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  • 8/12/2019 DAC Council Report 071310

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    oFr.:,o;T'H 'E^^r.a...C ITY O F O A K L A N D^''^ ^^ AGENDA REPO RT20 IO'JUN3 0 AM II: 0 0

    TO: Office of the City Ad min istratorATT N: Dan LindheimFRO M : Fire DepartmentDATE: Ju ly 13 ,2 010R E : A Rep ort and Resolution A uthorizing The City Adm inistrato r O r His Designee To : 1)En te r In to A M emorandum Of U nde rs t and ing /Gran t Adm in is t ra t ion Agreement Wi th ThePo rt Of Oaklan d U nder W hich The City Will Receive Fiscal Yea r 200 9 Am erican R ecoveryAnd Reinves tment Act (ARRA) Port Securi ty G ran t Prog ram (PSG) Funding In TheAm ount Of Two M ill ion Nine Hu ndred Twenty One Thousand Seven Hu ndred Dol la rs($2,921,700) To Jointly Develop, Establish And Operate A Port/City Domain AwarenessCenter (DAC), And 2) Accept, Ap propria te And A dminis te r Said ARRA PSG Prog ramG ran t Fun ds , And 3) Approv e The Pre l iminary Spending Plan For The Ci ty Of O aklandAssociated With Said Grant, And 4) Expend Funds In Accordance With The PreliminarySpending Plan Without Further Council Authorization, Including Purchases In Excess OfThe Ci ty Adminis t ra tor ' s Purchas ing Authori ty For Equipment On The Federa l lyAuthorized Equipment List (AEL) And Services Required By The Grant, Provided CityCom petit ive Solicitat ion And Pur chas ing Program/Policies Are Followed

    S U M M A R YThe proposed report and resolution requests City Cou ncil's approval to enter into M emorandumof U nderstanding/Grant Adm inistration Agreem ent with The Port of Oakland for the D istributionof the Fiscal Year 2009 American Recovery and Reinvestment Act (ARRA) Port Security Grant |Program (PSG) funding for a Joint Port/City Dom ain Awareness C enter (DAC) in the amount ofi$2 ,921,70 0 to the City of Oakland, approval of the preliminary spending plans and authorizationfor the City Administrator or his designee to administer the programs included in the grant.The performance period for the fiscal year 2009 ARRA PSGP grant is from October 1, 2010through January 3 1,2 0 12 , as established by the granting authority.F I SC A L I M P A C TApproval of the report and resolution w ill authorize the acceptance and appropriation of theFiscal Year 2009 American Recovery and Reinvestment Act (ARRA) Port Security GrantProgram (PSG) funding for a Joint Port/City Dom ain Aw areness Center (DAC) in the amount of$2,921,70 0 to the City of O akland.

    Item:Public Safety Com mitteeJuly 13, 20 10

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    Dan LindheimRe:FY2 00 9 ARRA PSG Grant Administrafion Agreement Page 2

    Said funds will be appropriated to Homeland Security Fund (2 12 3 ), Office of Em ergencyServices (OES) Hom eland Security (20 711), various expenditure accounts according to thegrantor approved spending plan and offset by the revenue account of M iscellaneous FederalGrant Account (46129).There is a $400 ,00 0 cash or in-kind services match that the City of Oakland must provide as partof the grant requirement and budget. The Oakland Police Department (O PD), Oakland FireDepartment (OFD ) and Oakland Fire Department, Office of Emergency Services (OES), andDepartment o f Infonnation Technology (DIT) staff will provide the match as in-kind services bycomm itting personnel time to the project m anagement and oversight once the project isunderway. Addifionally, OPD has committed personnel to staff the center once it is operational.Below is the Estimated Preliminary Spending P lan/Budget Sum mary for the Joint City/PortDomain Awareness Center:Budget CategoryPersonnelFringe BenefitsTravelEqu ipmentSuppliesConsul tants /Contrac tsConstructionSystems IntegrationT O T A L P R O J E C TC O S T S

    Federa l Amount$49,800$34,860-0 -$637,040-0 -$450 ,000$985,000$765,000$2,921,700

    Non-FederalAmount$220 , 000$180,000-0 --0 --0 --0 --0 -$400 ,000

    Total$ 269,800 1$214,860 1-0 - 1$637,040 1-0 - 1$450,000 1$985,000$765,000$3,321,700

    The Oakland Fire Department, Office of Emergency Services staff will be responsible foradministering the grant, any agreements and ensuring that all requirements set forth in theagreement and in the grant guidelines are met.There will also be an allowance ofupto 3 % for M anagement and Administrafion funding. The3 % M &A funding will go to OES to cover some of the costs affiliated with grant ad ministrationand coordination of the project.

