body,date,text,page,path
OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"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
Special Concurrent Meeting of the
Oakland Redevelopment Successor
Agency/City Council
Tuesday, November 19, 2019
4:30 PM
City Council Chamber, 3rd Floor
DEFINITION OF TERMS:
Consent Item: any action item that a subject matter Committee has forwarded to the
full Council with unanimous recommendation for approval and is not controversial,
and does not have a high level of public interest as determined by the Rules
Committee.
Non-Consent Item: any action that a subject-matter Committee has forwarded to the
full Council without unanimous recommendation for approval, or having a high level of
public interest, or is controversial as determined by the Rules Committee.
Action Item: any resolution, ordinance, public hearing, motion, or recommendation
requiring official vote and approval of the City Council to be effective.
Informational Item: an item of the agenda consisting only of an informational report
that does not require or permit Council action.
1
PLEDGE OF ALLEGIANCE
The Special 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 4:37 p.m.
2
ROLL CALL / CITY COUNCIL
Present 8 - Dan Kalb, Larry Reid, Lynette McElhaney, Noel Gallo, Sheng Thao, Loren Taylor,
Nikki Bas, and Rebecca Kaplan
3
OPEN FORUM / CITIZEN COMMENTS (Time Available: 15 Minutes)
14 speakers spoke during Open Forum.
City of Oakland
Page 1
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
4
ACTIONS ON SPECIAL ORDERS OF THE DAY
(Ceremonial Presentations, Reports/Presentations From The Mayor,
Council Acknowledgements/Announcements)
Vice Mayor Reid took a point of personal privilege and requested that the meeting
be adjourned in memory of Mark Gagliardi and Raymond Chang. Council
President Kaplan and President Pro Tempore Kalb requested to be associated with
these adjournment
Councilmember Taylor took a point of personal privilege and requested that the
meeting be adjourned in memory of Misty Smith Wilton
Councilmember Thao took a point of personal privilege and requested that the
meeting be adjourned in memory of Xy Lee, Phia Vang, Kou Xiong, Kalaxiong
Thao, Trevor Leopold and Victims of Saugus High School Mass Shooting
Councilmember McElhaney took a point of personal privilege and requested that
the meeting be adjourned in memory of T'Shonti Rollerson
5
APPROVAL OF THE DRAFT MINUTES FROM THE MEETING OF NOVEMBER 5,
2019
18-2433
Attachments: View Report
There were 2 speakers on this item
A motion was made by Noel Gallo, seconded by Sheng Thao, that this matter be
Approved. The motion carried by the following vote:
Aye: 8 - Kalb, Reid, McElhaney, Gallo, Thao, Taylor, Bas, and Kaplan
NO VOTE: 0
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):
Councilmember Taylor requested to have 9.5 to be heard after item 9.1
7
CONSENT CALENDAR (CC) ITEMS:
There were 11 speakers on this item
Approval of the Consent Agenda
A motion was made to approve the Consent Agenda. The motion carried by the
following vote:
Aye: 8 - - Kalb, Reid, McElhaney, Gallo, Thao, Taylor, Bas, and Kaplan
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
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
18-2434
Attachments: View Report
87920 CMS
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
18-2435
Attachments: View Report
87921 CMS
This City Resolution was Adopted.
7.3
Subject:
Declaration Of A Local Emergency On Homelessness
From:
Council President Kaplan
Recommendation: Adopt A Resolution Renewing And Continuing The City Council's
Declaration Of A Local Emergency Due To The Existence Of The City's Homelessness
Crisis
18-2436
Attachments: View Report
87922 CMS
This City Resolution was Adopted.
City of Oakland
Page 3
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.4
Subject :
2019 Arbor Day Resolution
From:
Oakland Public Works Department
Recommendation: Adopt A Resolution Proclaiming Thursday, November 21, 2019, To
Be The City Of Oakland's Arbor Day 2019 And Authorizing An Official Tree Planting
Ceremony At Defremery Park
18-2425
Attachments: View Report
87923 CMS
This City Resolution was Adopted.
7.5
Subject:
Bicyclist And Pedestrian Advisory Commission
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Grey
Gardner, Patricia Schrader, And Diane Yee To The Bicyclist And Pedestrian Advisory
Commission
18-2459
Attachments: View Report
87924 CMS
This City Resolution was Adopted.
7.6
Subject:
Sugar-Sweetened Beverage Distribution Tax Board
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's Appointment Of Pamela
Alston, Raphael Breines, And Michael Hammock As Members Of The Sugar-Sweetened
Beverage Distribution Tax Community Advisory Board
18-2460
Attachments: View Report
87925 CMS
This City Resolution was Adopted.
City of Oakland
Page 4
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.7
Subject:
Youth Advisory Commission
From:
Office Of The Mayor
Recommendation: Adopt A Resolution Confirming The Mayor's (1) Appointment Of
Yarency Lizbeth Avelar, Julia Basch, Francesca Berlow, Brandon Frith, Aa'jahlee-Soleil
Long, Nia Mcmillan, Alessandra Mohar, Ahmed Muhammad, Kimora Oliver, Jessica
Ramos, Benjamin Salop, Jiahui Su, Barrett Valentine, And Harper Valentine; And (2)
Reappointment Of Ivan Garcia And Maxwell Stern, As Members Of The Youth Advisory
Commission
18-2461
Attachments:
View Report
87926 CMS
This City Resolution was Adopted.
