Meeting Minutes
City of Oakland
Oakland, California 94612 |
LaTonda Simmons, City Clerk |
Concurrent Meeting of the Oakland Redevelopment |
Agency/City Council |
1 Frank H. Ogawa Plaza, Council Chambers, 3rd Floor |
City of Oakland Website: http://www.oaklandnet.com |
Tuesday, December 19, 2006
6:00 PM
Oakland City Hall, 3rd Floor
1
Pledge of Allegiance
A meeting of the Joint Oakland Redevelopment Agency and City Council was |
held on the above date. Opening with the Pledge of Allegiance, the meeting |
was convened at 6:13 pm. |
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 |
ORA\Councilmember Present: 8 - Councilmember Chang, Councilmember |
Nadel, Councilmember Kernighan, Councilmember Brunner, Councilmember |
Quan, President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
3
Open Forum / Citizens Comments |
(Time Available: 15 minutes) |
The following individuals spoke under open Forum: |
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. |
Agency/Councilmember Nadel made a motion, seconded by |
Agency/Councilmember Brooks, to pull item 10.19cc from the consent calendar, |
pursuant to Council's Rules of Procedure, Resolution 79006 C.M.S. Rule 7(6) |
to have this item heard at the next regularly scheduled 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) |
There was no action necessary for this item.
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. |
There was no action necessary for this item.
7
Approval of the Draft Minutes from the Special and Concurrent Meetings of the Oakland |
Redevelopment Agency/City Council held on November 14, 2006, November 17, 2006, |
November 28, 2006 and December 5, 2006 |
A motion was made by Councilmember Reid, seconded by Councilmember |
Chang, to *Approve as Submitted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
8. PRESENTATION OF CEREMONIAL MATTERS
8.1
Subject: Kathryn Hughes - Recognition |
From: Councilmember Nancy Nadel |
Recommendation: Adopt A Resolution Recognizing Kathryn Hughes For Her |
Seventeen-And-A-Half Years of Service And Dedication To Improving Bicycling, Walking, And |
Air Quality In The City Of Oakland |
A motion was made by Councilmember Nadel, seconded by |
Councilmember Quan, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
8.2
Subject: Patrick Daughton - Recognition |
From: Councilmember Jane Brunner |
Recommendation: A Proclamation Honoring Patrick Daughton For His Many Contributions To |
Improving The Lives Of Young People In Oakland |
Councilmember Brunner presented a Proclamation to Patrick Daughton |
The following individuals spoke on Item 8.2: |
9. COUNCIL ACKNOWLEDGEMENTS / ANNOUNCEMENTS
Agency/Councilmember Brooks took a point of personal privilege and |
requested that the meeting be adjourned in memory of Lucille LaKrith. |
Agency/Councilmember Brunner took a point of personal privilege and |
requested that the meeting be adjourned in memory of Joan Guerrerro. |
Agency/Councilmember Quan took a point of personal privilege and requested |
that the meeting be adjourned in memory of Keith Quan. |
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 |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
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 |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.3-CC
Subject: John M. Revelli - Settlement |
From: Office of the City Attorney |
Recommendation: Adopt A Resolution Authorizing And Directing Agency Counsel To |
Compromise And Settle The Case Of Oakland Redevelopment Agency v. John M. Revelli, In |
The Amount Of $615,000, As A Result Of An Eminent Domain Action Commenced By The |
Redevelopment Agency To Facilitate The Uptown Project Development |
A motion was made that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente and Councilmember Reid |
The following individual spoke on Item 10.3: |
10.4-CC
Subject: Stephen Dunlap - 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 Stephen Dunlap v. City Of Oakland, Et Al., Alameda |
County Superior Court No. WG05238921, Our File No. 24345, In The Amount Of $7,000.00 |
(Public Works Agency-Bicycle Accident) |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.5-CC
Subject: Final Map For Tract 7687 |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Conditionally Approving The Final Map For Tract 7687 For The Zephyr Gate |
Subdivision At 1203-1333 Wood Street And Conditionally Accepting Irrevocable Offers Of |
Dedication For Public Right-Of-Way And Public Access And Utility Easements; And |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
2) A Resolution Conditionally Approving A Subdivision Improvement Agreement With Pulte |
Home Corporation For The Final Map For Tract 7687 For the Zephyr Gate Subdivision For |
Construction Of Public Infrastructure Improvements at 1203-1333 Wood Street |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.6-CC
Subject: Priority Project Funds - District Seven |
From: Councilmember Larry Reid |
Recommendation: Adopt A Resolution Authorizing Immediate Allocation Of $10,000 From |
