Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the |
Oakland Redevelopment |
Agency/City Council |
Meeting Agenda
City of Oakland
SUPPLEMENTAL
1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
City of Oakland Website: http://www.oaklandnet.com |
Oakland City Hall, 3rd Floor
6:00 PM
Tuesday, February 06, 2007
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. |
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. |
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; Jean Quan, Dist. 4; Desley Brooks, Dist. 6; Larry |
Reid, Dist. 7; Vice Mayor 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 and Special Meetings of the Oakland |
Redevelopment Agency/City Council held on January 8, 2007, January 9, 2007, January |
16, 2007, and January 23, 2007 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Oakland Youth Orchestra Recognition |
From: Councilmember Jean Quan |
Recommendation: Adopt A Resolution Commending Oakland Youth Orchestra On Its |
43rd Season Of Outstanding Musical Performances |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
10. CONSENT CALENDAR (CC) ITEMS:
10.1-CC
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 |
10.2-CC
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 |
10.3
Subject: James Goodrum - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of James Goodrum v. City of Oakland, et al., |
Superior Court, County Of Alameda, Case No. RG05248882, In The Amount of |
$23,500.00 As A Result Of A Trip And Fall Accident On Bergedo Drive, Oakland, |
October 20, 2004 (Public Works Agency – Trip and Fall Accident) |
This item was not heard in Closed Session
10.4-CC
Subject: Jane Doe and Mary Roe - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Settle The Case Of Jane Doe And Mary Roe V. City Of Oakland And Richard Valerga, |
U.S. Northern District Court Action No. C06-02424 MHP (JCS), Our File No. X02828, |
In The Amount Of $190,000.00. This Case Involves Unwarranted Stops And Improper |
Conduct On The Basis Of Race/Ethnicity And Gender (Oakland Police |
Department-Alleged Civil Rights Violation) |
Council discussed this item in Closed Session on December 5, 2006. Motion |
authorizing settlement passed with 8 Ayes |
10.5-CC
Subject: Steve Frasier - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Case Of Steve Frasier V. City Of Oakland, Alameda |
County Superior Court Case No. RG03-080150, Our File No. 21814 In The Amount Of |
$30,000.00. This Case Involves Allegations That The City Failed To Amend Its Parking |
Meter Ordinance (Public Works Agency) |
Council discussed this item in Closed Session on December 19, 2006. |
Motion authorizing settlement passed with 6 Ayes, 1 No - Brooks, 1 |
Abstain - Brunner |
10.6-CC
Subject: Linda Yin Wong and Marie C. Tran - 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 Linda Yin Wong And Marie C. Tran In The |
Amount Of $6,000 As A Result Of A Trip And Fall On The Sidewalk (PWA) |
This item was not heard in Closed Session
10.7-CC
Subject: Joyce Denyven - 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 Joyce Denyven In The Amount Of Ten Thousand |
Dollars And No Cents ($10,000.00), As A Result Of Bodily Injury Damages Sustained In |
A Trip And Fall Incident On A City Sidewalk Damages By A City Tree On June 28, |
2006. (PUBLIC WORKS AGENCY) |
This item was not heard in Closed Session
10.8-CC
Subject: RP Bayrock I LLC - Conditional Encroachment Permit |
From: Community And Economic Development Agency |
Recommendation: Adopt A Resolution Granting RP Bayrock I LLC A Revocable And |
Conditional Permit To Allow Vaults And Electrical Transformers For A New Building |
At 620 Broadway To Encroach Under The Public Sidewalk Along 6th Street For The 8 |
Orchids Project |
The January 23, 2007 Public Works Committee approved |
recommendations; 4 Ayes |
10.9-CC
Subject: Police Administration Building Seismic Retrofit |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing Acceptance And Appropriation Of A |
Grant From The Earthquake Safety And Public Building Rehabilitation Bond Act Of |
