body,date,text,page,path
OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
Meeting Minutes - FINAL
LaTonda Simmons, City
CITY OF OAKLAND
Clerk
*
Concurrent Meeting of the Oakland
Redevelopment Successor Agency
and the City Council
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Tuesday, January 16, 2018
5:30 PM
City Council Chamber, 3rd Floor
1
PLEDGE OF ALLEGIANCE
The Concurrent Meeting of the Oakland City Council and Successor
Redevelopment Agency was held on the above date. Opening with the Pledge of
Allegiance, the meeting was convened at 5:40p.m.
2
ROLL CALL / CITY COUNCIL
Excused 1 - - Noel Gallo
Present 7 - - Desley Brooks, Annie Campbell Washington, Lynette McElhaney, Abel J. Guillén,
Dan Kalb, Rebecca Kaplan, and Laurence E. Reid
3
OPEN FORUM / CITIZEN COMMENTS (Time Available: 15 Minutes)
21 speakers spoke during Open Forum.
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor,
Council Acknowledgements/Announcements):
President Pro Tem Guillén took a point of personal privilege and requested that the
meeting be adjourned in memory of Ruby Atkins
Councilmember Brooks took a point of personal privilege and requested that the
meeting be adjourned in memory of Paul Fields
Councilmember Brooks, Council President Reid, Vice Mayor Campbell
Washington, Councilmember McElhaney and Kalb took a point of personal
privilege and requested that the meeting be adjourned in memory of Rachel
Townsend.
Councilmember McElhaney took a point of personal privilege and requested that
the meeting be adjourned in memory of Edwin Hawkins
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
4.1
Subject:
Resolution Commending And Honoring Lois Gomes
From:
Council President Pro Tem Guillén
Recommendation: Adopt A Resolution Commending And Honoring Lois Gomes For 30
Years Of Service To The City Of Oakland
17-0457
A motion was made by Abel J. Guillén that this matter be Adopted. The motion
carried by the following vote:
Excused: 1 Gallo
Aye: 7 - Brooks, Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
4.2
Subject:
Members Of The Community Police Review Board
From:
Council President Reid
Recommendation: Adopt A Resolution Recognizing And Honoring The Following Eight
(8) Outgoing Members Of The Citizen's Police Review Board For Their Services: Chris
Brown (6 Yrs), Charlette Green (2 Yrs), Sharon Ball (2 Yrs), Brian Bingham (5 Yrs), Jose
Dorado - (2 Yrs), Colette McPherson - (2 Yrs), Howard Tevelson (8 Yrs), Mauricio Wilson
(2 Yrs)
18-0001
A motion was made by Larry Reid that this matter be Adopted. The motion
carried by the following vote:
Excused: 1 - Gallo
Aye:
7 - Brooks, Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
5
APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF NOVEMBER 7,
,
NOVEMBER 28, AND DECEMBER 18, 2017
18-0007
A motion was made by Abel J. Guillén, seconded by Dan Kalb, that this matter be
Accepted. The motion carried by the following vote:
Excused: 1 - Gallo
Abstained: 2 - Brooks, and Kaplan
Aye: 5 - Campbell Washington, McElhaney, Guillén, Kalb, and Reid
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
6
MODIFICATIONS TO THE AGENDA AND PROCEDURAL ITEMS
(Requests To: Reschedule Items From Consent To Non-Consent
To The Next Council Agenda, Speak On Consent Calendar, Register Votes,
Change Order Of Items, Reconsiderations, Pull Items Held In Committee):
7
CONSENT CALENDAR (CC) ITEMS:
There were 28 speakers on the consent calendar
Approval of the Consent Agenda
A motion was made by Kalb, seconded by Kaplan, to approve the Consent
Agenda. The motion carried by the following vote:
Excused: 1 - Gallo
Aye: 7 - Brooks, Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
7.1
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 Human Immunodeficiency Virus (""HIV"")/Acquired
Immunodeficiency Syndrome (""AIDS"") Epidemic
18-0004
This City Resolution was Adopted.
7.2
Subject:
Declaration Of 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
18-0005
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
7.3
Subject:
Ordinance To Enact The Uniform Residential Tenant Relocation Ordinance
From:
Councilmember Kaplan
Recommendation: Adopt An Ordinance To Enact The Uniform Residential Tenant
Relocation Ordinance To (1) Establish An Uniform Schedule Of Relocation Payments; (2)
To Extend Relocation Payments To Tenants Displaced By Owner Move-In Evictions; (3)
To Extend Relocation Payments To Tenants Displaced By Condominium Conversions;
And (4) Conform Existing Ellis Act And Code Compliance Relocation Amounts To Those
In The Uniform Schedule
17-0111
This Ordinance was Approved for Final Passage.
