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City Council Mum After Exposure of Confidential Legal Opinion

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The Oakland City Council was uncharacteristically at a loss for words this week after public exposure that it had moved ahead on a controversial sale of city property near Lake Merritt to UrbanCore Development, ignoring the confidential legal opinion of its own attorney.

 

The council had approved the sale of the property in a 6-0 vote last month, and the motion was scheduled for final approval at Tuesday night’s council meeting and was expected to be a formality.

 

But without a word of explanation, councilmembers pulled the final decision from the agenda. They never once referred to the exposure of the city attorney’s legal opinion, though it was discussed by a number of speakers at the meeting.

 

The final vote was postponed to the council’s July 21 meeting.

 

Oakland City Attorney Barbara Parker’s written opinion, issued on Feb. 17, had warned councilmembers their plan to sell the parcel across from the lake on East 12th Street to build a 315-unit luxury apartment tower would be in violation of state law – California’s Surplus Land Act.

 

In the confidential document that was obtained by the East Bay Express and released Monday, Parker told the council that the East 12th Street parcel “qualifies as surplus land, and the California Surplus Land Act requires the city to offer the property to ‘preferred entities’ designated in the act, for 60 days before agreeing to convey the property to UrbanCore.”

 

Under the law, the developer would be required “to rent or sell at least 15 percent of project units to lower income households at an affordable rent or housing cost,” according to Parker’s written opinion.

 

The deal approved by the council on June 17 would sell the property to UrbanCore for $5.1 million, plus an additional $8 million to build other affordable housing elsewhere in Oakland with some additional community benefits. None of the units in the proposed building would be rented at a rate affordable to most Oakland residents.

 

One of those who spoke at the council meeting on Tuesday night was David Zisser, an attorney at Public Advocates, which is representing the community members who are fighting the sale of the property.

 

“We were not surprised by the city attorney’s opinion,” he said. “After all, we have been saying the same thing for months.”

 

“What is surprising is that the council decided to go ahead with the sale anyway,” he said, adding that he was glad councilmembers had pulled the property sale from the agenda.

 

Local resident Oscar Fuentes criticized City Attorney Parker, an elected official, for keeping silent – never revealing her legal opinion to the public.

 

Robbie Clark. Photo by Tulio Ospina.

Robbie Clark. Photo by Tulio Ospina.

“Wasn’t the city attorney obligated by her duty to the City of Oakland to give (the people) her actual interpretation of the law? I think the people deserve an answer,” he said.

 

Robbie Clark, an activist in local fights in opposition to gentrification and displacement, said that the council’s Lake Merritt property deal “is the kind of decision that helps gentrification continue.”

 

Instead of selling public property for private development, the city needs to “set aside land for affordable housing,” Clark said. “Those are the kinds of laws we need to enforce.”

 

“It’s hard to say we’re going to crack down on crime when some of that crime comes down from the city,” said Josh Healey, Eastlake resident.

 

One city hall observer stated, “Barbara Parker is supposed to be the city’s ultimate watchdog as city attorney. But since she is not seeking re-election, she doesn’t care enough to save taxpayers money and legal hardship.”

 

“If she were running again, she would be hyper-vigilant rather than denying the public its right to know what is going on,” according to the observer.

 

In an interview with the Post this week, Monica García, a member of the neighborhood group Eastlake United for Justice, spoke about her organization’s reaction to the exposure of Parker’s opinion.

 

“I’m shocked to see this in black and white, knowing that City Councilmembers went against their own legal opinion,” she said.

 

“As taxpayers, we want to know why they’d go against it,” she said, “It’s the taxpayers who pay every time the city loses a lawsuit.”

 

In addition to postponing the vote on the property sale, the council should “offer an explanation for why they chose to defy the legal opinion,” said García.

 

Opponents of the project have repeatedly told the council that the sale was in violation of the California Surplus Land Act and warned that a decision to go ahead with the sale would lead to a lawsuit.

