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Agenda

Rules & Legislation Committee
February 3, 2022

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Agenda
Meeting
February 3, 2022
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Rules & Legislation Committee
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13
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Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

Thursday, February 3, 2022
10:30 AM
City of Oakland
Office of the City Clerk
Oakland City Hall,
1 Frank H. Ogawa Plaza, Room 201
Oakland, California 94612
Virtual Tele- Conference Via Zoom
*Rules & Legislation Committee
Meeting Agenda - SUPPLEMENTAL
Please See The Agenda To Participate In The Meeting

February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Pursuant to California Government Code Section 54953(e ), the City Council has found that an imminent risk to the health of attendees due to the COVID-19 pandemic continues to exist. Therefore, all City Councilmembers will particulate in the meeting via phone/video conference without notice of their teleconference locations

PUBLIC PARTICIPATION
The public may observe and/or participate in this meeting many ways.

OBSERVE:
• To observe, the public may view the televised video conference by viewing KTOP channel 10 on Xfinity (Comcast) or ATT Channel 99 and locating City of Oakland KTOP - Channel 10 • To observe the meeting online from the City’s Agenda Meeting Calendar, at the noticed meeting time, please click on https://oakland.legistar.com/calendar.aspx and click on the “In Progress” link under “Video” for the corresponding meeting.
• To observe the meeting by video conference, please click on this link:
https://us02web.zoom.us/j/87529531780 at the noticed meeting time. • To listen to the meeting by phone, please call the numbers below at the noticed meeting time: Dial (for higher quality, dial a number based on your current location):US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 929 436 2866 or +1 301 715 8592 or +1 312 626 6799 or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) Meeting ID: 875 2953 1780
If asked for a participant ID or code, press #.

COMMENT:

ALL PUBLIC COMMENT ON ACTION ITEMS WILL BE TAKEN AT THE BEGINNING OF THE MEETING UNDER ITEM 1. COMMENT FOR ITEMS NOT ON THE AGENDA WILL BE TAKEN

UNDER OPEN FORUM AT THE END OF THE MEETING
There are three ways to submit public comments.
• eComment. To send your comment directly to Council members and staff BEFORE the meeting starts please click on https://oakland.legistar.com/calendar.aspx and click on the “eComment” link for the corresponding meeting. Please note that eComment submission closes five (5) minutes before posted meeting time.
• To comment by Zoom video conference, click the “Raise Your Hand” button to request to speak when Public Comment is being taken on a eligible agenda item at the beginning of the meeting. You will be permitted to speak during your turn,allowed to comment, and after the allotted time, re-muted. Instructions on how to “Raise Your Hand” is available at:
https://support.zoom.us/hc/en-us/articles/205566129 - Raise-Hand-In-Webinar. • To comment by phone, please call on one of the above listed phone numbers. You will be prompted to “Raise Your Hand” by pressing “*9” to speak when Public Comment is taken. You will be permitted to speak during your turn, allowed to comment, and after the allotted time, re-muted.

Please unmute your self by pressing *6.

If you have any questions, please email the Agenda Management Unit at [email protected] - Office of the City Clerk

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
COMMITTEE MEMBERSHIP:
*Council President Nikki Fortunato Bas, District 2; Councilmember Carroll Fife, District 3; Councilmember Dan Kalb, District 1; Chairperson: President Pro Tempore Sheng Thao, District 4
Roll Call / Call To Order
1 PUBLIC COMMENT:

COMMENT ON ALL ACTION ITEMS WILL BE TAKEN AT THIS TIME. COMMENTS FOR

ITEMS NOT ON THE AGENDA WILL BE TAKEN DURING OPEN FORUM Approval Of The Draft Minutes From The Committee Meeting Of January 13, 2022 And January 20, 2022
2 22-0028
View Report - January 13, 2022 Minutes
View Report - January 20, 2022 Minutes
Attachments:
3 New Scheduling Items
Subject: Publics Right To Access Public Information
From: Member Of The Public: Gene Hazzard
Recommendation: Receive An Informational Report To Clarifying The Publics Right To Access Public Information Pursuant Government Code 6250, 6252(E) 6253(A) "A Person Has A Right To Inspect Any Public Record Any Searchable Portion Of A Record Shall Be Available For Inspection By Any Person Requesting The Record After The Deletion Of The Portion That Are Exempt By Law; As Soon As Possible On A City Council Agenda

3.1 22-0065
Subject: FY2021-23 CIP Amendment To Combine Two OPD Projects From: Oakland Public Works Department
Recommendation: Adopt A Resolution Amending Resolution No. 88717 C.M.S., Which Adopted The City Of Oakland Capital Improvement Program For Fiscal Years 2021-23, To Combine Two Projects For The Oakland Police Department With An Updated Project Description; On The February 7, 2022 Special Finance & Management Committee Agenda