7.8
Subject:
IFPTE Local 21 MOU
From:
Office Of The City Administrator
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Provide A 1% Wage Increase To The Salary
Schedule Of Represented Units In TA1, TF1, TM2, TW1, UH1, UM1, UM2, TM1, And U41
Effective The First Full Pay Period After July 1, 2019; 2) Provide A 1% Wage Increase To
The Salary Schedule Of Represented Units In TA1, TF1, TM2, TW1, UH1, UM1, UM2,
TM1, AND U41 Effective The First Full Pay Period After November 1, 2019; 3) Provide A
2% Wage Increase To The Salary Schedule Of Represented Units In TA1, TF1, TM2,
TW1, UH1, UM1, UM2, TM1, AND U41 Effective The First Full Pay Period After July 1,
2020; 5) Provide A 1% Wage Increase To The Salary Schedule Of Represented Units In
TA1, TF1, TM2, TW1, UH1, UM1, UM2, TM1, AND U41 Effective The First Full Pay
Period After January 1, 2021
18-2390
Attachments: View Report
13567 CMS
This Ordinance was Approved for Final Passage.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.9
Subject:
SEIU Local 1021 MOU
From:
Office Of The City Administrator
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Provide A 1% Wage Increase To The Salary
Schedule Of Represented Units In SB1, SC1, SD1, And SI1 Effective The First Full Pay
Period After July 1, 2019; 2) Provide A 1% Wage Increase To The Salary Schedule Of
Represented Units In SB1, SC1, SD1, And SI1 Effective The First Full Pay Period After
November 1, 2019; 3) Provide A 1% Wage Increase To The Salary Schedule Of
Represented And Unrepresented Units In SB1, SC1, SD1, SI1, IE1, TV1, U31, CON Tl1,
U51, US1, UG1, UP1, UK1, And UK2 Effective The First Full Pay Period After January 1,
2020; 4) Provide A 2% Wage Increase To The Salary Schedule Of Represented Units In
SB1, SC1, SD1, And SI1 Effective The First Full Pay Period After July 1, 2020; 5)
Provide A 1% Wage Increase To The Salary Schedule Of Represented And
Unrepresented Units In SB1, SC1, SD1, SI1, IE1, TV1, U31, CON, TL1, U51, US1, UG1,
UP1, UK1, And UK2 Effective The First Full Pay Period After January 1, 2021
18-2392
Attachments: View Report
13568 CMS
This Ordinance was Approved for Final Passage.
7.10
Subject:
Salary Ordinance Amendment For Various Classifications
From:
Human Resources Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Add The Full-Time Classification Of Fire
Inspection Supervisor, To Add The Permanent Part-Time And Part-Time Classification
Equivalents Of Special Assistant To The Mayor III, And To Amend The Salary Format For
Deputy Chief Of Violence Prevention
18-2300
Attachments: View Report
13569 CMS
This Ordinance was Approved for Final Passage.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.11
Subject:
Salary Amendments For Certain Unrepresented Employees
From:
Human Resources Management Department
Recommendation: Adopt An Ordinance Amending Ordinance No. 13543 C.M.S., Which
Amended The Salary Schedule Of Ordinance No. 12187 C.M.S. (""Salary Ordinance""), To
Correct The Salary Information For Certain Unrepresented Employees In
Representational Units Ur1 (Fire Chief) And Uu1 (Deputy Chief And Assistant Chief Of
Fire)
18-2426
Attachments: View Report
13570 CMS
This Ordinance was Approved for Final Passage.
7.12
Subject:
Vacant Property Tax Implementation Ordinance & Administration
From:
Finance Department
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Title 4,
Chapter 4.56 To Clarify And Further Define Various Sections Of The Oakland Vacant
Property Tax And Establish A Method For Identifying Vacant Property
18-2201
Attachments: View Report
View Supplemental Report 10/11/2019
View Supplemental Report 11/15/2019
13571 CMS
A motion was made by Noel Gallo, seconded by Dan Kalb, that this matter be
Approved for Final Passage. The motion carried by the following vote:
Aye: 6 - Kalb, Gallo, Thao, Taylor, Bas, and Kaplan
No: 2- - Reid, and McElhaney
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.13
Subject:
Francisco & Associates, Inc. Contract Amendment- District Engineer
From:
Finance Department
Recommendation: Adopt A Resolution Approving 1) Amendment Of A Professional
Services Agreement Regarding Engineering Services For Various Local Measures With
Francisco & Associates, Inc. To Increase The Not-To-Exceed Contract Amount To Five
Hundred Fifty Thousand Dollars ($550,000.00); 2) Extension Of The Term Of The
Agreement To Calendar Year 2023 And, If Appropriate, For Two Additional Years; And 3)
Waiver Of Advertising, Competitive Bidding, And Request For Proposals/Qualifications
Selection Requirements
18-2429
Attachments: View Report
87927 CMS
This City Resolution was Adopted.