 

Mayor Libby Schaaf – a member of the city council when a number of the decisions were made related to the sale of the parcel – did not respond to the Oakland Post’s request for a comment on the public exposure of Parker’s confidential opinion.

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Bay Area

Oakland Mayor Pushes Charter Overhaul to Clarify Roles in City Government, Increase Accountability and Improve Service Delivery

Under the proposal, the mayor would serve as Oakland’s chief executive, overseeing city departments, implementing policy, proposing the annual budget, and managing day-to-day operations. The measure would also give the mayor veto power over legislation and the budget, though the City Council could override a veto with a two-thirds vote.

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Oakland Mayor Barbara Lee. File photo.
Oakland Mayor Barbara Lee. File photo.

By Oakland Post Staff

Oakland Mayor Barbara Lee is backing a sweeping proposal to restructure Oakland’s government, arguing the changes would make City Hall more accountable and improve the delivery of basic services like public safety, homelessness response, and infrastructure repairs.

The charter reform measure, introduced April 7 and co-sponsored by Oakland City Council President Kevin Jenkins, would ask voters in November to approve a “strong mayor, strong council” system designed to create clearer lines of authority inside city government.

Under the proposal, the mayor would serve as Oakland’s chief executive, overseeing city departments, implementing policy, proposing the annual budget, and managing day-to-day operations. The measure would also give the mayor veto power over legislation and the budget, though the City Council could override a veto with a two-thirds vote.

The City Council, meanwhile, would maintain legislative authority by adopting ordinances, approving budgets, conducting oversight hearings, and confirming key mayoral appointments. The proposal would also create an Independent Budget and Legislative Analyst Office to provide nonpartisan fiscal and policy analysis for councilmembers.

“I’ve spent months listening to Oaklanders across every neighborhood about what they expect from their city government,” Lee said. “The Charter Reform Working Group’s engagement made clear that residents want a system where there are no questions about who is responsible for delivering results on public safety, homelessness, infrastructure, and basic services.”

Jenkins said the proposal would strengthen both executive leadership and council oversight.

“I’ve long believed Oakland works best when residents have clear lines of accountability and a government structure that aligns responsibility with results,” Jenkins said.

The proposal follows recommendations from the Mayor’s Charter Reform Working Group, co-facilitated by the League of Women Voters of Oakland and SPUR.

Over five months, the group conducted more than 60 interviews, held 14 public meetings across Oakland, and engaged more than 750 residents while reviewing governance models used in other cities.

“The process of engaging residents across Oakland surfaced the governance clarity Oakland needs,” said Sujata Srivastava of SPUR. “The Charter Reform Working Group has produced a thoughtful set of recommendations that if adopted could strengthen accountability and improve service delivery across city government.”

Polling cited by the mayor’s office suggests voters may be open to the changes. A February 2026 poll by the East Bay Polling Institute found 64% of voters support adopting a strong-mayor system. Separate polling conducted by the Oakland Chamber of Commerce and David Binder Research found support ranging from 61% to 63% among likely voters.

The measure is scheduled to be heard by the City Council Rules Committee on May 21. If approved by the council, it would appear on the November 2026 ballot, where Oakland voters would have the final say.

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Activism

More and More, Black Californians Are Worried About Rising Costs of Housing, Energy, Food and Gas 

According to an April 2024 report by the Greenlining Institute, low-income Black Californians are struggling with affordability due to a combination of historical systemic barriers and modern economic pressures. The Greenlining Institute is a California-based policy, research, and advocacy nonprofit founded in 1993 to fight systemic racism and economic injustice.

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iStock
iStock.

By Antonio‌ ‌Ray‌ ‌Harvey‌, California‌ ‌Black‌ ‌Media‌

Housing, energy, food and gas are four essential household expenses, and their rising costs are forcing residents—especially lower-income households—to make difficult trade-offs, Assemblymember Rhodesia Ransom (D-Stockton) said at a conference on affordability last week in Sacramento.