    Item;Public Safety CommitteeJuly 13, 20 10

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    Dan LindheimRe: FY20 09 ARRA PSG Grant Administration Agreement Page 3

    B A C K G R O U N DOn February 17, 2 0 0 9, President Obama signed into law the American Recovery andReinvestment Act of 2009 (ARRA) (Public Law 111-5). The Act provided approximately $787billion in sfimulus fimds to the Nafion and laid out new requirements for Federal agencies intheir grants process to allow for more transparency and accountability across all programs.ARRA set aside approximately $150 million of the stimulus funds for the Port Security GrantProgram (PSG Program).Congress and the Administrafion intended the PSG Program to be one of the tools in acomprehensive set of measures to strengthen the N ation 's critical infrastmcture against risksassociated w ith potential terrorist attacks. The M arifime Transportafion Security A ct of 20 0 2 , asamended (46 U .S.C. 701 07 ), established the PSG Program to implement Area M aritimeTransportation Security Plans and facility security plans among port authorities, facilityoperators, and State and local govemment agencies required to provide port security services.The PSG Program is designed to harden our Natio n's ports and stimulate the economy .The PSG Program established four fijnding priorities:1. Activities that enhance M aritime Dom ain Aw areness;2 . Activities that enhance Improvised Explosive Device and Weapons of M ass Destmctionprevenfion, protection, response and recovery capabilifies;3 . Efforts supporting implementation ofthe Transportation Worker IdentificationCredenfial (TW IC); and4. Con struction or infrastmcture improv emen t projects that are identified in each po rt's , ma rineterminal operato r's, or shipping carrier's Port W ide Risk M anagement Plan and/or FacilitySecurity Plans, and/or Vessel Security PlansOn June 17, 2 0 0 9, Oakland staff provided the City's Pu blic Safety Com mittee with an InformationalReport regarding the C ity's role in the Por t's application for Port S ecurity funds und er the ARRA .The Public Safety Committee and City Council approved the informational report and there were noobjections to the City/Port collaboration on this project.

    Por t of Oak land AwardOn September 2 3 , 20 09, the Federal Emergency M anagement Agen cy's (FEM A) GrantsProgram D irectorate announced that the Port of Oakland would receive $7,620 ,950 to fund twoPort Security proje cts. The two projects approved for funding are:

    Item:Public Safety CommitteeJuly 13, 20 10

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    Dan LindheimRe:FY2 0 09 ARR A PSG Grant Administrafion Agreement Page 4

    Project 1: Joint City/Port Domain Awareness Center (sometimes referred to as DAC ) ($2 .9M );andProject 2: Transportafion Worker Identification Credential (TWIC ) Infrastructure at M arineTerminals ($4.7M )This Coun cil report is related to Project 1, the Joint C ity/Port Domain A wareness Center.