7.14
Subject:
Major Encroachment Permit At 1919 Market Street
From:
Transportation Department
Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major
Encroachment Permit To CC1919 Market, L.P., To Allow Portions Of The Existing
Building Above Grade And New Canopies At 1919 Market Street To Encroach Into The
Public Right-Of-Way On Market Street And Myrtle Street, Major Encroachment Permit
ENMJ19191
18-2368
Attachments: View Report
87928 CMS
This City Resolution was Adopted.
7.15
Subject:
Leimart Boulevard Bridge Retrofit Project
From:
Transportation Department
Recommendation: Adopt A Resolution Waiving Further Competitive Request For
Proposal (RFP) Requirements And Increasing The Contract With Biggs Cardosa
Associates By Two Hundred Forty-Nine Thousand Four Hundred Nine Dollars And
Twenty Cents ($249,409.20) For A Total Contract Amount Not-To-Exceed One Million
Five Hundred Thirty Thousand Two Hundred Seventy-Nine Dollars And Twenty Cents
($1,530,279.20) For The Leimert Boulevard Bridge Seismic Retrofit Project
18-2428
Attachments: View Report
87929 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.16
Subject:
Predevelopment Loan Authorization For 1707 Wood Street
From:
Housing And Community Development Department
Recommendation: Adopt A Resolution Authorizing The City Administrator Or His Or Her
Designee To Enter Into Two Unsecured Predevelopment Loans Not To Exceed A
Combined Total Amount Of $650,000 From The Affordable Housing Trust Fund (Fund
1870); One Loan To Midpen Housing Corporation And One Loan To Habitat For
Humanity East Bay/Silicon Valley, Inc. To Support The Development Of Affordable
Housing At The City-Owned Property Located At 1707 Wood Street Between 18th And
20th Streets; And Making California Environmental Quality Act Findings For This Action
18-2383
Attachments: View Report
87930 CMS
This City Resolution was Adopted.
7.17
Subject:
Updating The Oakland Building Maintenance Code
From:
Planning & Building Department
Recommendation: Adopt An Ordinance (1) Repealing The Oakland Building
Maintenance Code (Oakland Municipal Code 15.08) And (2) Reenacting The Oakland
Building Maintenance Code With Amendments To Conform To The 2019 California
Building Standards Code And Adopting CEQA Exemption Findings
18-2373
Attachments: View Report
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council to be heard 12/10/2019
7.18
Subject:
Montclair BID Annual Report And Intention To Levy FY 2020-2021 Assessment
From:
Economic And Workforce Development Department
Recommendation: Adopt A Resolution: 1) Approving The Annual Report Of The Montclair
Business Improvement District Advisory Board; 2) Declaring The Intention To Levy And
Collect An Annual Assessment For Fiscal Year 2020-2021 For The Montclair Business
Improvement District; And 3) Scheduling A Public Hearing For December 10, 2019
18-2370
Attachments: View Report
87931 CMS
This City Resolution was Adopted.
City of Oakland
Page 9
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.19
Subject:
Rockridge BID Annual Report And Intention To Levy FY 20-21
From:
Economic And Workforce Development Department
Recommendation: Adopt A Resolution: 1) Approving The Annual Report Of The
Rockridge Business Improvement District Advisory Board; 2) Declaring The Intention To
Levy And Collect An Annual Assessment For Fiscal Year 2020-2021 For The Rockridge
Business Improvement District; And 3) Scheduling A Public Hearing For December 10,
2019
18-2371
Attachments:
View Report
87932 CMS
This City Resolution was Adopted.
7.20
Subject:
Affordable Housing Impact Fees
From:
Council President Kaplan
Recommendation: Adopt Resolution Requesting The City Administrator Or Designee To
Include 1) All Affordable Housing Impact Fees Deposited Into The Affordable Housing
Trust Fund Up To And During This Fiscal Year Through December 31, 2019, To The
Extent Not Previously Allocated, In The Next Allocation Request Submitted To The City
Council For Approval Pursuant To Chapter 15.62.050, And 2) All Such Approved
Allocations In The Next Notice Of Funds Availability (NOFA) Issued By The City
Administrator
[TITLE CHANGE]
18-2212
Attachments: View Report
View Supplemental Report 11/1/2019
View Supplemental Legislation 11/15/2019
87933 CMS
This City Resolution was Adopted.
City of Oakland
Page 10
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Recreation & Youth Development Department Jack London Aquatic Center Launch Dock
Replacement Project
18-2379
Attachments: View Report
87935 CMS
This City Resolution was Adopted.