3.2 22-0059

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Subject: Consolidation Of The City Of Oakland Municipal Nominating Election From: Office Of The City Clerk
Recommendation: Adopt An Ordinance: 1) Calling And Giving Notice For The Holding Of The Municipal Nominating Election On June 7, 2022 For The Purpose Of Submitting To The Electors Of The City Of Oakland A Proposed Ballot Measure; 2) Requesting Consolidation Of The City Of Oakland Municipal Nominating Election With The Statewide Election To Be Held In The City Of Oakland On June 7, 2022; And 3) Authorizing And Directing The City Clerk To Take All Actions Necessary For The Municipal Election In Accordance With Applicable Legal Requirements; On The February 15, 2022 City Council Agenda On Non Consent

3.3 22-0066
Subject: Beach Street RV Safe Parking Program Professional Services Agreement From: Human Services Department
Recommendation: Adopt A Resolution Awarding A Professional Services Agreement To Operation Dignity In An Amount Not To Exceed Two Hundred Thousand Dollars ($200,000) For Operation Of The Beach Street Safe Rv Parking Site For A Grant Term Of July 1, 2021 Through June 30, 2022; On The February 15, 2022 City Council Agenda On Consent

3.4 22-0053
Subject: Funds For Transitional Housing And Emergency Shelter Improvements From: Human Services Department
Recommendation: Adopt A Resolution:

1. Awarding A Grant To Bay Area Community Services, Inc. In An Amount Not To Exceed Two Hundred Thousand Dollars ($200,000) For Improvements To The Henry Robinson Multi-Services Center; And

2. Awarding A Grant To Covenant House California In An Amount Not To Exceed Four Hundred Thirty-Three Thousand, Five Hundred Dollars ($433,500) For An Expansion Project At Their Emergency Shelter; On The February 15, 2022 City Council Agenda On Consent

3.5 22-0054

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Subject: Clean California Funds For The International Boulevard Safety Project From: Transportation Department
Recommendation: [OLD TITLE]
Adopt A Resolution Authorizing The City Administrator To Accept And Appropriate Clean California Funds Totaling Nine Million Nine Hundred Twenty-One Thousand Five Hundred Eighty-Seven Dollars ($9,921,587) To Implement The International Boulevard Pedestrian Lighting And Sidewalk Improvement Project; And Adopt Appropriate California Environmental Quality Act (CEQA) Findings
[NEW TITLE]
Adopt A Resolution Authorizing The City Administrator To Authorizing The City Administrator To 1) Accept And Appropriate Clean California Funds Totaling Nine Million Nine Hundred Twenty-One Thousand Five Hundred Eighty-Seven Dollars ($9,921,587) For The International Boulevard Pedestrian Lighting and Sidewalk Improvement Project; 2) Waiving The Request For Proposal/Qualifications Requirements And The City’s Local And Small Local Business Enterprise Participation Requirement (L/SLBE) to Award A Professional Service Agreement To Fehr and Peers In An Amount Not To Exceed Four Hundred Thousand Dollars ($400,000); And 3) Adopt Appropriate California Environmental Quality Act (CEQA) Findings; On The February 15, 2022 City Council Agenda On Consent

3.6 22-0034
Legislative History
1/20/22 *Rules & Legislation
Committee
Withdrawn with No New Date
Staff made a request that this item not be scheduled today. Staff will bring this item back for scheduling.

Subject: 12th Street Remainder Sixth DDA Amendment
From: Economic And Workforce Development Department
Recommendation: Adopt An Ordinance Authorizing A Sixth Amendment To The Disposition And Development Agreement Between The City Of Oakland And Lakehouse Commons, LLC, And Lakehouse Commons Affordable Housing, LP, To (1) Extend The Outside Date (Retroactively, If Necessary) And Related Performance Deadlines, In Exchange For Monthly Payments Of An Additional Deposit Of $15,000 And An Extension Fee Of $15,000, (2) Require Reappraisal Of The Property And Update Of The Purchase Price, And (3) Adopt California Environmental Quality Act Findings; On The February 15, 2022 City Council Agenda On Non-Consent

3.7 22-0060

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Subject: Resolution Honoring Regina Jackson
From: Councilmember Reid
Recommendation: Adopt A Resolution Honoring Regina Jackson On Her Retirement From The East Oakland Youth Development Center (EOYDC) With An Exceptional 27 Year Legacy Of Leadership And Recognizing Her Tireless Commitment To Youth And Families In And Beyond East Oakland; On The February 15, 2022 City Council Agenda On Consent