    P R O G R A M D E S C R I P T I O NThe proposed Joint City/Port Dom ain Aw areness Center (DAC) will utilize the City of OaklandEm ergency Operations Center (EOC ) to consolidate a network of existing surveillance and securitysensor data to actively mo nitor critical Port facilities, utility infrastructure. City facifities a ndroadway s. Information m anagement software would be utilized together with video analytics toefficiently screen and mo nitor the data as well as coordin ate incident man agem ent. The informationmanagement software would include situation awareness and response capabilities, linkingmonitoring data with dispatch and automated access controls at some facilities.Another significant function of the DAC would be to eventually serve as a 24/7 center that woulcfocus on interoperability and coordination of prevention, preparedness, response, recovery and ]mitigation efforts. This institutional framework for the DAC would establish and enhance new |partnerships and coalitions, including expansion of the successful partnership of Oakland Police,'Fire and Oakland Offices of Emergency Services and the Port. This would improve regional ireadiness and response capabilifies through information collection and sharing while facilitating aregional Common Operating Picture.Pr o i ect Ju stificationIn addition to meeting funding priority one of the PSG Program noted above, this project has beenidentified as a high priority in support of the San Francisco Bay Region Wide Risk M ifigation and ,Trade Resump tion/Resiliency Plan (RM /TRRP ). FEM A required each Port region in the country todevelop such a plan, and the RM /TRR P was funded through the FY 20 0 7 Supplement Port SecurityGrant fimding and com pleted by the Port of Oakland in January, 20 0 9.C i ty /Por t M emorandu m of Agreement (M OA)The City and Port signed a M emorandum of Agreement (M OA) on June 2 6, 200 9, establishing aDom ain Aw areness and Response Coordination W ork Group. The M OA outlined the relationshipbetween the City and Port to collectively address risk mitigation and preparedness needs, as well asdeficiencies in current homeland security prepa redne ss and response capabilities and capacities. TheDom ain Awareness and Response Coordination W ork Group are comprised of representatives fromboth the City and the Port, respectively. Objective num ber six of that M OA is entitled Explore theDevelopment ofa Joint Port-OPD-OFD-OES Domain Awareness Coordination Center at the City'sexisfing Office of Emergency Services Emergency O perations Center (EO C) and would include:

    \Item:Public Safety CommitteeJuly 13, 20 10

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    Dan LindheimRe: FY2 00 9 ARRA PSG Grant Administration Agreement Page 5

    ^ Integration of efforts and interope rability between regional security partn ers^ Focus on dom ain awaren ess, situational awareness and managem ent and improved responsecapabilities^ Developm ent of sustainable recomm endations guided by:- Leveraging existing initiatives- Strengthening linkages between existing comm and and control nodes- Expansion of detection and deterrence capabilities- Improving effective information management as a force multiplier- Developing detailed Concept of Operations- Enhancing imm ediate readiness capabilifies^ Support National Preparedness Priorities^ Strengthen Chem ical, Biological, Radiological, Nuclear and Explosive Detection andResponse Capabilities

    Implementa t ion Stra tegyThe City EOC was jointly chosen by the Domain Awareness and Response Coordination WorkGroup as the site for the DA C because of its inherent function as a focal point for the assessment ofthe impact of emergency events and the.dispatch of resources in the event of a significant emergencyincident in the Oakland or East Bay region. The EO C is also co-located w ith the Fire D epartm ent'sdispatch function which o perates on a 24-hour basis thereby ensuring better coordinafion and mo re,timely response to an event in the Port area.Future ActionsThe following acfions m ust be coordinated to implement the Dom ain Awareness Center (DA C):a. Complete a Ph ase 1 Engineering Concept Design fo r the Join t Domain Aw areness C enter.This project has been detailed in an Investment Justificafion and proposed for FY 2008 Port SecurityGrant funding. This project has been approved by the local Screening Comm ittee and the SanFrancisco Bay Area M aritime Security Com mittee and is expected to be approved by FEM A in thevery near future. The project will result in a detailed conce ptual engineerin g design and will includethe Concept of O perations, Command and Control hierarchy and a framework of insfitutionalagreements am ongst agencies participating in the DAC , including the Oakland P olice D epartment(OPD ), the Oakland Fire Department (OF D), OFD , Office of Emergency Services (OES), and thePort of Oakland.b.Develop a w ritten agreem ent between the Por t an d the City that designates the City as a subrecipient of grant funding .This written agreement will establish terms and conditions for the sub-recipient's use of such grantfunds, and details the reporting requirements and relationship between the Port and the City. Thisagreement is being sent to the City Council for approval as part of this report and resolufion. Onceapproved, it will also be sent to the Port's Board for approval at a future date.

    Item:Public Safety CommitteeJuly 13 , 2 0 10 :

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    Dan LindheimRe:FY2 00 9 ARRA PSG Grant Administrafion Agreement Page 6

    c. Collaborate with the City on all aspects of the design^ construction and implementation of theDAC.d. Collaborate with the City to ensure sustained m aintena nce an d operations suppo rt fo r the DAC,The C ity of Oakland and Port of Oakland will work together to ensure the sustainment of the DACincluding the identification of funding sources to support the future 24/7 operation and to ensureproper manag ement for this regional security initiative, documenting this support in a M OA .

