body,date,text,page,path
OaklandCityCouncilandtheYouthAdvisoryCommission,2013-07-25,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Meeting Minutes
Oakland, California 94612
CITYTOF
LaTonda Simmons, City Clerk
OAKLAND
* Special Meeting of the Oakland City Council
City Hall, 1 Frank H. Ogawa Plaza, Oakland, California 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, July 25, 2013
6:30 PM
City Council Chambers - 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 6:47 p.m.
2
Roll Call/City Council
Present: Vice Mayor Reid, Council President Kernighan, Councilmember
Brooks, President Pro Tempore Kaplan, Councilmember Schaaf,
Councilmember Gallo, Councilmember Gibson McElhaney and
Councilmember Kalb
Councilmember Schaaf took a point of personal privilege and requested that the
meeting be adjourned in memory of Alaysha Carradine and Judy Salamon.
Councilmembers Kaplan and Gibson McElhaney requested association with the
adjournment.
Vice Mayor Reid took a point of personal privilege and requested the meeting
be adjourned in memory of Lottie L. Green-Jackson.
3
Open Forum (Total Time: 15 minutes)
There were twelve speakers on this item.
4
Oral Report Of Final Decisions Made During Closed Session & Disclosure Of
Non-Confidential Closed Session Discussions
There was no Closed Session to report.
City of Oakland
Page 1
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OaklandCityCouncilandtheYouthAdvisoryCommission,2013-07-25,"* Special Meeting of the Oakland
Meeting Minutes
July 25, 2013
City Council
5
Subject:
Non-Interference In Administrative Affairs
From:
Council President Patricia Kernighan
Recommendation: Discussion And Action On Recommendations From The Council President
For Official City Council Responses To The 2012-2013 Alameda County Grand Jury Final
Report, Entitled ""Misgoverning The City Of Oakland"" Released On June 24, 2013, And To The
City Auditor's Non-Interference In Administrative Affairs Performance Audit Dated March 21,
2012
12-0688
A motion was made by President Pro Tempore Kaplan, seconded by
Councilmember Kalb, that this matter be Accepted. The motion carried by
the following vote:
Votes: Absent; 1 - Councilmember Brooks
Aye; 7 - Councilmember Gallo, Councilmember Kalb, Councilmember Gibson
McElhaney, President Pro Tempore Kaplan, Vice Mayor Reid, Councilmember
Schaaf and Council President Kernighan
The Council accepted the proffered responses submitted by Councilmember
Kalb to the Grand Jury Report as amended as follows:
From the last paragraph on page 2:
1. Strike the last sentence: ""In July 2013, the Council President. ""
2. Strike the word immediate from the second sentence.
Councilmember Gibson McElhaney made a motion, seconded by
Councilmember Schaaf, to allow the Council President to respond to the City
Auditor's report on behalf of the full council. The motion passed with 6 Ayes, 1
Abstention - Reid, and 1 Absent - Brooks.
View Report.pdf
View Supplemental Report.pdf
City of Oakland
Page 2
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OaklandCityCouncilandtheYouthAdvisoryCommission,2013-07-25,"* Special Meeting of the Oakland
Meeting Minutes
July 25, 2013
City Council
6
Subject:
Censuring Councilmember Brooks
From:
Council President Patricia Kernighan
Recommendation: Discussion And Possible Action On A Motion Of The Oakland City
Council Censuring Councilmember Desley Brooks For Actions Pertaining To The Rainbow
Teen Center In Violation Of City Charter Sections 207, 218 And Other Laws As Found In The
Alameda County Grand Jury Report And Substantiated By Documentary Evidence
12-0690
A motion was made by Councilmember Brooks, seconded by
Councilmember Gallo, that this matter be Accepted. The motion carried
by the following vote:
Votes: Abstained; 2 - Councilmember Gibson McElhaney and Council President
Kernighan
Aye; 6 - Councilmember Gallo, Councilmember Kalb, President Pro Tempore
Kaplan, Vice Mayor Reid, Councilmember Brooks and Councilmember Schaaf
The committee approved a motion to deny the censure and create an ad hoc
committee to implement policy and procedures for censure and to admonish the
past conduct of interference and upholding the values of the Code of Conduct
and the Charter of the City of Oakland and the Constitution of the State.
