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, March 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 Meeting of the Oakland |
Redevelopment Agency/City Council held on February 20, 2007 |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Women's History Month |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Declaring The Month Of March 2007 "Women's |
History Month" In The City Of Oakland |
8.2
Subject: Brenda Tipton-Gaines Recognition |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Honoring Brenda Tipton-Gaines For 29 Years Of |
Distinguished Service And Dedication To The City Of Oakland, And Congratulating Her |
On Her Retirement |
8.3
Subject: 4th Year Anniversary Of The War On Iraq |
From: Councilmember Jean Quan and Council President De La Fuente |
Recommendation: Adopt A Resolution Noting The Fourth Year Anniversary Of The War |
On Iraq And Its Costs To The City OF Oakland's Social Programs And Sponsoring The |
March 24th Day To End The War And End The Violence At Home |
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-CC
Subject: Limitations On Residential Eminent Domain Authority |
From: Community And Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance |
Adopting The First Amendment To The Broadway/MacArthur/ San Pablo |
Redevelopment Plan To Limit The Redevelopment Agency's Eminent Domain Authority |
Over Residential Property |
Introduction (First Reading) was approved on February 20, 2007; 7 Ayes, 1 |
Excused - Reid |
10.4-CC
Subject: Carol Depasquale - 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 Carol Depasquale In The Amount Of Sixty Four |
Thousand Twenty Six Dollars And 34 Cents ($64,026.34), As A Result Of Property |
Damage Sustained Due To A Sewer Flood Caused By A Failed City Sewer Main On |
January 3, 2006. (Public Works Agency) |
This item was not heard in Closed Session
10.5-CC
Subject: Kevin Brown - 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 Kevin Brown, In The Amount Of Sixteen |
Thousand Seven Hundred Twenty Dollars And No Cents ($16,720.00), As A Result Of |
Property Damage Sustained Due To A Sewer Flood Caused By A Failed City Sewer |
Main On March 16, 2006. (PWA) |
This item was not heard in Closed Session
10.6-CC
Subject: Shamika And Wayne Newman - Settlement Agreement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To |
Compromise And Settle The Indemnity Contribution Claim Of General Insurance |
Company Of America/Safeco Insurance Companies (Re: Shamika And Wayne Newman) |
In The Amount Of Six Thousand Seven Hundred Fifty Dollars And No Cents |
($6,750.00), As A Result Of Bodily Injury Damages Sustained In A Trip And Fall |
Incident By Wayne And Shamika Newman In A City Owned Building On April 8, 2006. |
This item was not heard in Closed Session
10.7-CC
Subject: Mary Harvey - 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 Mary Harvey V. City Of Oakland, et al., Superior |
Court, County Of Alameda, Case No. RG06256879, In The Amount Of $25,000.00 As A |
Result Of A Trip An Fall Accident At 3711 MacArthur Boulevard, Oakland, On June 11, |
2005 (Public Works Agency-Trip And Fall Accident) |
The Council will discuss this item in Closed Session on March 6, 2007
10.8-CC
Subject: Project Priority Funds - District Seven |
From: Councilmember Larry Reid |
Recommendation: Adopt A Resolution Authorizing An Immediate Grant Of $15,000 |
From Councilmember Larry E. Reid's Priority Project Funds To Northern California |
Compassion Network For The Purchase And Installation Of Walk-In Refrigeration, |
Additional Shelving And A Forklift |
S-10.9
Subject: Class II Bicycle Lanes On Lakeshore Avenue |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The Installation Of Class II Bicycle |
Lanes On Lakeshore Avenue By Reducing Travel Lanes From Four (4) Through Lanes |
To Two (2) Through Lanes And Adding A Continuous Center-Turn Lane Between |
Harvard/Winsor Roads And Mandana Boulevard |
The February 27, 2007 Public Works Committee approved |
recommendations and directed staff to look into the possibility of lowering |
the speed limit to 25 miles per hour in the affected area: 4 Ayes |
Subject: 333 17th Street - Revocable And Conditional Permit |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Howden Building Investors LP A |
Revocable And Conditional Permit To Allow An Existing Basement For A Building At |
333 17th Street To Encroach Under The Public Sidewalk Along 17th Street And Webster |
Street |
The February 27, 2007 Public Works Committee approved |
recommendations; 4 Ayes |
Subject: 1300 Broadway - Revocable and Conditional Permit |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Mash Petroleum, Inc., And the |
Mashhoon Revocable Trust A Revocable And Conditional Permit For A Building At |