City of Oakland
Page 11
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.23
Subject:
Fiscal Year 2019 Urban Search And Rescue (US&R) Grant Funding
From:
Oakland Fire Department
Recommendation: Adopt A Resolution: (1) Authorizing The City Administrator, Or Her
Designee To: (A) Enter Into An Agreement With The Federal Emergency Management
Agency (FEMA) For Receipt Of 2019 Urban Search And Rescue (US&R) Grant Funds In
The Amount Of One Million Two Hundred Thirty-Five Thousand And One Hundred Four
Dollars ($1,235,104) And Supplemental Funding Not To Exceed Fifty Percent (50%) Of
Said Amount, For Operational Costs And Equipment Purchase For The Fire
Department's US&R Task Force (US&R Task Force); (B) Expend Said Grant Funds In
Accordance With The Preliminary Spending Plan Without Further Council Approval; (2)
Accepting And Appropriating Said FEMA Grant For US&R Task Force; (3) Waiving The
City's Purchasing Requirements For Procurement Of US&R Task Force Equipment
When Required By Said Grant; And (4) Authorizing Use Of The General Purpose Fund To
Cover The Cost Of Internal Service Fund Charges Affiliated With Said Grant
18-2350
Attachments: View Report
87936 CMS
This City Resolution was Adopted.
7.24
Subject:
OPD ShotSpotter Privacy Policy
From:
Oakland Police Department
Recommendation: Adopt A Resolution Approving The Oakland Police Department
(OPD) Gunshot Location Detection (GLD) Use Policy And Surveillance Impact Report
18-2377
Attachments: View Report
View Supplemental Report 11-7-2019
87937 CMS
This City Resolution was Adopted.
City of Oakland
Page 12
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.25
Subject:
Citizens Options For Public Safety Grant Fiscal Year 2019
From:
Oakland Police Department
Recommendation: Adopt A Resolution Authorizing The City Administrator, Or Designee,
To:1) Accept And Appropriate The Fiscal Year (FY) 2019 State Of California ""Citizens
Options For Public Safety And Multi-Agency Juvenile Justice Funds' (State Cops Grant
XXII) Allocation In The Amount Of Six Hundred Fifty-Six Thousand Seventy Dollars
($656,070) Plus Accrued Interest Earnings Of Up To Ten Thousand Dollars For A Total
Amount Not To Exceed Six Hundred Sixty-Six Thousand Seventy Dollars ($666,070), To
Fund Helicopter Maintenance And Purchase Equipment, Including Pursuit Management
Technology, Security Cameras, Van Alarms, Evidence Lockers, And
Technology/Computer Upgrades; And 2) Waive The City's Competitive Advertising And
Bidding Requirements To Allow OPD To Enter Into A Contract With Starchase To
Purchase Pursuit Management Technology Fora Total Amount Not To Exceed One
Hundred Seventy-Five Thousand Dollars
18-2381
Attachments: View Report
View Supplemental Report 11-7-2019
87938 CMS
This City Resolution was Adopted.
7.26
Subject:
Pursuit Mitigation System Privacy Policy
From:
Oakland Police Department
Recommendation: Adopt A Resolution Approving The Oakland Police Department
(OPD) Pursuit Mitigation System Use Policy And Surveillance Impact Report
18-2382
Attachments: View Report
View Supplemental Report 11-7-2019
87939 CMS
This City Resolution was Adopted.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
7.27
Subject:
Designating Wildfire Prevention A Top Priority For The City Of Oakland
From:
Councilmember Thao
Recommendation: Adopt A Resolution Designating Wildfire Prevention A Top Priority
For The City Of Oakland And Requesting The City Administrator To Present A
Comprehensive Report To The Public Safety Committee That Addresses Oakland's
Wildfire Prevention Strategies And Planning For Oakland's Wildland Urban Interface
18-2424
Attachments: View Report
View Supplemental Report 11-7-2019
87940 CMS
This City Resolution was Adopted.
7.28
Subject:
Salary Ordinance Amendment
From:
Human Resource Management Department
Recommendation: Adopt An Ordinance Amending The Salary Schedule Of Ordinance
No. 12187 C.M.S. (""Salary Ordinance"") To Provide A Wage Increase To Represented
Employees In Representation Units TA1, TF1, TM2, TW1, UH1, UM1, UM2, TM1, And
U41 Pursuant To The Tentative Agreement To The Memorandum Of Understanding
Between The City Of Oakland And The International Federation Of Professional And
Technical Engineers, Local 21; The Wage Increase Shall Be As Follows: An Increase Of
1% Effective The First Full Pay Period Following January 1, 2020
18-2463
Attachments: View Report
This Ordinance was Approved On Introduction and Scheduled for Final Passage.
to the Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council to be heard 12/10/2019
City of Oakland
Page 14
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
8
ORAL REPORT OF FINAL DECISIONS MADE DURING CLOSED SESSION &
DISCLOSURE OF NON-CONFIDENTIAL CLOSED SESSION DISCUSSIONS
The oral report from the Office of the City Attorney of 2 final decisions made during
Closed Session.