View Report.pdf
View Supplemental Report.pd
City of Oakland
Page 3
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OaklandCityCouncilandtheYouthAdvisoryCommission,2013-07-25,"* Special Meeting of the Oakland
Meeting Minutes
July 25, , 2013
City Council
S-7
Subject:
Amending Salary Ordinance Re Cost Of Living Increase Pursuant To 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 2% Cost Of Living Adjustment Increase To
Miscellaneous Employees' Salaries For Fiscal Year 2013-2014 And To Provide A 1% Cost Of
Living Adjustment Increase To Miscellaneous Employees' Salaries For Fiscal Year 2014-2015
Pursuant To The Memoranda Of Understanding Between The City Of Oakland And The
International Federation Of Professional And Technical Engineers, Local 21, Including The
Deputy City Attorney I-IV Unit; The Service Employees International Union, Local 1021
Including The Part-Time Unit; The International Brotherhood Of Electrical Workers, Local
1245; The Confidential Management Employees Association; The Deputy City Attorney V And
Special Counsel Association; And Providing The Same 2% Cost Of Living Adjustment
Increase To Employees' Salaries For Fiscal Year 2013-2014 And A 1% Cost Of Living
Adjustment Increase To Employees' Salaries For Fiscal Year 2014-2015 For Unrepresented
Employees
12-0715
A motion was made by Councilmember Brooks, seconded by
Councilmember Gallo, that this matter be Approved On Introduction and
Scheduled for Final Passage to the Meeting of the Oakland City Council, to
be heard at the August 2, 2013 meeting. The motion carried by the
following vote:
Votes: Abstained; 1 - Councilmember Schaaf
Aye; 7 - Councilmember Gallo, Councilmember Kalb, Councilmember Gibson
McElhaney, President Pro Tempore Kaplan, Vice Mayor Reid, Councilmember
Brooks and Council President Kernighan
This item was taken out of order.
There were five speakers on this item.
View Report.pdf
13188 CMS.pdf
Continuation Of Open Forum
Adjournment
There being no further business, and upon the motion duly made, the Council
adjourned the meeting at 11:25 p.m.
City of Oakland
Page 4
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OaklandCityCouncilandtheYouthAdvisoryCommission,2013-07-25,"* Special Meeting of the Oakland
Meeting Minutes
July 25,2013
City Council
TTD
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 48
hours 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) 238-3226
Fax:
(510) 238-6699
Recorded Agenda: (510) 238-2386
Telecommunications Display Device: (510) 839-6451
TTD
City Clerk and Clerk of the Council
City of Oakland
Page 5
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RulesAndLegislationCommittee,2013-07-25,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Meeting Minutes
Oakland, California 94612
CITYTOF
LaTonda Simmons, City Clerk
OAKLAND
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza, Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, July 25, 2013
10:45 AM
City Council Chambers - 3rd Floor
Roll Call / Call To Order
Excused: Vice Mayor Reid
Present: Council President Kernighan, Member Schaaf and Member Kalb
The Oakland City Council Rules and Legislation Committee convened at 11:06,
with Council President Kernighan presiding as Chairperson.
1
Determinations Of Closed Session
A motion was made by Member Schaaf, seconded by Member Kalb, to
* Approve as Submitted. The motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
The Special Closed Session scheduled on July 30, 2013 will begin at 1:30 p.m.
2
Approval Of The Draft Minutes From The Committee Meeting Of July 11, 2013
A motion was made by Member Kalb, seconded by Member Schaaf, to
* Approve as Submitted. The motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
3
Determination Of Schedule Of Outstanding Committee Items
A motion was made by Member Schaaf, seconded by Member Kalb, to
* Approve as Submitted. The motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
rlc072513
View Report.pdf
City of Oakland
Page 1
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RulesAndLegislationCommittee,2013-07-25,"*Rules & Legislation Committee
Meeting Minutes
July 25,2013
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas
(SUPPLEMENTAL)
A motion was made by Member Schaaf, seconded by Member Kalb, to
* Approve as Submitted. The motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
S-4.1
Subject:
Investigative Services For Debarment Of Goldman Sachs
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Authorizing The City Administrator To Negotiate And
Execute A Professional Services Agreement With Spinnaker Consulting, Inc. And Allocate
Funding In An Amount Not To Exceed Seventy-One Thousand Seven Hundred Sixty Dollars
($71,760) For Phase I.A., Seventy-Two Thousand Six Hundred Eighty Dollars ($72,680) For
Phase I.B., And Eighty-One Thousand Nine Hundred Thirty-Eight Dollars ($81,938) For Phase
II For A Total Of Two Hundred Twenty-Six Thousand Three Hundred Seventy-Eight Dollars
($226,378) To Provide Investigative Services Including Investigation, Analysis And Reporting
Relating To Potential Debarment Proceedings Against Goldman Sachs Mitsui Marine
Derivative Products, U.S., L.P. (""Goldman Sachs"")
12-0716
Scheduled to Meeting of the Oakland City Council on 7/30/2013
As A Non-Consent Item
View Report.pdf
84586 CMS.pdf
S-4.2
Subject:
Settlement Agreement- Galen And Emily Davis
From:
Office Of The City Attorney
Recommendation: Adopt A Resolution Authorizing And Directing The City Attorney To
Compromise And Settle The Claim Galen Davis And Emily Davis, City Attorney's Claim No.