Councilmember Larry E. Reid's Priority Project Funds To Project Outreach |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.7
Subject: Project Priority Funds - Mayor |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Authorizing Immediate Allocation In The Amount Of |
$125,000 From Priority Project Funds Of Oakland Mayor Jerry Brown For Infrastructure |
Improvements At Oakland's Longfellow Elementary School |
A motion was made that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brunner |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Reid |
The following individual spoke on Item 10.7: |
10.8-CC
Subject: Parking Meter Provisions |
From: Finance and Management Agency |
Recommendation: Approve The Final Passage(Second Reading) Of An Ordinance Amending |
Oakland Municipal Code, Title 10, Chapter 10.36, Article 10.36.030 Parking Meter Zones, To |
Delete Obsolete Parking Meter Fee Provisions |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.9-CC
Subject: Design Review Procedures |
From: Community and Economic Development Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance To Adopt: 1) |
Amendments To The Zoning Regulations To Revise Design Review Procedures And Thresholds |
Citywide And Make Other Minor Zoning Code Revisions; And 2) Amendments To The Zoning |
Maps To Eliminate The S-14, S-18, And S-19 Combining Zone Overlays |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual spoke on Item 10.9: |
10.10-CC
Subject: Central City East And The Oak Knoll Redevelopment Plans Merger |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The Third |
Amendment To The Central City East Redevelopment Plan To (1) Merge The Central City East |
Redevelopment Project Area With The Oak Knoll Redevelopment Project Area For Fiscal |
Purposes, And (2) Merge The Affordable Housing Production Requirements For The Two |
Project Areas Subject To Limitations And Conditions; And |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
2) Approve The Final Passage (Second Reading) Of An Ordinance Adopting The Second |
Amendment To The Oak Knoll Redevelopment Plan To (1) Merge The Oak Knoll |
Redevelopment Project Area With The Central City East Redevelopment Project Area For Fiscal |
Purposes, (2) Merge The Affordable Housing Production Requirements For The Two Project |
Areas Subject To Limitations And Conditions, (3) Raise The Limits On Receipt Of Tax |
Increment Revenues And Bonded Indebtedness, (4) Replace The Land Use Map With The |
Current General Plan Land Use Map, (5) Expand The List Of Authorized Public Improvements, |
And (6) Make Other Text Changes |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual spoke on Item 10.10: |
10.11-CC
Subject: Declaration Of The November 7, 2006 Election Results |
From: Office of the City Clerk |
Recommendation: Adopt A Resolution Declaring The Results Of The City Of Oakland General |
Municipal Election Held On Tuesday, November 7, 2006 |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
10.12-CC
Subject: Parking Meter Zones |
From: Public Works Agency |
Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance Amending |
Oakland Municipal Code Title 10, Chapter 10.36, Section 10.36.140 To Clarify And |
Comprehensively Set Forth Parking Meter Zones Throughout The City Of Oakland |
This Matter was Approved for Final Passage on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: Standard Specifications For Public Works Construction |
From: Public Works Agency |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adopting The |
"Standard Specifications For Public Works Construction, 2006 Edition" And Repealing |
Ordinance No. 12614 C.M.S. And All Resolutions Related Thereto |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: Zephyr Gate Subdivision |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Granting Pulte Homes Corporation A Revocable And |
Conditional Permit To Allow Electrical Transformers And Vaults For The Zephyr Gate |
Subdivision At 1203 - 1333 Wood Street To Encroach Under The Public Sidewalk Along Wood |
Street, 12th Street, And 14th Street |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: Harrison Street/Oakland Avenue Corridor Transportation Plan |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Of Oakland To Apply For, Accept, |
And Appropriate Up To One Hundred Eighty-Seven Thousand And Fifty Dollars ($187,050.00) |
In Fiscal Year 2007-2008 California Department Of Transportation Community-Based |
Transportation Planning Grant Funds For The Harrison /Oakland Corridor Community |
Transportation Plan |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual spoke on Item S-10.15: |
Subject: Miller & Van Eaton - Professional Services Agreement |
From: Office of the City Administrator |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute A |
Professional Services Agreement Between The City Of Oakland And Miller & Van Eaton In An |
Amount Not To Exceed $80,000 To Represent The City Of Oakland In Cable Television |
Franchise Renewal Negotiations With Comcast And For Providing Advice To City Council And |