3.8 22-0056
Subject: Resolution Honoring Bishop Ernestine Cleveland- Reems From: Councilmember Reid
Recommendation: Adopt A Resolution In Memory Of Bishop Ernestine Cleveland- Reems, Beloved Community Leader And Founder Of Center Of Hope Community Church And Honoring Her Life And Legacy; On The February 15, 2022 City Council Agenda On Consent

3.9 22-0061
Subject: Calling On State To Prevent School Closures And Support SB 830 (Portantino) From: Vice Mayor Kaplan, Council President Bas, Councilmember Fife, And Pro Tem Thao
Recommendation: Adopt A Resolution Calling On The California Governor And Legislature To Protect Our Schools And Our Health And Community By: (1) Amending The State Budget To Protect Our Hardest Hit Communities By Preventing School Closures And Eliminating Debt; (2) To Support Senate Bill 830 (Portantino) Which Would Revise Funding Formula For K-12 Schools To Be Based On Student Enrollment, Rather Than Average Daily Attendance, To Prevent Cuts To School Budget When Children Are Sick, And (3) To Direct The City Administrator To Share A Copy Of This Resolution With The Governor, Oakland's State Representatives And Oakland's Lobbyist; On The February 15, 2022 City Council Agenda On Consent

3.10 22-0062
Subject: Support For AB 616 The Agricultural Labor Relations Voting Choice Act From: Council President Fortunato Bas And Councilmember Gallo Recommendation: Adopt A Resolution In Support Of California Assembly Bill 616 (Stone) That Would Amend The Agricultural Labor Relations Act To Facilitate The Ability Of Farmworkers To Vote For Or Against Unionization; On The February 15, 2022 City Council Agenda On Consent

3.11 22-0076

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Subject: Supporting AB 1666 (Bauer-Kahan) Protecting A Woman’s Right To Choose To Have An Abortion
From: President Pro Tempore Thao
Recommendation: Adopt A Resolution In Support Of California State Assembly Bill 1666 (Bauer-Kahan), Which Would Declare Any Other State’s Law Authorizing Civil Action Against Reproductive Choice As Contrary To The Public Policy Of California And Prohibit Its Application Or Enforcement In State Court; On The February 15, 2022 City Council Agenda On Consent

3.12 22-0074
Subject: Supporting SB 878 (Skinner) Providing Public School Students With Transportation
From: President Pro Tempore Thao
Recommendation: Adopt A Resolution In Support Of California State Senate Bill 878 (Skinner), Which Would Establish A State-Funded Program To Ensure That Every TK-12 Public School Student In California Is Provided Free Transportation To And From School Everyday; On The February 15, 2022 City Council Agenda On Consent

3.13 22-0069
Subject: Oakland Waterfront Ballpark District Project EIR And Jurisdictional Ordinance From: Planning & Building Department
Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution: (A) Certifying The Environmental Impact Report For The Oakland Waterfront Ballpark District Project (ER18-016) As Recommended By The Planning Commission; (B) Adopting California Environmental Quality Act (CEQA) Findings On Impacts And Mitigation Measures For The Proposed Project With Grade Separation Alternative (Alternative 3), And Rejection Of Other Alternatives And Certain Mitigation Measures As Infeasible; (C) Adopting A Statement Of Overriding Considerations; And (D) Adopting A Mitigation Monitoring And Reporting Program; And

3.14 22-0067
2) An Ordinance: (A) Approving, Pursuant To Article VII Of The Oakland City Charter, The Relinquishment By The Board Of Port Commissioners To The City Council Jurisdictional Responsibilities Necessary To Approve, Permit, And Administer Project Approvals For The Proposed Oakland Waterfront Ballpark District Project To Be Developed On That Portion Of The Port Area That Is Commonly Known As The Charles P. Howard Terminal And Is Located Along The Inner Harbor Of The Oakland-Alameda Estuary; And (B) Making Appropriate Findings Under The California Environmental Quality Act; On The February 17, 2022 Special City Council Agenda As A Public Hearing 22-0068

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Subject: Sole Source Contract With Diablo Engineering Group From: Transportation Department
Recommendation: Adopt A Resolution Waiving Further Advertising, Competitive Bidding, And The City’s Small-Very Small Local Business Enterprise Participation Requirement And Authorizing The City Administrator To Negotiate And Enter Into A Sole Source Contract, Without Return To Council, With Diablo Engineering Group In An Amount Not To Exceed Five Million, Five Hundred Thousand Dollars ($5,500,000.00) And Six Hundred Thousand D0llars ($600,000) Annually Thereafter Until The Completion Of The Town For All Projects, To Provide Technical Project Management Support And Expedite The Delivery Of Critical Milestones For The Implementation Of The Town For All Projects, Subject To Funding Availability; On The February 17, 2022 Special City Council Agenda As A Public Hearing