1300 Broadway To Allow An Existing Basement To Encroach Under The Public |
Sidewalk Along Broadway and 13th Street |
The February 27, 2007 Public Works Committee approved |
recommendations; 4 Ayes |
Subject: 3701 Broadway - Revocable And Conditional Permit |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Kaiser Foundation Hospitals A |
Revocable And Conditional Permit To Allow Soil Shoring For New Buildings At 3701 |
Broadway To Encroach Under The Public Right-Of-Way Along Broadway and 38th |
Street |
The February 27, 2007 Public Works Committee approved |
recommendations; 4 Ayes |
Subject: 534 Thomas L. Berkley Way - Revocable And Conditional Permit |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Buttner Properties, Inc. A Revocable |
And Conditional Permit To Allow Vaults And Electrical Transformers For A Building |
At 534 Thomas L. Berkley Way To Encroach Under The Public Sidewalk Along 21st |
Street |
The February 27, 2007 Public Works Committee approved |
recommendations; 4 Ayes |
Subject: 81st Avenue Public Library Project |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The Acceptance And Appropriation |
Of A Grant From Stopwaste.Org For The 81st Avenue Public Library Project (Project |
No. C274410) In The Amount Of Eighty Thousand Dollars ($80,000.00) |
The February 27, 2007 Public Works Committee approved |
recommendations; 4 Ayes |
Subject: Year-End Projections For Selected City Funds |
From: Finance and Management Agency |
Recommendation: Receive An Informational Report On Fiscal Year 2006-2007 Second |
Quarter Revenue And Expenditure Results And Year-End Projections For City's Selected |
Funds (General Purpose, Telecommunications, Equipment And Facilities) |
The February 27, 2007 Finance and Management Committee received and |
forwarded the report and directed staff to submit a Supplemental Report |
including the following information from the Police Department: 1) |
analysis of overtime expenditures compared to the vacancies, 2) reason |
why salary savings are not covering overtime; and 3) a detailed |
understanding of insufficient funding allocations for trainers, consent |
decree, and contract negotiations. The Committee also directed staff to |
address at the upcoming Budget Retreat the options of paying down more |
debt for a better Internal Service Fund; 4 Ayes |
Subject: Solbourne, Inc. - Professional Services Agreement |
From: Finance and Management Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter |
Into A Professional Services Agreement With Solbourne, Inc., Without A Competitive |
Request For Proposal/Qualifications Process, To Restore The Critical MASS Change |
Function To The City's Payroll System In An Amount Not-To-Exceed Seventy Five |
Thousand Dollars ($75,000.00) |
The February 27, 2007 Finance and Management Committee approved |
recommendations; 4 Ayes |
Subject: Lakeshore/Lake Park Business Improvement District |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Approving The Annual Reports Of The |
Lakeshore/Lake Park Business Improvement Management District, The |
Temescal/Telegraph Avenue Property Business Improvement District Of 2005, And The |
Laurel Property Business Improvement District Of 2005 Advisory Boards And |
Confirming The Continuing Annual Assessment For Each District For Fiscal Year |
2006/2007 |
The February 27, 2007 Community and Ecomomic Development |
Committee approved recommendations; 4 Ayes |
Subject: Urban Search And Rescue - FEMA Grant |
From: Oakland Fire Department |
Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) |
Apply For, Accept And Appropriate A Grant From The Federal Emergency Management |
Agency (FEMA) For The Period June 01, 2007 To September 30, 2008 In The Amount |
Of Seven Hundred Sixty Nine Thousand Five Hundred Dollars ($769,500) To Meet |
Continuing Management, Training And Equipment Needs Of The Fire Department's |
Urban Search And Rescue (USAR) Team, 2) Waive The City's Competitive Bidding |
Requirements And Authorize Procurement Of Equipment From The General Services |
Administration Agency, And 3) Award Equipment Contracts Without Return To Council |
The February 27. 2007 Public Safety Committee approved |
recommendations; 4 Ayes |
Subject: Volunteers Of America Agreement Amendment |
From: Department Of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept |
And Appropriate $1,208,333 In An Intergovernmental Partnership Grant From The |
California Department Of Corrections And Rehabilitation For Reentry Programs |
Coordinated With The Violence Prevention And Public Safety Act Of 2004 And |
Authorizing The City Administrator To Execute An Amendment To The Agreement |
Between The City Of Oakland And Volunteers Of America, Bay Area For An Amount |
Not To Exceed $119,000 To Implement Project Choice For The Period Of February 1, |