7.4
Subject:
Graffiti Abatement Grant Authorization For Covenant House California
From:
Councilmember McElhaney
Recommendation: Adopt A Resolution Authorizing A Grant Not To Exceed $4,680 From
Councilmember McElhaney's Graffiti Abatement Mural And Green Wall Funds To
Covenant House California For Installation Of A Mural In The Cul-De-Sac On Jefferson
Street South
Of 5th Street Including The Associated Costs Of Youth Engagement
[TITLE CHANGE]
17-0298
Sponsors: McElhaney
This City Resolution be Withdrawn and Rescheduled.to go before the *
Concurrent Meeting of the Oakland Redevelopment Successor Agency and the
City Council to be heard 2/6/2018
7.5
Subject:
2017 State/Federal Legislative Activities & Proposed 2018 Legislative
Priorities
From:
Office Of The Mayor
Recommendation: Receive An Informational Report Regarding 2017 State And Federal
Legislative Activities And Proposed Legislative Priorities For 2018
17-0393
Sponsors: Office Of The Mayor
The council directed staff to have the City Administrator's office to reach out to the
State lobbyist to add to the legislative agenda ""not to share citizenship status/
information to the California Department of Justice and the Alameda County
Sheriff's Office
This Informational Report be Received and Filed.
Excused: 1 - Gallo
Aye: 7 - Brooks, Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
7.6
Subject:
Oakland Lobbyist Registration Act
From:
Public Ethics Commission
Recommendation: Adopt An Ordinance Amending The City Of Oakland Lobbyist
Registration Act (Act) Ordinance To (A) Transfer The Responsibility For Collecting And
Retaining Lobbyist Forms From The City Clerk To The Public Ethics Commission, (B)
Reflect The Current Structure Of The City And The Public Ethics Commission, And (D)
Clarify The Provisions Of The Act
17-0394
Sponsors: Public Ethics Commission
This Ordinance was Approved for Final Passage.
7.7
Subject:
CMEA MOU Ratification and Salary Ordinance Amendment
From:
Human Resources Management Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Provide Cost Of Living Adjustments To The
Salaries Of Certain Miscellaneous Employees Pursuant To The Memorandum Of
Understanding Between The City Of Oakland And The Confidential Management
Employees Association; The Cost Of Living Adjustments Shall Be As Follows: Increase
Of 4% Effective July 1, 2017; Increase Of 1% Effective January 1, 2019
17-0461
This Ordinance was Approved for Final Passage.
7.8
Subject:
IBEW MOU Ratification And Salary Ordinance Amendment
From:
Human Resources Management Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Provide Cost Of Living Adjustments To The
Salaries Of Certain Miscellaneous Employees Pursuant To The Memorandum Of
Understanding Between The City Of Oakland And The International Brotherhood Of
Electrical Workers; The Cost Of Living Adjustments Shall Be As Follows: Increase Of 4%
Effective July 1, 2017; Increase Of 1% Effective January 1,2019
17-0463
This Ordinance was Approved for Final Passage.
7.9
Subject:
Salary Ordinance Amendment For The Neighborhood Law Corps Attorney
From:
Office Of The City Attorney
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Amend The Salary Range For The
Classification Of Neighborhood Law Corps Attorney
18-0002
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to
the * Concurrent Meeting of the Oakland Redevelopment Successor Agency
and the City Council to be heard 2/6/2018
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
7.10
Subject:
Appointment To The Library Advisory Commission
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Sarah
McClung And Tyron Jordan As Members Of The Library Advisory Commission
18-0003
This City Resolution was Adopted.
S7.11
Subject:
Major Encroachment Permit at 1611 Clay Street
From:
Department Of Transportation
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major
Encroachment Permit To Yui Hay Lee And Suzie Lee, Trustees Of The Yui Hay And Suzie
Lee 2005 Family Trust To Allow Existing Structural Sidewalk And Sub-Surface Basement
At 1611 Clay Street To Encroach. Into The Public Right-Of-Way On Clay Street, Major
Encroachment Permit ENMJ17060
17-0389
This City Resolution was Adopted.
S7.12
Subject:
Major Encroachment Permit At 1937-1943 5th Avenue
From:
Department Of Transportation
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major
Encroachment Permit To Cleavon Smith, Tamara R. Dukes, Daniel Levy, And Sarah H.
Gailey To Allow Portions Of The Existing Building, Concrete Steps, And Retaining Wall At
1937-1943 5th Avenue To Encroach Into The Public Right-Of-Way Along E 20th Street,
Major Encroachment Permit ENMJ17059.
17-0390
Sponsors: Transportation Department
This City Resolution was Adopted.