1. Ariel Spritzer-Satomi v The State of California Department of Transportation
(Caltrans), City of Oakland, and DOES 1-10, inclusive Alameda County Superior
Court Case No. RG16825731. The council authorized settlement in the amount of
$1,670,000.00 This case arose out of incidents occurring on October 19, 2015. The
Motion Authorizing the Settlement was Made by Councilmember Loren Taylor
Seconded by Vice Mayor Larry Reid, and passed with 8 Ayes
2. Oakland Police and Fire Retirement System - Captains and Deputy Chiefs
Holiday Pay Settlement. The Council authorized a settlement in which retired
police captains and deputy chiefs will receive 104 hours of holiday pay per year
until July 1, 2024 or until there are changes to the holiday provisions in the current
Oakland Police Management Association labor agreement. The Motion Authorizing
the Settlement was Made by Vice Mayor Larry Reid Seconded by President Pro
Tempore Dan Kalb, and passed with 8Ayes
There were 3 speakers on this item
A motion was made by Noel Gallo, seconded by Loren Taylor, that this matter be
Accepted. The motion carried by the following vote:
Aye: 8 - Kalb, Reid, McElhaney, Gallo, Thao, Taylor, Bas, and Kaplan
NO VOTE: 0
9
CONSIDERATION OF ITEMS WITH STATUTORY PUBLIC HEARING AT 6:30 P.M.:
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
9.1
Subject:
Local Amendments To 2019 California Model Building Construction Code
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following
Pieces Of Legislation:
1) A Resolution Of Findings Supporting Local Amendments To The 2019 Editions Of The
California Building Standards Code To Comply With Changes To State Law And
Adopting California Environmental Quality Act (CEQA) Exemption Findings; And
18-2374
Attachments: View Report
View Supplemental Report 11/8/2019
87941 CMS
Council President Kaplan made a scheduling motion seconded by Coucilmember
McElhaney to Scheduled The following at the 1st Community & Economic
Development Committee Meeting in January 2020: an analysis on Joint Live Works
Quarters in the California Building Standards Code
Upon the reading of Item 9.1 by the City Clerk, the Public Hearing was opened at
6:49 p.m.
25 individuals spoke on this item.
Councilmember Taylor made a motion, seconded by Councilmember Bas to close
the Public Hearing objections, the motion passed by 8 Ayes: Taylor, Thao, Gallo,
Bas, Kalb, Gibson McElhaney, Reid and President Kaplan
A motion was made by Lynette McElhaney, seconded by Nikki Bas, that this
matter be Adopted. The motion carried by the following vote:
Aye: 8 - Kalb, Reid, McElhaney, Gallo, Thao, Taylor, Bas, and Kaplan
NO VOTE: 0
City of Oakland
Page 16
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
Subject:
Local Amendments To 2019 California Model Building Construction Code
From:
Planning And Building Department
Recommendation: Adopt An Ordinance (1) Repealing The Oakland Amendments To The
2016 Edition Of The California Building Standards Code, (2) Adopting Local
Amendments To The 2019 Edition Of The California Building Standards Code, And (3)
Amending Oakland Municipal Code Chapter 15.04 To Comply With Changes To State
Law And Adopting CEQA Exemption Findings
18-2375
Attachments: View Report
View Supplemental Report 11/8/2019
Council President Kaplan made a scheduling motion seconded by Coucilmember
McElhaney to Scheduled The following item at the 1st Community & Economic
Development Committee Meeting in January 2020: An analysis on Joint Live Works
Quarters in the California Building Standards Code
Upon the reading of Item 9.1-2 by the City Clerk, the Public Hearing was opened at
6:49 p.m.
25 individuals spoke on this item.
Councilmember Taylor made a motion, seconded by Councilmember Bas to close
the Public Hearing objections, the motion passed by 8 Ayes: Taylor, Thao, Gallo,
Bas, Kalb, Gibson McElhaney, Reid and President Kaplan
A
motion was made by Loren Taylor, seconded by Nikki Bas, that this matter be
Approved On Introduction and Scheduled for Final Passage to go before the
Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council, to be heard 12/10/2019. The motion carried by the following
vote:
Aye: 8 - Kalb, Reid, McElhaney, Gallo, Thao, Taylor, Bas, and Kaplan
NO VOTE: 0
Subject:
Informational Report On Amendments To 2019 California Model Building
Code
From:
Council President Kaplan
Recommendation: Receive A Informational Report On Building Code Amendments For
Joint Live Work Quarters
18-2520
President Kaplan made a scheduling motion seconded by McElhaney to schedule
this item to 1st Community and Economic Development Committee in January
2020
This City Resolution be Referred.to go before the *Community & Economic
Development Committee
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
9.5
Subject:
Ordinance Amending Cannabis Business Tax Rates
From:
Pro Tempore Kalb And Council President Kaplan
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code Title 5,
Chapter 5.04, Section 5.04.480 And Section 5.04.481, To Create A Tiered And
Category Based Tax Structure For Cannabis Businesses, Merge Medical And
Non-Medical Cannabis Business Classifications, And Reduce Tax Rates For Cannabis
Businesses
18-1900
Attachments: View City Administrator Report
View Supplemental Report 5/3/2019
View Supplemental Finance Report 5/3/2019
View Supplemental Finance Report 5/10/2019
View Supplemental Legislation 5/17/2019
View Supplemental Finance Report 5/17/2019
View Supplemental Report 7/3/2019
View Report
View Supplemental Report - Kalb 7/3/2019
View Supplemental Report - Kalb 7/12/2019
View Supplemental Report 9/12/2019
View Supplemental Report - Kalb 10/4/2019
View Supplemental Report - Taylor 10/4/2019
View Supplemental Finance Report - 10/4/2019
View Supplemental Report - Taylor 10/18/2019
View Supplemental Report - Kaplan 10/18/2019
View Supplemental Report 10/17/2019
View Supplemental Report 11/1/2019
View Supplemental Report - Thao & Kalb 11/1/2019
View Supplemental Report - Thao & Kalb 11/15/2019
View Supplemental Report 11/26/2019
Upon the reading of Item 9.5 by the City Clerk, the Public Hearing was opened at
7:49 p.m.