    K E Y IS S U E S A ND I M P A C T SThe Port S ecurity G rant Program (PSG ) was established to assist Ports, the U .S. Coast Guard,M aritime E xcha nge, businesses and first respo nders , in their efforts to protect critical portinfrastmcture and port operations from potential acts of terrorism.Due to the proximity to port facilities and administrative offices, OPD and OFD are the firstresponders to the Port, the O akland International A irport, the San Francisco Bay Bridge, andother critical ma ritime infrastructure in the Bay Area. To this extent, it is critical that Oak landFire Department, O ES, OP D, and OFD confinue developm ent of joinfiy coordinated responseplans and protocols with all regional partners in order to identify and close gaps in training,capacity and equipment necessary to prevent, detect, protect and recover from majoremergencies.The grantor has approved the equipm ent procurement and project com pletion within the FY2009 PSG program. City staff is requesfing that City Council approve the preliminary spending ;plan associated with the grant and allow staff to expend grantfion swithout frirther CouncilAuthorization including purchases in excess of fiie City Adm inistrator's purchasing authority forequipment on the AEL list and services required by the grant provided City Com petitiveSolicitation and Purchasing Program/Policies are followed. This request is being mad e becauseof the short timeline for the grant performance period and to ensure the project will be completedwith the grant timelines.S U S T A I N A B L E O P P O R T U N I T I E SEc on om ic: The proposed project within the PSG program will be completed in phases so thatthey may be completed either before or not later than the end of the grant period. Emergencypreparedness and planning activities enhance the City of Oa kland 's efforts to provide a climatein which economic development can flourish. The PSG Program will provide resources andtools for first responders in protecting against acts and threats against the port and will ultimatelysave lives, protect property, the environment, and enhance economic resiliency in the Bay Arearegion by reducing or minimizing potential dismptions to com merce at the Port.En vir on m ent al: There are no environmentally sustainable opportunities affiliated with thePSGP that staff isaware of

    Item:Public Safety C omm itteeJuly 13 , 2 0 10 '

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    Dan LindheimRe: FY2 00 9 ARRA PSG Grant Administration Agreement Page 7

    Soc ial Eq uity: The procurement ofthe approved equipment will enhance public safety effortsthat serve all residents in the City of Oakland and the surrounding areas.DISABILITY AND SENIOR CITIZEN ACCESSAll City of Oakland programs developed with funding secured through the Port Security GrantProgram (PSG) are designed and operated in com pliance with the Americans w ith DisabilitiesAct (ADA) and Older American's Act, as applicable.R E C O M M E N D A T I O N A ND R A T IO N A L EThe City of Oakland and the City Council continue to make emergency preparedness andemergency m anagemen t a priority for the Oakland com munity.The proposed Dom ain Aw areness Center will provide tools, technology, staffing and resourcesthat will assist in sustaining and enhancing the City of Oakland's ability to effectively respond toand protect the Port of Oakland and the surrounding area.Staff recomm ends that the City Council continue its comm itment to cooperating with ourregional partners to detect, prevent, prepare for, respond to, and recover from m ajor emergenciesincluding hum an caused and natural disasters that could im pact the City and the Port of Oaklandby approving this report and accompanying resolution.A C T I O N R E Q U E S T E D O F T H E C I T Y C O U N C I LIt is requested that the City Council authorize the City Administrator or his designee to: 1) Enterinto a M emorandum of U nderstanding/Grant Adm inistration Agreement with the Port ofOakland for the Distribution of Fiscal Year 2009 American Recovery and Reinvestment Act(ARRA ) Port Security Grant Program (PS GP) funding for a Joint Port/City Dom ain Aw arenessCenter (DAC ) in the am ount of two million and nine hundred twenty one thousand and sevenhundred dollars ($2,921,700) to the City of Oakland, And 2) Accept, Appropriate andAdminister the Fiscal Year 2009 ARRA PSGP grant allocations. And 3) Approve die City ofOakland as the subrecipient/subgrantee for the said grant funding including approval of thePreliminary Spending plan And 4) Expend Fu nds in Accordance w ith The Preliminary SpendingPlan W ithout Further Council Authorization, Including Purchases In Excess of the City