3.15 22-0080
Subject: Staffing For Town For All Program Implementation From: Transportation Department
Recommendation: Adopt A Resolution Approving, To Support The Implementation Of The Transforming Oakland's Waterfront Neighborhoods (Town) For All Projects, The Following New Limited Duration Appointments, And Authorizing The City Administrator To Convert Such Appointments To Permanent Positions, Subject To Funding Availability:

1. Full Time Equivalent Transportation Manager; 1.00 Full Time Equivalent Senior Transportation Planner; 1.00 Full Time Equivalent Transportation Planner III; 1.00 Full Time Equivalent Transportation Planner II; 1.00 Full Time Equivalent Supervising Civil Engineer; Up To 3.00 Full Time Equivalent Cvil Enginner; Up To 3.00 Full Time Equivalent Assistant Engineer II; 1.00 Full Time Equivalent Project Manager I; 1.00 Full Time Equivalent Program Analyst III; 1.00 Full Time Equivalent Accountant Iii In The Department Of Transportation; And

2. 1.00 Full Time Equivalent Business Analyst III And 1.00 Full Time Equivalent Administrative Analyst Ii Positions Shared Between The Department Of Transportation And Oakland Public Works; On The February 17, 2022 Special City Council Agenda As A Public Hearing

3.16 22-0079

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Subject: Accept & Appropriate Raise Grant
From: Transportation Department
Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To Accept And Appropriate United States Department Of Transportation Rebuilding American Infrastructure With Sustainability And Equity (Raise) Grant Program Funds Totaling Fourteen Million Five Hundred And Seven Thousand Seventy-Five Dollars ($14,507,075) Awarded To The City Of Oakland For The Reconnecting The Town: Safe, Reliable And Equitable Access Project, Subject To Procurement Of Twenty-Nine Million, Three Hundred Seven Thousand, Five Hundred Twenty-Eight Dollars ($29,107,528) To Meet Full Matching Requirement Of The Raise Grant Program; And 2) Authorizing The City Administrator To Take All Steps Necessary To Apply For And Receive Additional Funds Necessary To Meet The Matching Requirement Of The Raise Grant Program; On February 17, 2022 Special City Council Agenda

3.17 22-0077
Subject: Stormwater Trash Load Reduction Compliance Update From: Oakland Public Works Department
Recommendation: Receive An Informational Report On The Status Of The City’s Compliance With The Municipal Regional Stormwater Permit’s (MRP’s) Trash Reduction Requirements And Anticipated Changes To Those Requirements In The Upcoming Reissuance Of The MRP; On The February 22, 2022 Public Works Committee Agenda

3.18 22-0052
Subject: Informational Report From OakDOT On Oakland’s Slow Streets Program From: Councilmember Kalb
Recommendation: Receive An Informational Report And Presentation From The Oakland Department Of Transportation Regarding The Status Of And Plans For Oakland’s Slow Streets And Essential Places Program; On The February 22, 2022 Public Works Committee Agenda

3.19 22-0063
Subject: Caltrans Annual Report
From: Office Of The City Administrator
Recommendation: Receive An Informational Report On The Annual Progress Of Caltrans Activities In The City Of Oakland; On The February 22, 2022 Public Works Committee Agenda

3.20 22-0075

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Subject: Permanent Flex Streets Program
From: Economic Workforce And Development Department
Recommendation: Adopt An Ordinance Amending Chapter 8.62, Section 5.51.150, Section 12.08.250, And Section 17.07.060(C) Of The Oakland Municipal Code (OMC) To Create A Permanent Program For Restaurant, Retail, Café, Parklet, And Mobile Food Vending Uses Of Outdoor Private Spaces And Public Right-Of-Ways (“Oakland Flex Streets Program”) To Continue To Encourage Healthy Outdoor Use And Enjoyment Of Business; Directing City Administrator To Return With Ordinance Amending The Master Fee Schedule With A Flex Streets Application And Annual Permit Fee To Take Effect By July 1, 2023 For Each Component Of The Program; Directing The City Administrator To Develop An Equity Fee Waiver Program For Flex Streets Program For Flex Streets Program Applicants Who Meet Certain Equity Criteria; And Adopting Appropriate California Environmental Quality Act (CEQA) Findings; On The February 22, 2022 Community And Economic Development Committee Agenda

