Agmt 2000 City of Oakland Port Commissioners (2)

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Board of Port Commissioners CONFIDENTIAL: ATTORNEY- of the City of Oakland CLIENT AND ATTORNEY WORK- Oakland, California PRODUCT PRIVILEGED; November 3, 2000 FEEMPT flag DISCLOSURE Page 4 ABSOLUTELY PROHIBITED FROM DISSEMINATION OUTSIDE PORT is concerned about the potential effect that the public announcement of a settlement agreement could have on the November 7 City elections and during the immediate aftermath of the elections. Under the Brown Act, if the Council approves the agreement on November 6 and the Board approves it on November 7, the City would be required under the Brown Act publicly 'to disclose the Council's approval on November 7 if the agreement is final.The Port wants the Council to approve the proposed settlement before the Board approves it. But San Leandro wants the settlement approved before November 20, the deadline for filing it opening brief in the appeal from the second lawsuit. If the Council waited until its next meeting on November 20 to approve the agreement the Port would not approve the agreement until November 21. Based on the foregoing we have reached the following agreement with the San Leandro City Attorney's office. The Council in closed session on Monday, November 6, will decide whether'to approve the Settlement Agreement. If the Council approves the agreement, the City will not publicly disclose the fact of the approval at that time. The City Attorney's office will notify our office Tuesday morning, .7, of the Council's action. If the Council apprved the Settlement Agreement, the Board will meet in closed session on November 7 and then go back .into open session before adjournment and, if it determines it is appropriate, pass a resolution approving the Settlement Agreement. The Port would not otherwise publicize the Board's approval at that time.The Settlement Agreement will contain a provision that it becomes final upon the later of i) the date both parties execute it and ii) November 20. Our office will notify the City Attorney's office on Wednesday morning, November 8, of the Board's action. If the Board approved the Settlement Agreement, San Leandro will execute the agreement and send it to the Port who will then also execute it and send a fully executed copy back to the City.The City and the Port will cooperate in the preparation and issuance of press releases announcing the settlement, but no public announcement will be made before November 20 except with the consent of San Leandro. 4. Conclusion The proposed Settlement Agreement will have the benefits to the Port that are described' above.. Therefore, the Executive Director and Director of Aviation recommend the proposed 30355