    Item:Public Safety CommitteeJuly 13, 20 10

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    Dan LindheimRe: FY2 00 9 ARRA PSG Grant Administration Agreement Pa ge s

    Adm inistrator's Purchasing Authority for Equipm ent on the Federally Authorized EquipmentList (AEL) and Services Required By Th e Grant Provided City Bidding Requirements andPurchasing Program/Policies Are Followed.Respectfully submitte

    a^iJ ^raid A. Simon,Fire Department

    y i^ l^ ^ ' ^ - r - ^Chief

    APPROVED AND FORWARDED TO THEPUBLIC SAFETY COM M ITTEE:

    Office of the City A dministrator

    Prepared by:Renee A. DomingoDirector of Emergency Servicesand Homeland Security

    Item:Public Safety CommitteeJuly 13 ,2010-

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    2fllOJUN30 (IM11--00O A K LA N D CITY CO UN CIL

    R E S O L U T I O N N O . C .M .S

    rov ed as to Form and Lega: ^ , c . - * - w ^ i ^ ^ ^

    City Attorn

    R E S O L U T I O N A U T H O R I Z I N G T H E C I TY A D M I N I ST R A T O R O R H I S D E S IG N E ETO:1) E N T E R I N T O A M E M O R A N D U M O F U N D E R S T A N D I N G /G R A N TA D M I N IS T R A T I O N A G R E E M E N T W I T H T H E P O R T O F O A K L A N D U N D E RW H I C H T H E C I T Y W I L L R E C E I V E F IS C A L Y E A R 2 0 0 9 A M E R I C A NR E C O V E R Y A N D R E I N V E S T M E N T A C T (A R R A) P O R T S E C U R I T Y G R A N T

    P R O G R A M ( P S G P ) F U N D I N G IN T H E A M O U N T O F T W O M I L L I O N N I NEHUNDRED TWENTY ONE THOUSAND SEVEN HUNDRED DOLLARS ($2 ,921 ,700T O J O I N T L Y D E V E L O P , E S T A B LI SH A N D O P E R A T E A P O R T / C I T Y D O M A INAWA RENESS CEN TER (DAC ) , , AND2) ACCEPT, AP PRO PRIA TE AND ADM INISTER SAID ARRA PSGP GRANT FUNDSjAND3) APPROVE TH E PRELIM INARY SPENDING PLAN FOR TH E CITY OFOAKLAND ASSOCIATED WITH SAID GRANT AND WAIVE CITY OF OAKLANDCENTRAL SER VICES O VERHEA D OF $87 ,000 , AND4) EXPEND FU NDS IN ACCORDA NCE WITH THE PRELIM INAR Y SPENDINGP LA N W I T H O U T F U R T H E R C O U N C IL A U T H O R I Z A T I O N , IN C L U D I N GP U R C H A S E S IN E X C E S S O F T H E C I TY A D M I N I S T R A T O R ' S P U R C H A S I N GA U T H O R IT Y F O R E Q U I P M E N T ON T H E F E D E R A L L Y A U T H O R I Z E DE Q U I P M E N T L I S T ( A E L) A ND S ER V I CE S R E Q U I R E D B Y T H E G R A N T ,P R O V ID E D C I T Y C O M P E T I T I V E S O L IC I T A T I O N A N D P U R C H A S I N GP R O G R A M / P O L IC I E S A R E F O L L O W E D

    WHEREAS, the Am erican Recovery and Reinvestment Act of 20 0 9 (AR RA ) (Public Law 111-5)set aside approximately SI50 million of the stimulus funds for the Port Security Grant Program(PSG Program); andW H ER EA S, Co ngress and the Administration intended the PSG Program to be one of the toolsin a comprehensive set of measures to strengthen the Nation's critical infrastructure against risksassociated w ith potential terrorist attacks; andWHEREAS, the Port of Oakland and City of Oakland submitted a ARRA PSG grant proposal tojointly develop, establish and operate a City/Port Dom ain A wareness Center (D AC) utilizing theCity of Oakland Emergency Operations Center (EOC) to consolidate a network of existingsurveillance and security sensor data to actively mon itor critical P ort facifities, utilityinfrastructure, City facilities and roadw ays; and