2007 To June 30, 2007 With Two Twelve-Month Options To Renew For An Amount |
Not To Exceed $270,000 Per Year |
The February 27. 2007 Public Safety Committee approved |
recommendations; 4 Ayes |
Subject: State And Federal Legislative Agenda |
From: Councilmember Jane Brunner |
Recommendation: Receive An Informational Report On The Final State Legislative |
Agenda For 2007 |
The March 1, 2007 Rules And Legislation Committee approved |
recommendations as amended to exclude items 6, 8, and 10 and include |
Bushrod Park with the Parks And Recreations list; 4 Ayes |
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: Revocation of Ten Taxi Cab Medallions |
From: Office Of The City Administrator |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal Filed By Mr. And Mrs. Baljit Singh On Behalf Of Yellow Cab And |
Denying The Appeal Filed By Enayat Aminy On Behalf Of East Bay Driver Association |
Against The Administrative Hearing Officer's Decision To Revoke Ten Taxi Medallions |
Issued To Yellow Cab Company |
This item was continued from the February 20, 2007 City Council Agenda
14.2
Subject: Oakland City Center Project Amendment |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Ordinance Authorizing The City To Enter Into A Twelfth Amendment To The |
Disposition And Development Agreement With Shorenstein Realty Investors Three, |
L.P., Regarding The City Center Project: (1) Extending The Option To Purchase Block |
T-12 By Eight Months Until December 31, 2007; (2) Revising Provisions Regarding |
When The Planned Unit Development And Grading Permits Are Required; (3) Deleting |
The Option To Develop A Residential Project On Block T-12; (4) Approving The |
Assignment By SRI, Three Of Its Rights And Obligations To Shorenstein Realty |
Investors Eight, LP; (5) Committing The Developer To Contribute Up To $100,000 To |
Fund An Effort To Attract Retail To Downtown Oakland; And (6) Committing The |
Developer To Explore The Feasibility Of Including Retail In Its Block T-12 And T-5/6 |
Commercial Developments And A World Trade Center Showcase Center Project On |
Block T-5/6 |
2) An Agency Resolution Authorizing The Agency To Enter Into A Twelfth Amendment |
To The Disposition And Development Agreement With Shorenstein Realty Investors |
Three, L.P., Regarding The City Center Project: (1) Extending The Option To Purchase |
Block T-12 By Eight Months Until December 31, 2007; (2) Revising Provisions |
Regarding When The Planned Unit Development And Grading Permits Are Required; |
(3) Deleting The Option To Develop A Residential Project On Block T-12; (4) |
Approving The Assignment By SRI, Three Of Its Rights And Obligations To Shorenstein |
Realty Investors Eight, LP; (5) Committing The Developer To Contribute Up To |
$100,000 To Fund An Effort To Attract Retail To Downtown Oakland; And (6) |
Committing The Developer To Explore The Feasibility Of Including Retail In Its Block |
T-12 And T-5/6 Commercial Developments And A World Trade Center Showcase |
Center Project On Block T-5/6 |
The February 27, 2007 Community And Economic Development |
Committee approved recommendations and directed staff to submit a |
Supplemental Report addressing the following issues: 1) Market rate value |
of the property today versus the five percent annual increase since 2000; 2) |
green building certification and goals; 3) meeting local hiring |
requirements; and 4) a commitment from the property owner on local |
contracting for the prime and subcontractors; 4 Ayes |
ACTION ON NON-CONSENT ITEMS:
15
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 |
16
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 rescheduled from the February 20, 2007 City Council |
Agenda |
17
Subject: Oakland Ice Center Contract |
From: Community And Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator |
To Negotiate And Execute A Three-Year Agreement With Rink Management Services |
Corporation For Management And Operation Of The Oakland Ice Center For A Base |
Monthly Fee Not To Exceed $4,900, Plus An Annual Incentive Fee Not To Exceed 20 |
Percent Of Net Revenue Adjusted For Any Deferred Expenses That May Be Earned |
During The Previous Year In Excess Of $7,603, Pursuant To Specific Criteria |
This item was continued from the February 20, 2007 City Council Meeting |
pursuant to Rule 29 of the Council's Rules of Procedure, Resolution No. |
79006 C.M.S. and City Charter Section 200 |
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 |
Councilmember Brooks made a motion which was seconded by |
Councilmember Reid directing staff to negotiate and execute a three-year |
agreement with Rink Management Services for management and operation |
of the Oakland Ice Center |
Councilmember Chang made a substitute motion which was seconded by |