City Staff Regarding Franchise Renewal Negotiations For The Period January 1, 2006 Through |
June 30, 2007 With One Option Of One Year To Renew |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual spoke on Item S-10.16: |
Subject: Acquisition Of Properties Located At 1911 Telegraph Avenue |
From: Community and Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing A Change In The Source Of |
Agency Funds For The Acquisition Of Properties Formerly Located At 1911 Telegraph Avenue, |
2000-2016 Telegraph Avenue, 490 Thomas L. Berkeley Way, 565 Thomas L. Berkeley Way, |
571 Thomas L. Berkeley Way, 1920 San Pablo Avenue, 1954 San Pablo Avenue, 1972 San |
Pablo Avenue And 610 William Street; And Authorizing A Change In The Source Of Agency |
Funds To Provide Gap Financing And Pay For Hazardous Materials Remediation Pursuant To A |
Lease Disposition And Development Agreement Between The Oakland Redevelopment Agency, |
The City Of Oakland And Uptown Housing Partners, LLC |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual spoke on Item S-10.17: |
Subject: Quality Auto Service - Contract |
From: Finance and Management Agency |
Recommendation: Adopt A Resolution Awarding A Contract To Quality Auto Service, A |
Corporation, For Auto Body Repair And Painting, In An Amount Not To Exceed Three Hundred |
Thousand Dollars ($300,000.00) Per Year For The Three Year Period Of November 1, 2006 To |
October 31, 2009, To The City Of Oakland In Accordance With Specification No. 06-928-01 |
This Matter was Adopted as Amended with the following amendment "to |
approve the extension of the Contract for one year and directing staff to |
schedule the issue of recurrent contract extensions regarding this matter |
through the Rules committee" on the Consent Agenda. |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual spoke on Item S-10.18: |
S-10.19
Subject: Oakland Base Reuse Authority Projects |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) An Agency Resolution Authorizing The Agency Administrator To: (1) Accept And |
Appropriate $29,303,864 In Funds From The Oakland Base Reuse Authority (OBRA) Budget; |
And |
This Matter was Withdrawn and Rescheduled to the Concurrent Meeting |
of the Oakland Redevelopment Agency / City Council, to be heard at the |
January 16, 2007 meeting as a Non-Consent item. on the Consent Agenda. |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
2) A Resolution Authorizing The City Administrator To Accept Funds From The Redevelopment |
Agency For Reimbursement Of Expenses Related To The Implementation Of OBRA Projects |
This Matter was Withdrawn and Rescheduled to the Concurrent Meeting |
of the Oakland Redevelopment Agency / City Council, to be heard at the |
January 16, 2007 meeting as a Non-Consent item. on the Consent Agenda. |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: Brownfield Cleanup Revolving Loan Fund |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) A Resolution Authorizing A $120,000 Subgrant To East Bay Habitat For Humanity From |
City's Brownfield Cleanup Revolving Loan Fund For Environmental Cleanup Of A Site On Edes |
Avenue For Development Of 26 Single Family Affordable Homes |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
2) A Resolution Authorizing The City Administrator To Negotiate And Execute A Loan |
Agreement With Brush Street Partners For $150,000 From The City's Brownfield Cleanup |
Revolving Loan Fund For Environmental Cleanup At 7th And Brush Streets |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
3) A Resolution Authorizing Acceptance And Appropriating A Grant Of $385,000 From The |
United States Environmental Protection Agency For The City's Brownfield Cleanup Revolving |
Loan Fund ("BCRLF"); Appropriating Any Future Grants From EPA For The BCRLF; And |
Authorizing The City Administrator Or Designee To Award BCRLF Loans And Grants For |
Amounts Up To $200,000 To Eligible Entities Without Returning To The City Council |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: Sustainable Community Initiative |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Of The City Council Of The City Of Oakland Joining The |
Mayor In Adopting The Urban Environmental Accords |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: Oakland Even Start Program |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf Of The |
City Of Oakland, To Accept The Even Start Family Literacy Grant For Program Year 2006-2007 |
From The State Of California Department Of Education In The Amount Of $172,500 For The |
City Of Oakland Even Start Program |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
Subject: Food Policy Council |
From: Office of the Mayor |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Allocate $50,000 |
From The Williams Energy Settlement Within The City Facilities Energy Conservation Fund |
(4450) To Provide Startup Funding For The Establishment Of A Food Policy Council For |
Oakland |
This Matter was Adopted on the Consent Agenda.