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    W HE RE AS , on September 2 3 , 20 09, the Federal Emergency M anagement Agency's (FEM A)Grants Program Directorate announced that the Port of Oakland would receive $2,921,700 tofund the joint development, establishment and operation of aCity/Port Domain AwarenessCenter (DAC);WHEREAS, the City Administrator recommends that the City Council authorize waiver of thecentral services overhead (CSO) fees of approximately $87,000 for this project, in relation tocontract assessments or other project related costs, to ensure that there is adequate funding forthe project; andW H E R EA S, the grant funding includes up to 3 % for grant maintenance and administrafion coststhat will be utilized by the Oakland Fire Department, Office of Emergency Services; andW H E RE A S, Oakland M unicipal Code Section 2.04.03 0.A requires Council approval for anypurchase of goods and/or services over $100,000.00; andWHEREAS, the City Administrator recommends that he be authorized to expend ARRA PSGgrant funds in connection with the establishment and operation of the City/Port DomainAwareness Center in excess of $100 ,00 0.0 0 w ithout further C ouncil review or action becausethis project has a short, time sensitive grant performance deadline of January 2 0 12 , providedcompetitive solicitation and other City purchasing policies and programs are followed; andW n E R E A S , the City Adm inistrator has determined that services that ma y.be provided undercontracts authorized hereunder would be of a professional, scientific or technical and temporarynature and not result in the loss of employment or salary by any person having permanent statusin the competitive service; now, therefore be itRESOLVED: That the City Council Authorizes the City Administrator or his designee to enterinto a M emorandu m of U nderstanding/Grant Administrafion Agreement with the Port ofOakland for Fiscal Year 2009 American Recovery and Reinvestment Act (ARRA) Port SecurityGrant Program (PS GP) funding in the amount of two million and nine hundred twenty onethousand and seven hundred dollars ($2,92 1,70 0), to joinfiy develop, establish and operate aCity/Port Dom ain Aw areness Center (DA C); and be itFU RT HE R RE SO LV ED : That the City Administrator or his designee is authorized to acceptand appropriate said FY 20 09 ARRA PSG Program G rants funds into U .S. Department ofHomeland Security Fund (2 12 3), Office of Em ergency Services (20711) a grant project to bedetermined, and Office Emergency Services/Homeland Security Program (PS21), the full grantfunds will be appreciated to the M iscellaneous Federal G rants Accounts 461 2 9; and be itFU RT HE R RE SO LV ED : That the City Administrator is authorized to award all contracts forpurchases paid for with FY 2009 ARRA PSG Program Grant funds for any amount, even thosepurchases in excess of theCity Adm inistrator's authority in Oakland M unicipal Code Section2.0 4.02 0 or that otherwise require Council approval under Oakland M unicipal Code Section2.04.030, without further City Council review or action, including contracts involving thepurchase ofgoods, material, equipment, services or combination thereof on the Federally

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    Authorized Equipment List (AEL) and services required by the grant, provided such purchasesare in accord with the approved spending plan, the City's bidding or request for proposalrequirements and purchasing pro grams/policies; and be itFU RT H ER RE SO LV ED : That the City Administrator or his designee is authorized to approvepreliminary spending plan; and be itFU RT H ER RE SO LV ED : That the City Administrator or his designee is authorized to waivethe central services overhead (CSO) fees of approximately $87,000 for this project in relation tocontract assessments or other project related costs; and be itFU RT H ER RE SO LV ED : That all contracts authorized hereunder shall be approved for formand legality by the Office oftheCity A ttomey and placed on file in the Office of the City Clerk.

    IN COU NCIL, OAKLA ND, CALIFORNIA, ,20P A SS E D BY T H E F O L L O W I N G V O T E :AYES - BROOKS, DE LA FU ENTE, KAPLAN, KERNIGHAN, NA DE L, QU AN, REIDand PRESIDENT BRUNNERNOES -ABSENT -ABSTENTION - ATTEST: LaTonda SimmonsCity Clerk and Clerk of the Councilof^the City of Oakland, Califomia