1990 In The Amount Of Five Hundred Thousand Dollars ($500,000.00) For The Police |
Administration Building Weak Story Seismic Retrofit Project |
The January 23, 2007 Public Works Committee approved |
recommendations; 4 Ayes |
10.10-CC
Subject: Equipment Lease-Purchase Agreements |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To |
Appropriate Two Million Three Hundred Seventy-Seven Thousand Fifty Dollars |
($2,377,050.00) In Interest Earnings From The 2000 And 2002 Equipment Master |
Lease-Purchase Agreements To Fund The Purchase Of Sixty-Nine Replacement Marked |
Police Patrol Vehicles |
The January 23, 2007 Finance and Management Committee approved |
recommendations; 4 Ayes |
10.11-CC
Subject: Public Service Easements - Asiameriland Corporation |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Summarily Vacating Two Public Service |
Easements To Asiameriland Corporation For Parcel Map 8290 On 73rd Avenue |
The January 23, 2007 Community and Econmic Development Committee |
approved recommendations; 4 Ayes |
10.12-CC
Subject: Peralta Hacienda Park - Round Three |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply |
For, Accept, And Appropriate Grant Funds From The California Cultural And Historical |
Endowment (CCHE) For Round Three Under State Of California Proposition 40 (Clean |
Water, Clean Air, Safe Parks, And Coastal Protection Act Of 2002), For Peralta |
Hacienda Historical Park In An Amount Up To One Million Eight Hundred And Fifty |
Thousand Dollars ($1,850,000.00) |
The January 23, 2007 Life Enrichment Committee approved |
recommendations; 4 Ayes |
10.13-CC
Subject: Project Choice Model Case Management Service Agreement |
From: Department Of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute |
An Agreement Between The City Of Oakland And Volunteers of America, Bay Area, |
Inc. For An Amount Not To Exceed $81,869 To Provide Project Choice Model Case |
Management In Accordance With The Violence Prevention And Public Safety Act Of |
2004 For The Period Of January 1, 2007 To June 30, 2007 With Two One-Year Options |
To Renew For Amounts Not To Exceed $163,738 Per Year |
The January 23, 2007 Public Safety Committee approved |
recommendations; 3 Ayes, 1 Excused - Reid |
10.14-CC
Subject: A Community Response and Support Network - Contract |
From: Department Of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute |
Agreements Between The City Of Oakland And Catholic Charities Of The East Bay For |
An Amount Not To Exceed $300,000 To Provide A Community Response And Support |
Network (CRSN) To Respond To Oakland Homicides, $100,000 To The Alameda |
County Health Care Services Agency To Provide Coordination And Mental Health |
Services To CRSN Participants And $65,000 To Youth Alive! To Provide The Caught In |
The Crossfire Program At Highland Hospital In Accordance With The Violence |
Prevention And Public Safety Act Of 2004 For The Period Of February 1, 2007 To |
January 31, 2008 With A One-Year Option To Renew |
The January 23, 2007 Public Safety Committee approved |
recommendations and directed staff to specify the amount of leveraged |
dollars and matching funds in future reports; 3 Ayes, 1 Excused - Reid |
10.15-CC
Subject: Urban Area Security Initiative Grant - MOU |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her |
Designee To Enter Into A Memorandum Of Understanding With Alameda County, City |
And County Of San Francisco, City Of San Jose And Santa Clara County To Establish |
An Approval Authority Responsible For The Distribution Of The Fiscal Year 2006 |
Urban Area Security Initiative Grant Funds |
The January 23, 2007 Public Safety Committee approved |
recommendations and directed staff to report back in March/April 2007 |
with information regarding how the money is being spent on the twelve |
initiatives and the hiring of planners; 3 Ayes, 1 Excused - Reid |
10.16-CC
Subject: Various Emergency Services Grants |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To: Accept |
And Appropriate A Grant For Thirty Five Thousand Dollars ($35,000.00) For The Period |
