Oakland Councilmember Desley Brooks Responds To Pat Kernighan's Censure Attempt

7/27/2019 Oakland Councilmember Desley Brooks Responds To Pat Kernighan's Censure Attempt

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CITY OF OAKLAND

A LL 1 F R A N K H . O G A W A P L A Z A O A K L A N D , C A L I F O R N I A 94612Off ice of Desley A . Brooks (510)238-7006C o u n c i l m e m b e r - District 6 FAX (510) 238-6910e-mail: [email protected] TDD (510) 839-6451

VJuly 22, 2043.emighan and Members of the Council

From^ ;;;-2iAcfl1'CTem^ BrooksSubject: Response to Motion for Censure

Dear Members of the Council : 'I want to start by thanking Councilperson Kemighan for scheduling this item because as a result we were able to obtaincopies of documents, which had been requested by The Turner Group, The Black Elected Officials of the East Bay; andthe Oakland N A A C P . Somehow M s. Kemighan was able to obtain documents that these individuals and organizationscould not. I also want to thank M s. Kemighan for revealing what I had long suspected that she, the Auditor CourtneyRuby and the Grand Jury only considered and released those documents which supported their version of events. WhatM s. Kemighan, Auditor Ruby and the Grand Jury hoped was that you would be so titillated by their salacious allegationsthat you would not look substantively at the evidence they provided in support of these claims. I'm asking you to provethem wrong; let's look closely at Section 218 of the Charter and their evidence.Section 218 of the Oakland Charter says:

Section 218. Non-interference in Administrative Affa i rs . Except for the purpose of inquiry, the Council and itsmembers shall deal with the administrative service for which the City Administrator, Mayor and other appointedor elected officers are responsible, solely through the City Administrator, Mayor or such other officers. Neitherthe Council nor any Council member shall give orders to any subordinate of the City under the jurisdiction of theCity Administrator or such other officers, either publicly or privately; nor shall they attempt to coerce or influenthe City Administrator or such other officers, in respect to any contract, purchase of any supplies or any otheradministrative action; nor in any manner direct or request the appointment of any person to or his removal fromoffice by the City Administrator or any of his subordinates or such other officers, nor in any manner take part inthe appointment or removal of officers or employees in the administrative service of the City. Violation of theprovisions of this section by a member of the Council shall be a misdemeanor, conviction of which shallimmediately forfeit the office of the convicted member.

To violate Section 218 there has to be some action on the part of the offender ~ the giving of orders, an attempt to coerceor influence, or an attempt to have an employee removed from their position. Upon close review of their evidence youwil l see that my involvement is very limited. Typically what is shown is an inquiry from me and communication betweestaff to which I was not a party. 1 cannot be guilty wil l ful ly violating the Charter where I did not affirmatively act.Only a judge or a jury can determine if Section 218 has been violated because it is a crime. As such, no one at the city,not M s. Kemighan, the Mayor, the City Council, the City Administrator, the City Attorney, the Auditor, or the Grand Jurhas the authority to determine if a violation has occurred.


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Many of the inaccuracies found in the Auditor's report can be found in the Grand Jury report. I will use the Grand Juryformat to respond to both reports. Keeping this in mind, let's look at the evidence.