16 individuals spoke on this item.
Councilmember Taylor made a motion as amended, seconded by Councilmember
McElhaney. Original Motion Failed due to prevailing substitute motion
Councilmember Kalb made a substitute motion as amended to approve the Thao &
Kalb 11/15/2019 Amendemnts and include the following:
City of Oakland
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November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
1) Requirement for city administrative or his/her designee to report back to council
at the end of each year on the state of the Cannabis industry in Oakland and the
performance of the equity program against its stated goals.
2) Change the title to reflect focus on equity.
3) In Year 1 10% is changes to 9.5%
4) Any cap om the incentives @12.5 million
Councilmember Taylor and McElhaney withdraw their motion.
The substitute motion was seconded by Councilmember Thao and by the same
motion closing the Public hearing and hearing no objections, the motion passed by
7 Ayes: Taylor, Thao, Bas, Kalb, Gibson McElhaney, Reid, President Kaplan and 1
No
A motion was made by Dan Kalb, seconded by Sheng Thao, that this matter be
Approved As Amended On Introduction and Scheduled for Final Passage to go
before the Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council, to be heard 12/10/2019. The motion carried by the following
vote:
Aye: 7 - - Kalb, Reid, McElhaney, Thao, Taylor, Bas, and Kaplan
No: 1 - Gallo
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
9.2
Subject:
Amendments To The Oakland Fire Code, Chapter 15.12
From:
Oakland Fire Department
Recommendation: Adopt An Ordinance (1) Repealing Current Oakland Municipal Code
Chapter 15.12, Oakland Fire Code, (2) Making Findings To Substantiate Modifications
To California Building Standards Code Due To Local Climatic, Geological Or
Topographical Conditions, (3) Adopting And Making Local Amendments To The 2019
Edition Of The California Fire Code, California Code Of Regulations Title 24, Part 9, And
(4) Recodifying Said Code At Oakland Municipal Code Chapter 15.12 As The Oakland
Fire Code And Adopting CEQA Exemption Findings
18-2380
Attachments: View Report
Upon the reading of Item 9.2 by the City Clerk, the Public Hearing was opened at
8:57 p.m.
5 individuals spoke on this item.
Councilmember McElhaney made a motion Seconded by Gallo to close the Public
Hearing and also directed staff to return in April 2020 to The Community &
Economic Development Committee with recommended revisions to the Oakland
Municipal Code Chapter 15.12 Oakland Fire Code. Seconded by Councilmember
Gallo to close the Public Hearing objections, the motion passed by 8 Ayes: Taylor,
Thao, Gallo, Bas, Kalb, Gibson McElhaney, Reid and President Kaplan
A motion was made by Lynette McElhaney, seconded by Noel Gallo, that this
matter be Approved On Introduction and Scheduled for Final Passage to go
before the Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council, to be heard 12/10/2019. The motion carried by the following
vote:
Aye: 8 - - Kalb, Reid, McElhaney, Gallo, Thao, Taylor, Bas, and Kaplan
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
9.3
Subject:
0 Mandela Parkway Appeal
From:
Planning And Building Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt One Of The
Following Three Options:
1) A Resolution Denying The Appeal By Unite Here Local 2850, And Thus Upholding The
Oakland Planning Commission's Approval Of 1) A Major Conditional Use Permit To
Construct A Six Story Building Consisting Of 220 Rooms Measuring Approximately
142,813 Square Feet Of Floor Area, 2) A Minor Conditional Use Permit For Transient
Habitation (Hotels) And Non-Residential Tandem Parking, 3) A Variance Of The Front
Setback And 4) Related California Environmental Quality Act (CEQA) Findings For The
Proposed Building Located At 0 Mandela Parkway Oakland Ca. (Project Case No.
PLN16394); Or
18-1391
Attachments: View Report
View Supplemental Report 11/15/2019
45 individuals spoke on this item.