January 1, 2006 To October 31, 2007 Federal Fiscal Year 2005 And Fiscal Year 2006, |
From The State Of California's Homeland Security Grant Program For Community |
Emergency Response Team (CERT) Enhancement And Citizen Corps Council Projects, |
Awarded And Administered By The Alameda County Operational Area To The City Of |
Oakland Office Of Emergency Services (OES) For The Citizens Of Oakland Respond To |
Emergencies (CORE) Program, And, If CERT Grant Funding Is Increased, Accept And |
Appropriate Additional CERT Grant Funds As Described Above Without Return To |
Council |
The January 23, 2007 Public Safety Committee approved |
recommendations; 3 Ayes, 1 Excused - Reid |
10.17-CC
Subject: Amendment To The Conflict of Interest Code |
From: Office Of The City Attorney |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Amending The City Of Oakland's Conflict Of Interest Code (Ordinance Number 11562 |
C.M.S. Adopted March 23, 1993, As Amended, Oakland Municipal Code Chapter 3.16) |
Enacting A Conflict Of Interest Code For City Of Oakland Employees, Members Of |
Boards And Commissions, And Consultant Positions To Update The Designation Of |
Positions Covered By The Code |
Introduction (First Reading) was approved on January 16, 2007 as |
amended to reflect changes to the designated positions for the City Clerk's |
office as follows: the following positions were deleted: Administrative |
Services Manager II and Project Manager; the following position was |
added: Management Assisstant; 8 Ayes |
10.18-CC
Subject: Mills Act Property Tax Abatement Program - Historic Preservation |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Adopting A Two-Year Pilot Mills Act Property Tax Abatement Program For Qualified |
Historic Properties, And Making Related Amendments To The City's Master Fee |
Schedule; And |
Introduction (First Reading) was approved on January 16, 2007; 8 Ayes
10.19-CC
Subject: Final Tract Map 7396 - Approvals |
From: Community And Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Conditionally Approving The Final Map For Tract 7396 For The Siena |
Hill Residential Subdivision At 4301 Keller Avenue And Conditionally Accepting |
Irrevocable Offers Of Dedication For Public Access And Public Utility Easements; And |
2) A Resolution Conditionally Approving A Subdivision Improvement Agreement With |
Siena Homes LLC For The Final Map For Tract 7396 For The Siena Hill Subdivision |
For Construction Of Public Infrastructure Improvements At 4301 Keller Avenue |
10.20
Subject: Priority Project Funds - District 7 |
From: Councilmember Larry Reid |
Recommendation: Adopt A Resolution Authorizing Immediate Allocation Of $10,000 |
From Councilmember Larry E. Reid's Priority Project Funds To East Oakland Senior |
Citizens, Inc. |
10.21-CC
Subject: Councilmembers Larry Reid And Jean Quan - Travel Authorization |
From: Councilmembers Larry Reid and Jean Quan |
Recommendation: Adopt A Resolution Authorizing Councilmember Larry Reid And |
Councilmember Jean Quan To Travel To Washington, DC To Attend The National |
League Of Cities 2007 Annual Conference From March 10-14, 2007 |
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: Traffic Impact Program |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The |
Following Pieces Of Legislation: |
1) Approve The Introduction (First Reading) Of An Ordinance Amending The Oakland |
Municipal Code Title 10, Adding Chapter 70, Establishing A Traffic Impact Program |
(TIP) Pursuant To California Government Code Sections 66000 Through 66025 |
(Mitigation Fee Act) For The Southeast Portion Of The City Of Oakland, Including |
Procedural Requirements For The Adoption, Imposition, And Adjustment Of Traffic |
Impact Fees (TIF); And |
Final Passage (Second Reading) has been scheduled for February 20, 2007
2) A Resolution Establishing A Traffic Impact Fee (TIF) Pursuant To Adoption And |
Implementation Of The Traffic Impact Program (TIP) For The Southeastern Portion Of |
The City Of Oakland, Including The Adoption And Imposition Of Traffic Impact Fees |