3.21 22-0055
Subject: Resolution To Authorize Section 108 Funds
From: Housing And Community Development Department
Recommendation: Adopt A Resolution To Authorize The City Administrator To Apply For, Accept, And Appropriate Funds From The United States Department Of Housing And Urban Development Under The Section 108 Loan Guarantee Program For Approximately $34 Million, Not To Exceed Five Times The City’s Current Community Development Block Grant At Time Of Application Less Any Outstanding Section 108 Guaranteed Loans And Commitments; On The February 22, 2022 Community And Economic Development Committee Agenda And On The March 1, 2022 City Council Agenda As A Public Hearing

3.22 22-0057
Subject: Security Cameras In East Oakland Business Corridors Update From: Councilmember Taylor
Recommendation: Receive An Informational Report From The City Administrator Providing An Update On The Implementation Of The Fiscal Year 2021-23 Biennial Budget Amendment Which Appropriated One Hundred And Fifty Thousand Dollars ($150,000) For The Economic And Workforce Development Department To Administer Grants For The Installation Of Surveillance Cameras In Business Corridors In East Oakland In the Fiscal Year 2021-22; On The February 22, 2022 Community And Economic Development Committee Agenda

3.23 22-0045

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Subject: Informational Report On Homeless Intervention Sites From: Councilmember Fife and Council President Bas
Recommendation: Receive An Informational Report From The Human Services Department Regarding The Budgeted Funds Authorized For The Co-Governed Homeless Intervention Site At 3rd Street And Peralta Street And The Two Homeless Interventions At E 12th Street And 2nd Avenue, Including How Much The City Council Has Allocated, A Breakdown Of The Expenditures To Date Including, But Not Limited To: Expenditures For Site Preparation, Services, Supplies, Operations, And Other Costs Associated With Standing Up And Maintaining These Sites, And Detailing The Decision-Making Process Related To Site Expenditure Authorization and Tracking; On The March 1, 2022 City Council Agenda On Non Consent

3.24 22-0064
Subject: Violent Crime Investigations Management
From: Councilmember Taylor
Recommendation: Adopt A Resolution Directing The City Administrator To Return To Council By April 2022 With 1) A Report On The Current And Historical Clearance Rates Of Violent Crimes And 2) A Plan To Create And Implement An Investigations Management Database And A Corresponding Clearance Rates Dashboard To Track The Progress In Clearing Cases, To Ensure Accountability For Perpetrators Of Violent Acts Against Oaklanders, Bring Closure For Violent Crime Victims And Their Families, And Deter Potential Violent Acts; On The March 8, 2022 Public Safety Committee Agenda

3.25 22-0046
Subject: Life Enrichment Committee Meeting
From: Councilmember Taylor
Recommendation: A Request To Schedule A Life Enrichment Committee Meeting On March 21, 2021 At 1:30 P.M.

3.26 22-0078

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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL
Review Of Draft Agendas And Review Of Pending Lists For Council And Committee Meetings
4 22-0029
February 7, 2022 Finance And Management Committee Agenda February 8, 2022 Public Safety Committee Agenda
February 10, 2022 Rules And Legislation Committee Agenda Finance And Management Committee Pending List
Public Works Committee Pending List
Community And Economic Development Committee Pending List Life Enrichment Committee Pending List
Education Partnership Committee Pending List
Public Safety Committee Pending List
Rules and Legislation Committee Pending List
February 15, 2022 Draft City Council Agenda
February 17, 2022 Special City Council Draft Agenda
February 17, 2022 Rules And Legislation Draft Agenda
Attachments:
5 Determinations Of Closed Session
Open Forum (Total Time Available: 15 Minutes)
Adjournment
Americans With Disabilities Act
If you need special assistance to participate in Oakland City Council and Committee meetings please contact the Office of the City Clerk. When possible, please notify the City Clerk 5 days prior to the meeting so we can make reasonable arrangements to ensure accessibility. Also, in compliance with Oakland's policy for people with environmental illness or multiple chemical sensitivities, please refrain from wearing strongly scented products to meetings.

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Phone: (510) 238-6406
Fax: (510) 238-6699
Recorded Agenda: (510) 238-2386
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February 3, 2022*Rules & Legislation Committee Meeting Agenda -

SUPPLEMENTAL

MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL

AFTER DISTRIBUTION OF THE AGENDA PACKETS MAY BE VIEWED IN THE OFFICE OF THE CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM 8:30AM TO 5:00PM
* In the event a quorum of the City Council participates on this Committee, the meeting is noticed as a Special Meeting of the City Council; however, no final City Council action can be taken.

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