Councilmember Quan to approve the Community and Economic |
Development Committee recommendation with the following amendments: |
1) that a community advisory group be created, 2) all fee increases will be |
brought back to the Council, with promotional offers for Oakland |
residents, and 3) that one of the performance measures for the contract will |
be the percentage of Oakland residents that use the facility |
Pursuant to City Charter Section 200, which provides that "the Mayor |
shall have a vote on the Council if the councilmembers are evenly divided", |
and Rule 29 of the Council's Rules of Procedure, Resolution No. 79006 |
C.M.S. the item automatically was continued to the Council's next |
regularly scheduled meeting solely for the purpose of allowing the Mayor |
to cast a vote on the substitute motion. If the substitute motion fails then |
Council will return to consideration of the main (original-Brooks') motion. |
Rule 29 provides the following regarding the procedure: "Council and |
public discussion is permitted on the item to be voted on by the Mayor; |
however, Council members cannot change their vote unless the item has |
been properly noticed for reconsideration. The Mayor must appear at the |
Council meeting to cast his vote." |
18
Subject: Condominium Conversion Program |
From: Community and Economic Development Agency |
Recommendation: Action On A Report And Recommendations Regarding (1) Individual |
Development Accounts For Homeownership For Low And Moderate Income Residents; |
(2) Development And Implementation Of A City-Wide Community Land Trust; And (3) |
Use Of Housing Rehabilitation And Housing Development Funds For Use In |
Conjunction With A Condominium Conversion Program To Promote Neighborhood |
Revitalization |
The February 27. 2007 Community and Economic Development |
Committee approved the recommendation to forward this item to the Blue |
Ribbon Commission; 4 Ayes |
S-19
Subject: Utility Box Design And Guidelines |
From: Community and Economic Development Agency |
Recommendation: Action On A Report On The Final Site Design And Siting Guidelines |
For Utility Boxes In The Public Right-Of-Way (Title Change) |
The February 27, 2007 Public Works Committee approved |
recommendations and directed staff to submit a Supplemental Report with |
information addressing the following issues: 1) Graffiti removal policy; 2) |
stickers placed on utility boxes with phone number for citizens to call for |
graffiti cleanup; 3) public noticing policy and guidelines; 4) include all |
pages of original staff report to ensure the full breadth of City policy is |
presented to Full Council; 5) landscape screening maintenance policy; and |
6) change report titles to a general title so as not to be specific to one entity. |
The Committee also directed staff to schedule a report on the concentration |
of utility boxes from different companies in a single location; 4 Ayes |
S-20
Subject: 2005-2006 Fiscal Year Comprehensive Annual Financial Report |
From: Finance and Management Agency |
Recommendation: Receive An Informational Report Presenting The Fiscal Year |
2005/2006 Comprehensive Annual Financial Report (CAFR), The Single Audit Report, |
The Oakland Redevelopment Agency (ORA) Financial Statement, The Oakland Base |
Reuse Authority (OBRA) Financial Statement, Measure Y Audit Report, The Oakland |
Wildfire Prevention Assessment District Report, Measure DD Financial Statement, And |
The Management Letter |
The February 27, 2007 Finance and Management Committee received and |
forwarded only a portion of this report and further directed staff to bring |
back to the upcoming Budget Retreat all the options for repayment to the |
Internal Service Fund. The Committee also directed that the reports on |
Wildfire Prevention Assessment District, Measure Y and Measure DD |
return to the March 13, 2007 Finance and Management Committee |
Meeting; 4 Ayes |
S-21
Subject: Workforce Housing Reward Grant |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply |
For, Accept And Appropriate Grant Funds In An Amount Not To Exceed One Million |
Two Hundred Thousand Dollars ($1,200,000.00)From The State Of California |
Department Of Housing And Community Development Workforce Housing Reward |
Grant |
The February 27, 2007 Community and Economic Development |
Committee approved recommendations and further directed Community |
and Economic Development Agency staff to work with the Public Works |
Agency and Parks and Recreation on a short list of recommended projects |
that are ready to proceed in areas where housing is being built and to |
submit these recommendations as a Supplemental Report; 4 Ayes |
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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