(TIF) And Designated Projects For Fiscal Year 2007-2009 |
The January 23, 2007 Community and Economic Development Committee |
approved recommendations and directed staff to forward a scheduling |
request to the Rules and Legislation Committee regarding the issue of |
major development projects paying their fair share of traffic impact fees; 3 |
Ayes, 1 No - Reid |
ACTION ON NON-CONSENT ITEMS:
15
Subject: Oakland Garden Hotel, LLC - Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt the Following Pieces Of Legislation: |
1) An Agency Resolution Pursuant To Section 4.9.2 And 11.2 Of The Disposition And |
Development Agreement Between The Oakland Redevelopment Agency And Oakland |
Garden Hotel LLC, Authorizing The Agency Administrator To Approve The Transfer Of |
Ownership Of The Oakland Garden Hotel To The CIM Group; And |
2) A Resolution Pursuant To Section 10. Of The Hyatt Regency Oakland Hotel Ground |
Lease Between The City Of Oakland And Oakland Renaissance Associates Authorizing |
The City Administrator To Approve The Assignment Of The Ground Lease And The |
Sale Of The Marriott Hotel To The CIM Group, And To Accept All Payments Due The |
City |
This item was withdrawn by the February 1, 2007 Rules and Legislation |
Committee |
16
Subject: Universal Waste Initiatives |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Pursue And |
Support Statewide And Local Legislative And Other Initiatives To Hold Producers |
Responsible For Product Waste, Starting With Products Defined As Universal Waste |
The January 23, 2007 Public Works Committee approved |
recommendations as amended to add a fourth resolved, "that the City will |
collaborate with the Association of Bay Area Governments (ABAG) on |
issues of waste reduction; 4 Ayes |
17
Subject: Main Library Teen Zone Improvements |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Her |
Designee, To Award A Construction Contract For The Main Library Teen Zone |
Improvements Project In Accord With Specification No. P241410 To Harding |
Construction Inc. In The Amount Of Two Hundred Seventy-Four Thousand Dollars |
($274,000.00) And To Appropriate Three Hundred Thirty Three Thousand Ten Dollars |
($333,010.00) To The Main Library Teen Zone Improvements Project From The |
Oakland Public Library Trust Fund |
The January 23, 2007 Public Works Committee approved |
recommendations and directed staff to introduce the selected prime |
contractor to local electrical subcontractors and to forward a scheduling |
request to the Rules and Legislation Committee on a policy of providing |
incentives to prime contractors to select local subcontractors in future |
projects; 4 Ayes |
18
Subject: Cale Parking Systems Contract |
From: Finance and Management Agency |
Recommendation: Adopt A Resolution Awarding A Contract To Cale Parking Systems |
USA, Inc., To Purchase And Install Approximately Five Hundred (500) Multi-Space Pay |
And Display Parking Meters In Accordance With Specification No. 06-550-38-1 In An |
Amount Not-To-Exceed Four Million, Five Hundred Thousand Dollars ($4,500,000.00), |
And Authorizing The City Administrator To Proceed With A Competitive Process For A |
Finance Lease Company To Finance The Multi-Space Pay And Display Parking Meters |
(TITLE CHANGE) |
The January 23, 2007 Finance and Management Committee approved |
recommendations and directed staff to amend the resolution with the |
following: Clarify that there would be no reduction in staff or salaries |
during the 18 month pilot period; rewrite the first "further resolved" to |
specifically state where the funding is coming from; and delete the words |
without return to council from the resolution; 3 Ayes, 1 No De La Fuente |
19
Subject: Conley Consulting - Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing A Professional Services |
Agreement With Conley Consulting Group To Develop A Citywide Retail Recruitment |
Strategy And Implementation Plan In An Amount Not To Exceed $436,720 |
The January 23, 2007 Community and Economic Development Committee |
approved recommendations and directed staff to ensure that a strong |