Ransom, a member of the California Legislative Black Caucus (CLBC), noted a shift in consumer behavior, stating, “Before people used to choose between things that they wanted and things that they needed.”

“Now, what we’re hearing from constituents is they are prioritizing their needs differently,” she said. “Because of the affordability crisis, it’s no longer about choosing between other needs. Our constituents are now saying ‘what needs to be prioritized?’ Gas and food are at the top of the list.”

Ransom made the comments about affordability at Capitol Weekly’s informational conference titled “Affordability: The Cost of Living in California,” which was held on April 30 at the University of California’s Student and Policy Center.

Co-hosted with the University of California Student and Policy Center, the political conversations focused on identifying policy solutions to the state’s extremely high prices for energy, food, and essentials.

The keynote speakers at the conference were former Assemblymember Lorena Gonzalez, president of the California Federation of Labor Unions, and Mike Madrid, a political strategist, author, and senior fellow at UC Irvine.

Conversations about affordability are taking on greater urgency as the election season kicks in, speakers said.

According to an April 2024 report by the Greenlining Institute, low-income Black Californians are struggling with affordability due to a combination of historical systemic barriers and modern economic pressures. The Greenlining Institute is a California-based policy, research, and advocacy nonprofit founded in 1993 to fight systemic racism and economic injustice.

Black households in California experience the highest levels of rent burden; approximately 65% of Black renters, according to the Greenlining report. Historical “redlining” and ongoing discrimination have restricted homeownership. Black families also pay 43% more for energy than White households, partly because they are more likely to live in older, less energy-efficient rentals.

In addition, roughly 1 in 3 Black adults (36.5%) reported household food insecurity in late 2025, more than double the rate for White adults. This is often exacerbated by “food deserts” in predominantly Black neighborhoods.

In March, Assembly Minority Leader Heath Flora (R-Ripon) expressed concerns about affordability in California, describing it as a crisis where families are being “pushed to the edge.”

“Californians should not have to choose between putting food on the table or filling up their car,” Flora stated. “We need to cut costs now. Not tomorrow, not next week, not next month. Now.”

Cuts to the federal Supplemental Nutrition Assistance Program (SNAP) funding are being driven by the Trump Administration’s One Big Beautiful Bill Act (H.R. 1), which is reducing federal spending by approximately $187 billion through 2034.

Those reductions are putting more pressure on the state to help, Ransom said. According to the AAA Gas Prices website, as of May 8, California’s gasoline prices averaged over $6 per gallon in some areas, with various locations experiencing spikes of $7 to $8 per gallon. In California, fuel prices are driven by refinery maintenance and market volatility, while high food prices are linked to rising transportation costs, experts say.

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Alameda County

The Marin City Flea Market Is Back

The Marin City Flea Market returns on May 23, offering arts, crafts, vintage items, and collectibles. The market aims to uplift local vendors and celebrate cultural diversity.

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Customers shopping in Marin City Flea Market. Photo courtesy of marincityflea.org.
Customers shopping in Marin City Flea Market. Photo courtesy of marincityflea.org.

By Godfrey Lee

After a long absence, Marin City will once again hold its flea market. The market will have its grand opening on Saturday, May 23, from 8 a.m. to 2 p.m. at the St. Andrew Presbyterian Church parking lot on 101 Donahue St. It will be held every fourth Saturday of the month

The market will be free to the public

There will be arts, crafts, vintage, collectibles, and other items on sale at the market. Interested vendors can contact info@marincityflea.org or text (415) 484-2984 for more information.

“The Marin City Flea Market’s mission is to uplift local vendors, celebrate cultural diversity, and provide an accessible community space where creativity, entrepreneurship, and connection can thrive,” says their website, marincityflea.org.

The flea market is sponsored and run by the Rotary Club of Marin City.

For more information, contact info@marincityflea.org. Or text to (415) 484-2984

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