S7.13
Subject:
Rehabilitation Of Sanitary Sewers
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Awarding A Construction Contract To Pacific
Trenchless, Inc., The Lowest Responsive, Responsible Bidder, For The On-Call Sanitary
Sewers Emergency Projects FY 2017-18 (Project No. 1000720) In Accordance With
Specifications For The Project And With Contractor's Bid In The Amount Of Two Million
Three Hundred Eighty-Seven Thousand Two Hundred Fifty Dollars ($2,387,250.00)
17-0401
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S7.14
Subject:
Begin Plaza Claim Settlement And Construction Contract Amendment
From:
Oakland Public Works
Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee
To 1) Accept, Appropriate And Allocate Professional Errors & Omission Claim Of Funds
In The Amount Of Two Hundred Forty-One Thousand Dollars ($241,000.00) For The
Begin Plaza Renovation Project (No. 1001028) And 2) Waive Further Competitive Bid
Processes And Amend The On-Call Construction Contract With Mcguire & Hester By An
Amount Not-To-Exceed Two Hundred Sixty-Five Thousand Dollars ($265,000.00)
Increasing The Contract From Seven Hundred Seventy-Five Thousand Dollars
($775,000.00) To One Million Forty Thousand Dollars ($1,040,000.00)
17-0386
Sponsors: Oakland Public Works Department
This City Resolution was Adopted.
S7.15
Subject:
Resolution To Issue RFP For Affordable Housing On Barcelona Parcel
From:
Councilmember Kaplan And Council President Reid
Recommendation: Adopt A Resolution Directing The City Administrator To Issue
A
Request For Proposals For The Development Of Affordable Housing On The 5.4 Acre
Parcel Of Land Owned By The City At Oak Knoll Known As The ""Barcelona"" Parcel
17-0371
Sponsors: Kaplan
This City Resolution was Adopted.
S7.16
Subject:
Recognized Obligation Payment Schedule 2018-19
From:
Finance Department
Recommendation: Adopt A Resolution Approving The Submission Of A Recognized
Obligation Payment Schedule And Successor Agency Administrative Budget For July 1,
2018, Through June 30, 2019, To The Oakland Oversight Board, The County And The
State
17-0479
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S7.17
Subject:
Agreement With Sequoia Nursery School Inc.
From:
Oakland Parks And Recreation Department
Recommendations: Adopt An Ordinance Authorizing The City Administrator To Execute
A License Agreement With Sequoia Nursery School, Inc. To Operate A Cooperative
Nursery School At The Sequoia Lodge For A Five-Year Term For A License Fee Of
$1,457.83 Per Month; And Amend The License Agreement For Two Consecutive
Five-Year Terms Without Returning To Council
17-0315
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to
the * Concurrent Meeting of the Oakland Redevelopment Successor Agency
and the City Council to be heard 2/6/2018
S7.18
Subject:
Agreement With Peter Pan Cooperative Nursery School Inc.
Froom:
Oakland Parks And Recreation Department
Recommendation: Adopt An Ordinance Authorizing The City Administrator To Execute A
License Agreement With Peter Pan Nursery School, Inc. To Operate A Cooperative
Nursery School At The Maxwell House And The Adjacent Play Area At Maxwell Park For
A Five-Year Term With A License Fee Of $1, 123.20 Per Month; And Amend The License
Agreement For Two Consecutive Five-Year Terms Without Returning To Council
17-0318
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the * Concurrent Meeting of the Oakland Redevelopment Successor Agency
and the City Council to be heard 2/6/2018
S7.19
Subject:
Amendment To HSD MOU With OUSD To Increase Student Attendance
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Execute An
Amendment To The Memorandum Of Understanding Between The City And The Oakland
Unified School District To Reduce Chronic Absenteeism And Increase Student
Attendance In Order To Extend The Agreement For Fiscal Years 2017-2018 And
2018-2019 For The Provision Of Two Case Manager Positions
17-0405
A motion was made by Dan Kalb, seconded by Rebecca Kaplan, that this matter
be Adopted. The motion carried by the following vote:
Excused: 1 - Gallo
Aye: 6 - Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
No: 1 - - Brooks
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S7.20
Subject:
City of Oakland Joint Powers Authority (JPA) Contribution
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Enter Into
An Agreement With The Youth Ventures Joint Powers Authority (JPA) Through Its Fiscal
Agent Marcus A Foster Educational Institute Dba Marcus Foster Education Fund
(MFEF), In The Amount Of $150,000 Per Year For Fiscal Years 2017-2018 And
2018-2019, For The City Of Oakland's Annual Contribution To The JPA
17-0478
This City Resolution was Adopted.