C29461, In The Amount Of $41,200 (Public Works Agency- Sewers)
12-0714
Scheduled to Meeting of the Oakland City Council on 7/30/2013
As A Consent Item
View Report.pdf
View Supplemental.pd
84568 CMS.pdf
S-4.3
Subject:
Report On Strategies To Reduce Illegal Dumping
From:
Councilmember Noel Gallo
Recommendation: Receive A Report And Take Possible Action On The Public Works
Agency's (1) Efforts To Reduce Illegal Dumping, And (2) Action Plan To Implement
Innovative Ideas To Better Address Illegal Dumping In The City
12-0717
Scheduled to *Public Works Committee on 9/24/2013
View Report.pdf
City of Oakland
Page 2
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RulesAndLegislationCommittee,2013-07-25,"*Rules & Legislation Committee
Meeting Minutes
July 25, 2013
rules072513item4
View Report.pdf
Items Submitted On The Dais
S-#1
Subject:
Resolution Against Domestic Violence
From:
Councilmembers Gibson McElhaney And Kalb
Recommendation: Adopt A Resolution Declaring Freedom From Domestic Violence Is A
Fundamental Human Right
12-0718
Scheduled to Meeting of the Oakland City Council on 10/1/2013
As A Consent Item
View Report.pdf
View Supplemental.pd
4634 CMS.pdf
S-#2
Subject:
PEG And Telecommunication Fund Allocation Report
From:
Office Of The City Administrator
Recommendation: Receive An Informational Report And Possible Action On Fiscal Year
2012-2013 And Fiscal Year 2013-2014 Public Education Government (PEG) And
Telecommunication Fund (1760) Allocation, Including A Full Report On KTOP Operations,
Staff Positions, And Recommendations For Criteria And A Plan For Future Allocation Of PEG
And Telecommunications Funding
12-0719
Scheduled to *Finance & Management Committee on 9/10/2013
View Report.pdf
S-#3
Subject:
Commending Gregoria Torres For Exemplary Service
From:
Councilmember Desley Brooks
Recommendation: Adopt A Resolution Commending Gregoria Torres For More Than 28
Years Of Exemplary And Dedicated Service To The City Of Oakland And Congratulating Her
On Her Retirement And Bidding Her Farewell
12-0721
Scheduled to Meeting of the Oakland City Council on 9/17/2013
As a ceremonial item.
View Report.pdf
84602 CMS.pdf
5
A Review Of The Council Committees' Actions From July 23, 2013 And Determination Of
Scheduling To The City Council Meeting Of July 30, 2013
A motion was made by Member Schaaf, seconded by Member Kalb, to
* Approve as Submitted. The motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
City of Oakland
Page 3
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RulesAndLegislationCommittee,2013-07-25,"*Rules & Legislation Committee
Meeting Minutes
July 25, 2013
Subject:
Resolution To Increase Contract With Renne Sloan Holtzman Sakai
From:
Office Of The City Administrator
Recommendation: Adopt A Resolution Waiving Advertising And Solicitation Of Requests For
Proposals/Qualifications And Authorizing The City Administrator To Amend The September
2012 Services Contract With Renne Sloan Holtzman Sakai, LLP, Public Law Group, For
Assistance With Miscellaneous Employees Union Negotiations, To Increase The Contract By
An Amount Not Exceed One Hundred Thousand Dollars ($100,000), For Additional Services,
For A Total Contract Amount Of Two Hundred Ninety Thousand Dollars ($290,000)
12-0685
*Withdrawn with No New Date
View Report.pdf
rules072513item5
View Report.pdf
6
A Review Of The Draft Agendas For The Meeting Of The Oakland City Council For The
Meeting Of September 3, 2013 and Rules September 5, 2013
A motion was made by Member Schaaf, seconded by Member Kalb, to
* Approve as Submitted. The motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
rules072513item6
View Report.pdf
7
Subject:
Status Report On The Upgrade To The City's Agenda Management System
From:
Councilmember Libby Schaaf
Recommendation: Receive An Informational Report Regarding The Proposed Update To
Legistar 4.8 Electronic Agenda Management System To Granicus 5.0 To Provide For Greater
Efficiencies In Management Of Legislative Processes, Promote Transparency, And Increase
Public Participation For City Council And Council Committee Meetings
12-0677
A motion was made by Member Schaaf, seconded by Member Kalb, that
this matter be *Received and Filed. The motion carried by the following
vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
View Report.pdf
View Supplemental Report.pdf
City of Oakland
Page 4
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RulesAndLegislationCommittee,2013-07-25,"*Rules & Legislation Committee
Meeting Minutes
July 25, 2013
8
Subject:
Support For SB 649: Possession Of Controlled Substances Penalties
From:
Councilmember Libby Schaaf
Recommendation: Adopt A Resolution In Support Of Senate Bill 649 (Possession Of
Controlled Substances: Penalties, Leno), Also Known As The Local Control In Sentencing
Act, Which Would Make The Unlawful Possession Of Certain Controlled Substances
Punishable As Either A Felony Punishable In County Jail Or As A Misdemeanor Punishable By
County Jail For Not More Than One Year
12-0683
A motion was made by Member Schaaf, seconded by Member Kalb, that
this matter be *Approve the Recommendation of Staff, and Forward to the
Meeting of the Oakland City Council, due back on July 30, 2013. The
motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
View Report.pdf
View Supplemental Report.pdf
84564 CMS.pdf
9
Subject:
Support For AB 210:Transactions And Use Taxes
From:
Council President Patricia Kernighan
Recommendation: Adopt A Resolution In Support Of AB 210 (Wieckowski), Alameda County
Transportation Sales Tax Measure
12-0674
A motion was made by Member Schaaf, seconded by Member Kalb, that
this matter be *Approve the Recommendation of Staff, and Forward to the
Meeting of the Oakland City Council, due back on July 30, 2013. The
motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
View Report.pdf
View Supplemental.pd
84565 CMS.pdf
S-10
Subject:
Support For AB 174: Student Mental Health Services Pilot Program
From:
Councilmember Dan Kalb
Recommendation: Adopt A Resolution In Support Of Assembly Bill (AB) 174 (Bonta) - State
Legislation That Would Establish A Pilot Program In Alameda County To Provide Mental
Health Services To Students Impacted By Trauma
12-0710
A motion was made by Member Kalb, seconded by Member Schaaf, that
this matter be *Approve the Recommendation of Staff, and Forward to the
Meeting of the Oakland City Council, due back on July 30, 2013. The
motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
View Report.pdf
View Supplemental.pdf
84566 CMS.pdf
City of Oakland
Page 5
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RulesAndLegislationCommittee,2013-07-25,"*Rules & Legislation Committee
Meeting Minutes
July 25, 2013
S-11
Subject:
Support For AB 231: Criminal Penalty For Failure To Securely Store Firearm
From:
Councilmember Dan Kalb
Recommendation: Adopt A Resolution In Support Of Assembly Bill (AB) 231 (Ting) -State
Legislation That Would Establish Criminal Penalty For Failure To Securely Store Loaded
Firearm In Location Where Child Could Gain Access
12-0711
A motion was made by Member Schaaf, seconded by Member Kalb, that
this matter be *Approve the Recommendation of Staff, and Forward to the
Meeting of the Oakland City Council, due back on July 30, 2013. The
motion carried by the following vote:
Votes: Excused; 1 - Vice Mayor Reid
Aye; 3 - Member Kalb, Member Schaaf and Council President Kernighan
View Report.pdf
84567 CMS.pdf
OPEN FORUM (TOTAL TIME AVAILABLE: 15 MINUTES)
Adjournment
There being no further business, and upon the motion duly made, the Oakland
City Council Rules and Legislation Committee adjourned the meeting at 12:20
p.m.
NOTE:
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 48
hours 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) 238-3226
Fax:
(510) 238-6699
Recorded Agenda: (510) 238-2386
Telecommunications Display Device: (510) 839-6451
TTD
MATERIALS RELATED TO ITEMS ON THIS AGENDA SUBMITTED TO THE 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 8:30AM TO 5:00PM
In the event a quorum of the City Council participates on this Committee, the meeting is
noticed as a Special Meeting of the City Council; however, no final City Council action can
be taken.
City of Oakland
Page 6
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RulesAndLegislationCommittee,2013-07-25,"*Rules & Legislation Committee
Meeting Minutes
July 25, 2013
City Clerk and Clerk of the Council
City of Oakland
Page 7
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