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual spoke on Item S-10.23: |
Passed The Consent Agenda
A motion was made by Councilmember Chang, seconded by |
Councilmember Reid, including all the preceding items marked as having |
been adopted on the Consent Agenda. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
11
An oral report from the Agency Counsel / City Attorney of final decisions made during |
Closed Session |
A motion was made by Councilmember Quan, seconded by |
Councilmember Chang, to *Approve as Submitted. The motion carried by |
the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
12
A disclosure of non-confidential Closed Session Discussion pursuant to Section 15 of the |
Sunshine Ordinance |
Agency/Councilmember Reid made a motion seconded by |
Agency/Councilmember Quan confirming that there were no discussions |
pursuant to Section 15 of the Sunshine Ordinance, and hearing no objections, |
the motion passed by Ayes: Agency/Councilmember: Brooks, Brunner, Chang, |
Nadel, Reid, Quan, Kernighan and President of the Council De La Fuente -8 |
COMMENCING AT 7:00 P.M. OR AS SOON AS REASONABLY PRACTICAL |
THEREAFTER: |
13
Reconsideration of Ordinances pursuant to Charter Section 216
There was no action necessary for this item.
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 |
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 |
14.2
Subject: Mixed-Use Development Appeal - 4700 Telegraph Avenue |
From: Community and Economic Development Agency |
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution |
Denying The Appeal And Sustaining The Decision Of The Planning Commission Approving |
Construction Of A New Mixed-Use Development Consisting Of 51 Residential Units And 5,000 |
Square Feet Of Commercial Space Located at 4700 Telegraph Avenue (Case File Number(s) |
A06-379; CMDV06-188; & TPM9164 |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Chang, that this matter be Adopted as Amended. The |
motion carried by the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente and Councilmember Reid |
Upon the reading of Item 14.2 by the City Clerk, the Public Hearing was |
opened at 7:20 pm |
The following individuals spoke on Item 14.2 |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Chang, to close the Public Hearing, and hearing no |
objections, the motion passed by Ayes: Agency/Councilmember: Brooks, |
Brunner, Chang, Kernighan, Nadel, Reid, Quan, and President of the Council |
De La Fuente -8 |
Agency/Councilmember Brunner made a motion, seconded by |
Agency/Councilmember Change, to adopt the resolution as amended in |
attachment 1A (hereto) on Item 14.2, and hearing no objections, the motion |
passed by Ayes: Agency/Councilmember: Brunner, Chang, Kernighan, Nadel, |
Reid, Quan, and President of the Council De La Fuente -7, Abstain: Brooks -1 |
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 |
A motion was made by Councilmember Reid, seconded by Councilmember |
Quan, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
16
Subject: Park Capital Improvement Projects |
From: Public Works Agency |
Recommendation: Adopt A Resolution Adopting A Park Project Prioritization List For City Of |
Oakland Park Capital Improvement Projects |
*Rescheduled to *Life Enrichment Committee
Council President De La Fuente was noted absent at 8:58pm and |
Councilmember Reid presided as President Pro Tempore. |
The following individuals spoke on Item 16: |
17
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 |
Withdrawn and Rescheduled to *Community & Economic Development |
Committee on 1/9/2007 |
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 |
Withdrawn and Rescheduled to *Community & Economic Development |
Committee on 1/9/2007 |
The following individuals spoke on Item 17: |
18
Subject: Rent Adjustment Program Amendment |
From: Community and Economic Development Agency |
Recommendation: Adopt The Following Pieces Of Legislation: |
1) Approve The Introduction (First Reading) Of An Ordinance Amending O.M.C. Chapter 8.22, |
Rent Adjustment Program, To Provide A Set Date For Implementing The Consumer Price Index |
(CPI) Based Rent Adjustment And New Procedures For Rental Property Owners To Obtain A |
Certificate Of Exemption; And, |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Chang, that this matter be Approved on Introduction for |
Final Passage to the Concurrent Meeting of the Oakland Redevelopment |
Agency / City Council, due back on January 16, 2007. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
2) A Resolution Approving Amendments To The Rent Adjustment Regulations To Clarify How |