Councilmember McElhaney made a motion Seconded by President Pro Tempore
Kalb to continue this item to the 2nd City Council meeting February 2020 with
direction to return with a supplemental report that include the following:
1. Analysis related to the impact on employees on the demanded for affordable
housing and Social Services in Oakland
2. Analysis of how many cities in Alameda County have the same Planning Code
Section
3. Measure Z Monitoring
A motion was made by Lynette McElhaney, seconded by Dan Kalb, that this
matter be Continued to go before the * Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the City Council. The motion carried by
the following vote:
Excused: 1 - Taylor
Aye: 7 - - Kalb, Reid, McElhaney, Gallo, Thao, Bas, and Kaplan
NO VOTE: 0
City of Oakland
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Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
Provided The City Council Can Make The Appropriate Findings:
2) A Motion To Direct Staff To Prepare A Resolution For Future City Council
Consideration To Deny the Appeal With Additional Conditions; Or
18-2464
Councilmember McEhaney made a motion Seconded by President Pro Tempore
Kalb to continue this item to the 2nd City Council meeting February 2020 with
direction to return with a supplemental report that include the following:
1. Analysis related to the impact on employees on the demanded for affordable
housing and Social Services in Oakland
2. Analysis of how many cities in Alameda County have the same Planning Code
Section
3. Measure Z Monitoring
A motion was made by Lynette McElhaney, seconded by Dan Kalb, that this
matter be Continued to go before the * Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the City Council. The motion carried by
the following vote:
Excused: 1 - Taylor
Aye: 7 - Kalb, Reid, McElhaney, Gallo, Thao, Bas, and Kaplan
NO VOTE: 0
3) A Motion To Direct Staff To Prepare A Resolution For Future City Council
Consideration To Uphold The Appeal
18-2465
Councilmember McEhaney made a motion Seconded by President Pro Tempore
Kalb to continue this item to the 2nd City Council meeting February 2020 with
direction to return with a supplemental report that include the following:
1. Analysis related to the impact on employees on the demanded for affordable
housing and Social Services in Oakland
2. Analysis of how many cities in Alameda County have the same Planning Code
Section
3. Measure Z Monitoring
A motion was made by Lynette McElhaney, seconded by Dan Kalb, that this
matter be Continued to go before the * Concurrent Meeting of the Oakland
Redevelopment Successor Agency and the City Council. The motion carried by
the following vote:
Excused: 1 - Taylor
Aye: 7 - Kalb, Reid, McElhaney, Gallo, Thao, Bas, and Kaplan
City of Oakland
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Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
NO VOTE: 0
Subject: Amendment To The MOU Between The City Of Oakland And IAF Local 55
From:
Councilmember Thao
Recommendation: Adopt A Resolution Approving An Amendment To Section 4.2 Of The
Memorandum Of Understanding Between The City Of Oakland And Internation
Association Of Firefighters Local 55 To Add An Additional Fire Engine, Accompanying
Staff Of One Officer, One Engineer, One Firefighter/ Paramedic, And One Firefighter,
And Two Additional Resource Officers.
18-2513
Councilmember Thao made a scheduling motion seconded by Council President
Kaplan to Scheduled The following at the 1st Public Safety Committee Meeting
in
January 2020:
Resolution Approving An Amendment To Section 4.2 Of The Memorandum Of
Understanding Between The City Of Oakland And Internation Association Of
Firefighters Local 55 To Add An Additional Fire Engine, Accompanying Staff Of
One Officer, One Engineer, One Firefighter/Paramedic And One Firefighter, And
Two Additional Resource Officers.
:
Excused: 1 - - Taylor
Aye: 6- - Kalb, McElhaney, Gallo, Thao, Bas, and Kaplan
Absent: 1 - - Reid
NO VOTE: 0
City of Oakland
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Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
14
Subject:
Business Tax Exemption For Small Landlords
From:
President Pro Tempore Kalb And Councilmember Gallo
Recommendation: Adopt An Ordinance Amending The Oakland Municipal Code,
Chapter 5.04, Section 5.04.420, To Fully Or Partially Exempt From The Business Tax On
Residential Property Rentals Those Landlords With Household Income Of 150 Percent Of
Area Median Income Or Less Who Rent Out: (1) Three Or Fewer Rooms In Their Single
Family Home Of Personal Residence; Or (2) A Unit From Their Owner-Occupied Duplex,
Or Single-Family Home With One Or Two Accessory Dwelling Unit(S)
18-1769
Attachments: View Report
View Finance Report
View Supplemental Report 6/7/2019
View Kalb Supplemental Report 10/10/2019
View Kaplan Supplemental Report 10/18/2019
View Supplemental Report 10/17/2019
View Supplemental Report 11-7-2019
View Supplemental Report 11-26-2019
Councilmember Thao made a motion seconded by President Pro Tempore Kalb to
approve the recommendation with the following amendments:
1. Page 3 of the legislation, Item D(b) strike the 2 year and add 1 year
2. Section 9, make clarifying language change for rebate in the first year and
exemption in the second year
A motion was made by Sheng Thao, seconded by Dan Kalb, that this matter
be
Approved On Introduction and Scheduled for Final Passage to go before the
Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council, to be heard 12/10/2019. The motion carried by the following
vote:
Excused: 1 - - Taylor
Abstained: 1 - - McElhaney
Aye: 5 - - Kalb, Gallo, Thao, Bas, and Kaplan
Absent: 1 - - Reid
NO VOTE: 0
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
9.4
Subject:
Amendments To OMC 15.24 Earthquake Damaged Structures
From:
Planning And Building Department
Recommendation: Adopt An Ordinance Amending Oakland Municipal Code, Chapter
15.24, Entitled Earthquake Damaged Structures, Delegating To The City Administrator or
Designee The Authority To Establish An Administrative Regulatory Program For
Abatement And Upgrade Of Earthquake Damaged Structures, Which Program May Be
Updated As Needed In Response To Changes In Laws, Codes, Or Local Circumstances
18-2372
Attachments: View Report
Upon the reading of Item 9.4 by the City Clerk, the Public Hearing was opened at
11:45 p.m.
