Agmt 2000 City of Oakland Port Commissioners (2)

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CONFIDENTIAL. ATTORNEY Board of Port Commissioners CLIENT AND ATTORNEY WORK- of the City of Oakland PRODUCT PRIVILEGID: Oakland, California October 20, 2000 EXEMPT FRCS! DISCVJSURE Page 4 ABSOLUTELY PROHIBITED DISSEHINATION OUTSIDE PORTPORT the City Committee at that meeting, complies with the Brown Act and any applicable Port or City of Oakland regulations.'The City shall be responsible for ensuring that the City Committee's attendance and participation at the meeting complies with'the Brown Act and any applicable City regulations.Each of the City .and Port may provide agenda items to be placed on the agenda for the Aviation Committee work. session meeting so long as such requests are made in writing and submitted to the other party no later than 15 days prior to the meeting.The Port and the City shall • cooperate' in scheduling the Aviation Committee work session meetings. A scheduled meeting shall not be postponed or cancelled by the Port or the City without reasonable cause and reasonable advance notice and discussion." When Port Obligations Effective: The City would dismiss its lawsuits and appeals as soon as the Settlement Agreement is signed by the City and the Port. But the Port would not be obligated to fund .any insulation related costs, hold the work sessions, or to carry out any other obligations in the Settlement Agreement except safety meetings and a safety report) unless and until all litigation challenging the ADP is finally resolved and the Port receives all permits necessary for all components of the ADP. I have attached a chart that shows in summary form the main provisions of the previously approved School Districts Settlement Agreement and the proposed City of San Leandro Settlement Agreement. The two agreements share many of the same provisions. 3. Closed Session Agenda The ADP litigation is not listed in Agenda Sheet Item No. 40 of the Board Calendar previously posted for October 24.The Oakland Sunshine Ordinance technically requires a matter be posted, on an agenda 10 days before a meeting only if the Board is to act" or take action" on the matter. No Board action on October 24 is proposed on the San Leandro matter. The State Brown Act, however, requires that the Board post an agenda at least 72 hours before a regular meeting that list each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session." In accordance with the Brown Act, the ADP litigation was posted on the agenda today. 30236