Rental Property Owners May Take Banked Rent Increases And To Implement The Certificate Of |
Exemption Process |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individuals spoke on Item 18: |
19
Subject: African American Cultural Center |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Amending Resolution No. 74402 C.M.S. And Resolution |
No. 77943 C.M.S. To Change The Location Of The African American Cultural Center From |
5714 Martin Luther King Jr. Way To 815 51st Street, And To Change The Term Of The Lease |
Agreement With Children's Hospital Of Oakland From A Ten Year Lease To A Not To Exceed |
Eighteen Month Lease, With An Option To Purchase The Property For One Dollar; And |
Authorizing the City Administrator To Exercise The Option To Purchase |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Brooks, that this matter be Adopted as Amended to have |
the 18 months commence "once improvements are completed". The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
20
Subject: 2005-2006 Final Evaluation Report-Oakland Fund For Children And Youth |
From: Department Of Human Services |
Recommendation: Adopt A Resolution Adopting The Oakland Fund For Children And Youth |
Final Evaluation Report For Fiscal Year 2005 - 2006 |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Adopted with direction to staff |
to schedule a report to look at options for the replacement of a failed group |
to maintain services The motion carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual spoke on Item 20: |
21
Subject: Latham Square And Telegraph Avenue Streetscape |
From: Community and Economic Development Agency |
Recommendation: Adopt A Resolution Authorizing The Design Of The Latham Square And |
Telegraph Avenue Streetscape Improvement Project (Estimated Construction Cost Of |
$8,600,000), On Telegraph Avenue Between Broadway And 20th Street, Including Reducing |
The Travel Lanes Between 16th And 20th Street |
*Rescheduled to *Public Works Committee on 1/9/2007
The following individuals spoke on Item 21: |
22
From: Councilmember Jane Brunner |
Recommendation: Action On A Report And Recommendations Regarding The Design Of Utility |
Boxes Installed In The Public Right Of Way In The City Of Oakland, Including The |
Consideration Of Undergrounding And Designs Appropriate To Residential Neighborhoods |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brunner, that this matter be Approved. The motion |
carried by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke on this item: |
23
Subject: Moratorium On Utility Or Equipment Boxes |
From: Councilmember Jane Brunner |
Recommendation: Adopt An Urgency Ordinance, Pursuant To Government Code Section 65858, |
Establishing A Temporary Moratorium On The Construction, Modification, Placement Or |
Approval Of Applications For Above-Ground Utility Or Equipment Cabinets Within The Public |
Right Of Way |
No Action Taken
The following individual(s) spoke on this item: |
24
Subject: Legislative Priorities |
Recommendation: Action On A Report And Recommendations From Townsend Public Affairs, |
State Lobbyist For The City Of Oakland, To Adopt The City's State Legislative Priorities For |
2007 |
25
Subject: EastSide Arts And Housing LLC Agreement |
From: Community and Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing An Owner Participation Agreement |
With EastSide Arts And Housing LLC To Provide A Residual Receipts Loan In An Amount Not |
To Exceed $249,000 For Permanent Financing Of The EastSide Arts And Housing Project, A |
Mixed-Use Development At 2277-2289 International Boulevard |
A motion was made by Councilmember Reid, seconded by Councilmember |
Nadel, that this matter be Adopted. The motion carried by the following |
vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke on this item: |
26
Subject: Lobbyist Registration Act Amendment |
From: Public Ethics Commission |
Recommendation: Approve The Introduction (First Reading) Of An Ordinance Amending |
Chapter 3.20 Of The Oakland Municipal Code (AKA "The Lobbyist Registration Act") To |
Provide 1) A Restriction On Elected Officials From Acting As Professional Lobbyists For One |
Year After Leaving Office; 2) A Limitation On The Amount Of Gifts Lobbyists Can Give To |
City Officials, Staff And Their Immediate Families; 3) Quarterly Disclosure Of A Lobbyist's |
Campaign Fundraising Activities; 4) Quarterly Disclosure Of Any Employment Relationship |
Among Lobbyists, City Officials And Staff; 5) Disclosure Of The Names And Titles Of The |
Persons Whom A Lobbyist Attempts To Influence; And 6) Misdemeanor Prosecution For |