S7.21
Subject:
City Alignment With ACLUs Model Law Enforcement Policies And Rules
From:
Council President Pro Tempore Guillén
Recommendation: Receive An Informational Report From The Oakland Police
Department (OPD) On To What Extent The City Of Oakland's Existing Law Enforcement
Policies And Rules Align With The American Civil Liberties Union (ACLU) Freedom
Cities Nine Model State And Local Law Enforcement Policies And Rules
16-1012
Sponsors: Guillén
This Informational Report was Received and Filed.
S7.22
Subject:
ACDAO HEAT Taskforce MOU
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee
To Negotiate And Enter Into A Memorandum (MOU) Between The Oakland Police
Department (OPD) And Alameda County District Attorney's Office (ACDAO) Human
Exploitation And Trafficking (Heat) Taskforce For The Purpose Of Bringing Together
Local, State, Federal Government And Non-Governmental Agencies To Improve The
Safety And Recovery Outcomes For Victims Of Sex-Trafficking And Labor-Trafficking,
And To Hold Traffickers Accountable, For The Period Of October 1,2017 Through
October 1, 2020
17-0398
Sponsors: Oakland Police Department
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S7.23
Subject:
Sexual Assault Victim Services MOU
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or Designee
To Enter Into A Memorandum Of Understanding (MOU) Between The Alameda County
Health Care Services (Ahs) Sexual Assault Response And Recovery Team (SARRT) And
The Oakland Police Department (OPD) To Provide Comprehensive Services To Victims
Of Sexual Assault, Between September 1, 2017 And August 31, 2020
17-0397
Sponsors: Oakland Public Works Department
This City Resolution was Adopted.
8
ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS
No final decisions were made during Closed Session
A motion was made by Abel J. Guillén, seconded by Annie Campbell
Washington, that this matter be Accepted. The motion carried by the following
vote:
Excused: 1 - Gallo
Aye: 7 - Brooks, Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
COMMENCING AT 6:30 P.M., OR AS SOON AS REASONABLY PRACTICABLE
THEREAFTER, THE NON - CONSENT CALENDAR PORTION OF THE AGENDA:
9
CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING
REQUIREMENTS:
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
Items 11 and 12 were taken together
City of Oakland
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OaklandRedevelopmentSuccessorAgencyandtheCityCouncil,2018-01-16,"* Concurrent Meeting of the
Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
S11
Subject:
HSI/ICE Raid In West Oakland On August 16, 2017
From:
Councilmembers Brooks And Kaplan
Recommendation: Receive A Report And Recommendation Regarding The HSI/ICE
Raid In West Oakland On August 16, 2017. Said Report Shall Include 1.) A Chronological
Timeline And Review Of The August 16, 2017 HIS/ICE Raid; 2.) The Date The OPD/ICE
Memorandum Of Understanding Was Officially Terminated; 3.) Specifically Set Forth Any
And All Oakland Police Department Involvement In, And Tasks, At The HIS/ICE West
Oakland Raid On August 16, 2017; 4.) Number Of Officers And Associated Cost Of OPD
Involvement; 5.) Respond To Each Question Raised In The Privacy Commission's Memo
Dated October 5, 2017; And 6.) Recommendations For Improvement In Transparency,
And Compliance With Council Approved Policy Regarding Involvement With ICE
17-0252
Sponsors: Ms. Brooks and Kaplan
There were 12 speakers on this item
A motion was made that this matter be Approved. The motion carried by the
following vote:
Excused: 1- - Gallo
Aye: 7 - Brooks, Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
S12
Subject:
Resolution Clarifying And Reaffirming Policy On Non-Cooperation With ICE
From:
Councilmembers Kaplan, Brooks And Gallo
Recommendation: Adopt A Resolution Supplementing And Amending Resolutions
63950, 80584 And 86498 In Order To Strengthen The Policy Of The City Of Oakland Not
To Cooperate With Or Provide Support For Immigration And Customs Enforcement
Actions
17-0370
Sponsors: Kaplan, Gallo and Ms. Brooks
A motion was made that this matter be Adopted. The motion carried by the
following vote:
Excused: 1 - Gallo
Aye: 7 - Brooks, Campbell Washington, McElhaney, Guillén, Kalb, Kaplan, and Reid
NO VOTE: 0
CONTINUATION OF OPEN FORUM
City of Oakland
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Meeting Minutes - FINAL
January 16, 2018
Oakland Redevelopment Successor
Agency and the City Council
ADJOURNMENT OF COUNCIL SESSION
(Meeting Shall Conclude No Later Than 12:00 A.M., Unless Extended By Majority Vote Of
The Council)
There being no further business, and upon the motion duly made, the Council
adjourned the meeting in memory of Ruby Atkins, Rachel Townsend and Paul
Fields 9:09 p.m.
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City of Oakland
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