6 individuals spoke on this item.
Councilmember Gallo made a motion, seconded by Councilmember Kaplan to
close the Public Hearing objections, the motion passed by 5 Ayes: Gallo, Bas, Kalb,
Gibson McElhaney, President Kaplan, 2 Excused Taylor and Thao, 1 Absent Reid
A motion was made by Noel Gallo, seconded by Rebecca Kaplan, that this matter
be Approved On Introduction and Scheduled for Final Passage to go before the
Special Concurrent Meeting of the Oakland Redevelopment Successor
Agency/City Council, to be heard 12/10/2019. The motion carried by the following
vote:
Excused: 2 - Thao, and Taylor
Aye: 5- - Kalb, McElhaney, Gallo, Bas, and Kaplan
Absent: 1 - Reid
NO VOTE: 0
ACTION ON OTHER NON-CONSENT CALENDAR ITEMS:
10
THIS NUMBER INTENTIONALLY NOT USED
City of Oakland
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November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
12
Subject:
Eliminate Obsolete Requirements For The City's Official Newspaper
From:
Council President Kaplan
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting To
The Voters At The March 3, 2020 Special Municipal Election, An Amendment To City
Charter Article XII, Section 1205, To Eliminate Obsolete Requirements For Designating
The City's Official Newspaper And Requiring That The Council Establish By Ordinance
Requirements For Designating The City's Official Newspaper Or Newspapers, And
Directing The City Clerk To Take All Actions Necessary Under Law To Prepare For And
Conduct A March 3, 2020 Municipal Election
18-2349
Attachments:
View Report
87942 CMS
There was 1 speakers on this item
A motion was made by Lynette McElhaney, seconded by Noel Gallo, that this
matter be Adopted. The motion carried by the following vote:
Excused: 2 - Thao, and Taylor
Aye: 5 - Kalb, McElhaney, Gallo, Bas, and Kaplan
Absent: 1 - - Reid
NO VOTE: 0
13
Subject:
Ballot Measure - Appropriations Limit Increase
From:
Finance Department
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting To
The Voters At A March 3, 2020 Municipal Election, An Ordinance To Increase The
Appropriation Limit For Fiscal Years 2020-21 Through 2023-24 To Allow The City To
Expend Funds Collected From Eight Voter-Approved General And Special Tax, Ballot
Measures - For Emergency Medical Services, Paramedic Services, Library Services,
Public Safety And Violence Prevention Services, Homeless Services And Other Lawful
Governmental Purposes; And Directing The City Clerk To Take All Actions Necessary
Under Law To Prepare For And Conduct A March 3, 2020 Municipal Election
18-2243
Attachments: View Report
View Supplemental Report 11/1/2019
87943 CMS
There were 5 speakers on this item
A motion was made by Dan Kalb, seconded by Lynette McElhaney, that this
matter be Adopted. The motion carried by the following vote:
Excused: 2- Thao, and Taylor
City of Oakland
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November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
Aye: 5- - Kalb, McElhaney, Gallo, Bas, and Kaplan
Absent: 1 - Reid
NO VOTE: 0
11
Subject:
Resolution Calling Special Election For March 3, 2020
From:
Office Of The City Clerk
Recommendation: Adopt A Resolution: 1) Calling And Giving Notice For The Holding Of
A Special Municipal Election On Tuesday March 3, 2020 For The Purpose Of Submitting
To The Electors Of The City Of Oakland Proposed Measures; 2) Requesting
Consolidation Of The City Of Oakland Special Municipal Election With The Statewide
Primary Election To Be Held On March 3, 2020; And 3) Authorizing And Directing The
City Clerk To Take All Actions Necessary For The Special Municipal Election In
Accordance With Applicable Legal Requirements
18-2458
Attachments: View Report
87944 CMS
A motion was made by Noel Gallo, seconded by Dan Kalb, that this matter be
Adopted. The motion carried by the following vote:
Excused: 2- - Thao, and Taylor
Aye: 5 - Kalb, McElhaney, Gallo, Bas, and Kaplan
Absent: 1 - - Reid
NO VOTE: 0
CONTINUATION OF OPEN FORUM
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 Mark Gagliardi, Raymond Chang, Misty
Smith Walton, T'Shonti Rollerson, Xy Lee, Phia Vang, Kou Xiong, Kalaxiong Thao,
Trevor Leopold and Victims of Saugus High School Mass Shooting at 12:04 a.m.
City of Oakland
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil,2019-11-19,"Special Concurrent Meeting of the
Meeting Minutes - FINAL
November 19, 2019
Oakland Redevelopment Successor
Agency/City Council
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.
Office of the City Clerk - Agenda Management Unit
Phone: (510)238-6406
Fax: (510) 238-6699
Recorded Agenda: (510) 238-2386
Telecommunications Display Device: (510)238-3254
THE HANGING OF BANNERS, POSTERS, SIGNS, OR ANY MATERIAL ON OR OVER THE
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THOSE ATTENDING MEETINGS.
MATERIALS RELATED TO ITEMSONTHIS AGENDA SUBMITTEDTOTHE 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
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City of Oakland
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