Knowing And Willful Violations Of The Act And A One-Year Practice Ban Upon Conviction |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Reid, that this matter be Approve as Amended on |
Introduction for Final Passage to the Concurrent Meeting of the Oakland |
Redevelopment Agency / City Council, due back on January 16, 2007 with |
removal of section 2.20.110(D) and referral of this section to the Public |
Ethics Commission to re-work the language to exempt non-profits from |
being required to forward their membership mail lists, The motion carried |
by the following vote: |
ORA\Councilmember Ayes: 8 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente, Councilmember Brooks and |
Councilmember Reid |
The following individual(s) spoke on this item: |
27
Subject: Restructure Of The City Council's Office |
From: Vice Mayor Jean Quan and Council President Ignacio De La Fuente |
Recommendation: Adopt A Resolution To Restructure The City Council's Office Of The |
Legislative Analyst, Which Currently Has Two Legislative Analysts, To Include An Additional |
Four (4) Analysts To Provide One Professional Analyst To Each Of The City Council's Six |
Standing Committees, For A Total Additional Cost Of $485,000 For The Annual Salaries And |
Benefits Of The Four Additional Analysts |
A motion was made by Councilmember Quan, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Noes: 3 - Councilmember Kernighan, Councilmember |
Nadel and Councilmember Brooks |
ORA\Councilmember Ayes: 5 - Councilmember Chang, Councilmember |
Brunner, Councilmember Quan, President of the Council De La Fuente and |
Councilmember Reid |
The following individual(s) spoke on this item: |
28
Subject: Oakland-Alameda County Coliseum Authority Board Appointment |
From: Council President Ignacio De la Fuente |
Recommendation: Adopt A Resolution Re-Appointing Laurence E. Reid And Ignacio De La |
Fuente As Members Of The Oakland-Alameda County Coliseum Authority Board Of |
Commissioners For New Two Year Terms Beginning January 1, 2007 And Ending December |
31, 2008 |
A motion was made by Councilmember Quan, seconded by President of the |
Council De La Fuente, that this matter be Adopted. The motion carried by |
the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente and Councilmember Reid |
The following individual(s) spoke on this item: |
29
Subject: City Planning Commission - Appointment |
Recommendation: Adopt A Resolution Appointing Paul Garrison As A Member Of The City |
Planning Commission |
A motion was made by President of the Council De La Fuente, seconded by |
Councilmember Brunner, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Abstained: 1 - Councilmember Nadel |
ORA\Councilmember Noes: 2 - Councilmember Brooks and Councilmember |
Reid |
ORA\Councilmember Ayes: 5 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Brunner, Councilmember Quan and President of the |
Council De La Fuente |
The following individual(s) spoke on this item: |
30
Subject: Board Of Port Commissioners - Appointment |
Recommendation: Adopt A Resolution Appointing Mark McClure As A Member Of The Board |
Of Port Commissioners |
A motion was made by President of the Council De La Fuente, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Abstained: 2 - Councilmember Nadel and Councilmember |
Reid |
ORA\Councilmember Noes: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 5 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Brunner, Councilmember Quan and President of the |
Council De La Fuente |
The following individual(s) spoke on this item: |
S-31
Subject: Rajappan & Meyer - Contract Amendment |
From: Public Works Agency |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Amend The |
Contract With Rajappan & Meyer Consulting Engineers Inc. To Add Additional Design And |
Engineering Services For The 12th Street Reconstruction Project And To Increase The Contract |
From Four Million Seven Hundred Thousand Dollars ($4,700,000.00) To A Total Contact |
Amount Not-To-Exceed Five Million Five Hundred Thousand Dollars ($5,500,000.00), And |
Waive The RFP Requirement For The New Work |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Nadel, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Noes: 1 - Councilmember Brooks |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Nadel, Councilmember Brunner, Councilmember Quan, |
President of the Council De La Fuente and Councilmember Reid |
Agency/Councilmember Brunner made a motion seconded by |
Agency/Councilmember Nadel to approve an urgency finding pursuant to |
