediated Residential Design Review Combining Zone (Case |
File Number RZ04-042) |
Final Passage (Second Reading) has been scheduled for May 30, 2006
14.4
Subject: Forest City Residential West |
From: Community And Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The |
Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Sale Of Real Property Located On A Block |
Bounded By Telegraph Avenue, Williams Street, A New Public Park and 19th Street To |
Forest City Residential West, Inc. For $6,900,000 For A Mixed-Use Project, And |
Authorizing A Disposition And Development Agreement For The Project |
2) A Resolution Approving The Sale Of Real Property Located On A Block Bounded By |
Telegraph Avenue, Williams Street, A New Public Park and 19th Street To Forest City |
Residential West, Inc. For $6,900,000 For A Mixed-Use Project |
The April 25, 2006 Community and Economic Development Committee |
approved recommendations and directed staff to revise the Disposition and |
Development Agreement (DDA) to encourage taller, higher density |
buildings; 4 Ayes |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Winter Storms - Local Emergency |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency |
Due To Winter Storms First Proclaimed By The City Of Oakland On January 5, 2006 |
16
Subject: State Legislative Agenda |
From: Council President De La Fuente |
Recommendation: Approval Of The Proposed State Legislative Agenda for 2006 |
Pursuant to the Council's Rules of Procedures Rule 7 (6), a motion was |
made by Councilmember Brunner, seconded by Councilmember Brooks to |
withdraw this item from the May 2, 2006 Consent Calendar to be heard as |
a Non-Consent item on this agenda. |
17
Subject: Altering The Port Area |
From: Office of the City Attorney |
Recommendations: Approve The Introduction (First Reading) Of An Ordinance Altering |
The Port Area To Include Certain Parcels And Exclude Certain Parcels At And Adjacent |
To The Former Oakland Army Base |
Final Passage (Second Reading) has been scheduled for May 30, 2006.
S-18
Subject: Clinton Park Playground Renovations |
From: Public Works Agency |
Recommendation: Adopt A Resolution Rejecting All Bids For The Clinton Park |
Playground Renovations Project (No. G250910) And Authorizing The City |
Administrator, Or Her Designee, To Revise The Specifications And Re-Bid And, If |
Bidding Is Again Unsuccessful, To Negotiate A Construction Contract Within Budget |
The May 9, 2006 Public Works Committee approved recommendations |
and further directed staff to continue working with neighborhood and |
community groups on the following issues: 1) impact of deleting the |
landscape and irrigation plans on overall project design: 2) major changes |
to scope of work plans; and 3) information on bidders for the contract; 4 |
Ayes |
S-19
Subject: Report On Outdoor Advertising Signs (Billboards) |
From: Community And Economic Development Agency |
Recommendation: Receive A Report On The City's Mutual Discussion With The Port Of |
Oakland For The Management And Regulation Of Outdoor Advertising Signs ( |
Billboards) In The City Of Oakland, Including The Port Area |
The May 9, 2006 Community and Econonic Development Comittee |
approved recommendations; 2 Ayes, 1 No - Brunner, 1 Excused - Reid |
ADJOURNMENT OF COUNCIL SESSION |
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
Council) |
Americans With Disabilities Act |
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Recorded Agenda: (510) 238-2386 |
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OVER THE GALLERY BANNISTERS IS STRICTLY PROHIBITED IN ORDER TO |
ENSURE THE SAFETY OF THOSE ATTENDING MEETINGS. |
Agency Secretary/City Clerk |
*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. |
ORA - Oakland Redevelopment Agency |