implementation plan is utilized based on the findings from the study; 4 |
Ayes |
20
Subject: Oakland Ice Center Contract |
From: Community And Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing A Three-Year Operations |
And Management Agreement With San Jose Arena Management, LLC For The Oakland |
Ice Center For A Negotiated Annual Fee Based On A Percentage Of Net Revenue, |
Pursuant To Specific Criteria (TITLE CHANGE) |
The January 23, 2007 Community and Economic Development Committee |
approved recommendations as amended to direct staff to negotiate a |
three-year contract with San Jose Management, LLC (SJAM) with the |
following additional requirements: 1) Make sure the facility offers a |
balanced and diverse program for residents and children; 2) an option for |
the possible allocation of resources for maintenance; and 3) if a City or |
Agency subsidy is given to the Oakland Ice Rink, the Rink operator shall |
offer a free day for Oakland Unified School District students, similar to |
that done for the Oakland Zoo and Children's Fairyland. 3 Ayes, 1 No - |
Reid |
21
Subject: Tobacco Shop - Moratorium |
From: Councilmember Larry Reid |
Recommendation: Adopt An Interim Ordinance Of The City Of Oakland Adopted As An |
Urgency Measure Pursuant To California Government Code Section 65858 Making |
Findings And Establishing A Temporary Moratorium On The Establishment Of Any |
New Activity Or Facility Selling Tobacco Or Tobacco Related Products Or Paraphernalia |
Pursuant to California Government Code Section 65858, Introduction and |
adoption of this ordinance requires a vote of 4/5 of the members (7 |
Affirmative Votes). This ordinance is introduced and adopted at the same |
meeting and it is in effect immediately for a 45 day period upon adoption. |
22
From: Office of the City Administrator |
Recommendation: Adopt A Resolution Establishing The Salary And Salary Range For |
The Mayor Of The City Of Oakland, Pursuant To The Oakland City Charter, Article III, |
Section 300 |
22.1
From: Office Of The City Administrator |
Recommendation: Action On A Report Calculating The Salary Of The Mayor Of The |
City Of Oakland, In Conformance With The Procedures Set Forth In Article III, Section |
300 Of The Oakland City Charter |
Recommendation: Receive The City Auditor's Report Regarding The Report Calculating |
The Oakland City Mayor's Salary In Conformity With The Oakland City Charter |
The January 25, 2007 Rules and Legislation Committee approved a motion |
by Vice Mayor Chang to approve recommendations and set the Mayor's |
salary at 80% of the average estimated at $163,000, Councilmember Reid |
seconded the motion at 84% for the estimated salary of $163,000; 3 Ayes, 1 |
Excused - Brunner |
23
Subject: Coliseum Authority Board Appointment |
From: Council President Ignacio De La Fuente |
Recommendation: Adopt A Resolution Appointing Yui Hay Lee As A Member Of The |
Oakland-Alameda County Coliseum Authority Board Of Commissioners |
24
Subject: Coliseum Authority Board Appointment |
From: Council President Ignacio De La Fuente |
Recommendation: Adopt A Resolution Appointing Gerorgia W. Richardson As A |
Member Of The Oakland-Alameda County Coliseum Authority Board Of |
Commissioners |
25
Subject: City-Port Liaison Committee Appointments |
From: Council President De La Fuente |
Recommendation: Action On A Report Pursuant To The Council's Rules Of Procedure |
(Resolution No. 79006 C.M.S.) To Confirm The City Council President's Appointments |
Of The Members Of The City-Port Liaison Committee |
26
Subject: McKillop Roadway - Landslide Damage |
From: Public Works Agency |
Recommendation: Adopt A Resolution Renewing And Continuing The Local Emergency |
Due To Landslide Damage To McKillop Roadway First Proclaimed By the City Of |
Oakland On October 17, 2006 |
Continuation of Open Forum
ADJOURNMENT OF COUNCIL SESSION |
(Meeting shall conclude no later than 10:30 p.m., unless extended by Majority Vote of the |
Council) |
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ORA - Oakland Redevelopment Agency |