Section 2.20.080 E(2) regarding Item S-31 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 is required to avoid a |
substantial adverse impact that would occur if the action were deferred to a |
subsequent special or regular meeting. |
S-32
Subject: International Contact Incorporated - Professional Services Contract |
From: Office of the City Administrator |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into A |
Professional Services Contract With International Contact, Inc. For The Provision Of Translation |
And Interpretation Services To The City Of Oakland For An Initial Two (2) Year Term In The |
Amount Not To Exceed Two Hundred Seventeen-Thousand Two Hundred And Fifty Dollars |
($217,250.00) Per Year With An Option To Extend The Original Contract For Up To A |
Maximum Of Two (2), One (1) Year Terms Without Return To Council |
A motion was made by Councilmember Quan, seconded by |
Councilmember Brunner, that this matter be Adopted as Amended to |
delete the last further resolved providing an option to extend the contract |
for up to two, one year terms without return to council, The motion |
carried by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Brunner, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Reid |
Councilmember Nadel was noted absent at 1:26 am
S-33
Subject: Oakland Community Action Partnership |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into |
Agreements For A Second Year With Oakland's Community Action Partnership's Anti-Poverty |
Service Providers For Calendar Year 2007 In Accordance With Resolution No. 79739 C.M.S. |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Chang, that this matter be Adopted with direction to look |
for alternative means to cover this process and possibly merging with the |
CDBG program to cover administrative costs, The motion carried by the |
following vote: |
ORA\Councilmember Absent: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Brunner, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Reid |
The following individual(s) spoke on this item: |
S-34
Subject: MacArthur Transit Village |
From: Community and Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing The Agency Administrator To |
Execute A Non-Binding Letter Of Intent With MacArthur Transit Community Partners, LLC, |
Towards An Owner Participation Agreement For The MacArthur Transit Village Project At The |
MacArthur BART Station, And Authorizing A Predevelopment Grant For This Project For An |
Amount Not To Exceed $1.5 Million |
A motion was made by Councilmember Brunner, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Brunner, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Reid |
The following individual(s) spoke on this item: |
S-35
Subject: Oakland School For The Arts |
From: Community and Economic Development Agency |
Recommendation: Adopt An Agency Resolution Authorizing A Grant Not To Exceed $1,700,000 |
To The Oakland School For The Arts (OSA) To Pay For The Interim Relocation Of A Portion Of |
The OSA Campus To The San Pablo Avenue Right-Of-Way To Allow For The Construction Of |
The Fox Courts Affordable Housing Project |
A motion was made by President of the Council De La Fuente, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Brunner, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Reid |
The following individual(s) spoke on this item: |
S-36
Subject: Gang Prevention And Intervention Services |
From: Department of Human Services |
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute |
Agreements Between The City Of Oakland And Project Re-Connect For An Amount Not To |
Exceed $85,000 And The Oakland Unified School District Office Of Alternative Education For |
An Amount Not To Exceed $255,000 To Provide Gang Prevention And Intervention Services In |
Accordance With The Violence Prevention And Public Safety Act Of 2004 For The Period Of |
January 1, 2007 To December 31, 2007 With A One Year Option To Renew |
A motion was made by Councilmember Quan, seconded by |
Councilmember Chang, that this matter be Adopted. The motion carried |
by the following vote: |
ORA\Councilmember Absent: 1 - Councilmember Nadel |
ORA\Councilmember Ayes: 7 - Councilmember Kernighan, Councilmember |
Chang, Councilmember Brunner, Councilmember Quan, President of the Council |
De La Fuente, Councilmember Brooks and Councilmember Reid |
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) |
There being no further business, and upon the motion duly made, the |
Agency/Council adjourned the meeting in memory of Lucille La Crief, Joe |
Guerro, and Keith Quan at 2:03 a.m. |
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