D A C A B A C K G R O U N DPulte built D A C A in 45 days. They demolished the inside of the building; reframed, replumbed; upgraded the electricalreconfigured the layout; removed the play structure and parking lot; planted new sod and landscaping; installed a newgate; reconfigured the facade; painted the exterior; installed a newgate around the facility; installed new sidewalks. Althis work was done in this timeframe to comply with Rebuilding Together's National Reveal Day.Knowing that the timeline was faster than the city would ever move on any project, the first call I made was to then CityAdministrator Dan Lindheim. 1 advised M r. Lindheim of the time constraints and asked him if we would be able to takadvantage of the opportunity. He asked then C E D A Director Walter Cohen to pull together the necessary staff to meet athe site to see if this was possible. This was in late February beginning of March 2010.Staff advised us that Pulte could roll a facade improvement project into the donated project. Wecould pay fo r the facadeproject with facade redevelopment grant or a Neighborhood Project Improvement grant as there were already monies thahad been allocated to the Teen Center.Having no reason to doubt the information provided by staff, Pulte started construction on March 9, 2010. (See date onemail from Larry Gallegos dated March 8, 2010 attached hereto as Exhibit "C") . The project was completed by April 242010. Pulte tracked their expense and followed the process that staff had previously outlined fo r them.It wasn't until Febmary of 2011, that staff advised Pulte that there was a change in the requirements for payment. This ialmost a year after completion of the project. (See DoryannaMoreno's email dated February 22, 2011, where she says"Dan now understands that state law prohibited construction contractor employees from providing volunteer labor on thproject if the contractors are to be paid" attached hereto as Exhibit " D " . See also. Shelly Derensburg's email datedFebruary 25 , 2011 attached hereto as Exhibit "E" ) the project could not be put out to bid because the project had longbeen completed. Pulte in good faith relied on the information provided by staff; followed staffs direction; spent theirmoney with the expectation that they would be reimbursed.D A C A C O N S T R U C T I O NM u c h has been said about D A C A being built without a competitive bidding process; but neither the Auditor nor the GraJury acknowledge or consider the statement from Pulte Homes, the contractor on the project, which explains why theproject was not put out to competitive bid. The statement was included in my document submission fo r the March 6, 20Council meeting. (Pulte's statement is attached hereto as Exhibit " A " ) .In the statement Pulte makes a number of statements that contradict the conclusions raised by both reports. Specifically,Puite states:"Before getting involved with the project, Councilwoman Brooks pulled together a team from the City to plan with Pulteand the Rebuild Together organization""W e needed to figure out the scope of what the City wanted done fo r the project and how we could help. CouncilwomaBrooks got a group together to discuss the project.""W e were informed that there was grant money available to cover the costs above and beyond what we were going todonate...""If there were no grant funds available, we would have looked at what we could have funded only through donated timeand materials.""Then in May, the city communicated an entirely different direction to us."


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"It appeared that Councilwoman Brooks brought all the parties to the table early on in the process to make sure weproceeded in the most appropriate way possible."Why did the Auditor and the Grand Jury not review Pulte's statement? It would be helpful for all involved to understandwhy the Auditor or the Grand Jury did not include Pulte Homes recitation of the facts regarding the planning andconstmction o f D A C A are consistent with mine.Both reports imply that there was something untoward in using Pulte on this project. I did not know any of therepresentatives of Pulte or their subcontractors prior to working with them on this project. I received no monetary benefipersonally or for my campaign. Other than the pride of building a beautiful facility fo r deserving young people, I receivno personal benefitfi"om he project. I am resubmitting Pulte's statement fo r your review. Both reports feign that mighthave gotten a better deal had the project been competitively bid; nothing could be further from the truth. The Cityreceived more than $300,000 in labor and materials and only paid, two years after the fact, $151,000.Councilperson Kemighan submitted documents that were supposed to demonstrate evidence of me negotiating the scopeof work for Pulte's contract. These documents can be found at pages 6 through 13 (Kemighan numbering). (I haveattached them hereto as Exhibit " F" ) . I don't know if M s. Santana, M s. Kemighan, Auditor Ruby and the Grand Jurywere intentionally trying to deceive the public but these documents have nothing to do with the RainbowTeenC e n t e r /DAC A. Rather, the scope of work referred to is fo r a staff report on the N P I Program and funding fo r the RainboRecreation Center (the resolution fo r this item is.attached hereto as Exhibit " G " . Moreover, all of the emails on thesepages, with the exception of two (2) are not from me, to me, nor am I cc'ed on any o f them.D A C A S T A F F I N GM s. Kemighan submitted pages 15 to 25 of numerous emails between staff regarding the hiring's in my office (attachedhereto as Exhibit " H " ) . Not a single one of these emails is to me, from me or cc'ed to me.M y staff made no secret where the employees were going to work. Each and every hire was processed through theDepartment of Human Resources. Never once did a single person raise an issue with the hires. Moreover, each and everone of my hires was signed off on by the Director of Personnel and the City Administrator.According to the City Auditor's report "the potential interference was mitigated through the Administrafion's adoption oratification of the Councilmember's involvement." (Page 7 of the Auditor's report). Each D A C A hire was signed-off onby the Personnel Director and the City Administrator. W hy did the City Auditor overlook this information? Moreimportantly, why didn't the Auditor find that there was no interference because the City Administrators ratified the hiresThe Grand Jury at page 38 claims that employees at D A C A did not have the required background clearance prior toworking with kids. They base this finding on emails. Neither the Grand Jury report nor the Auditor's report indicate anyeffort to interview any of the employees who worked at D A C A when itfirstopened. At least four of the currentemployees were employed at D A C A when it first opened. Had they been interviewed each would have said that no oneworked with children prior to clearing their background and other checks.Finally, both reports give the impression that there may have been nepotism or cronyism in the selection o f D A C A ' s stafThey also questioned the qualifications of the staff and the salary at which they were hired. I did not know any o f the staprior to their being hired at D A C A . In addition, each one of D A C A ' s staff is accomplished in their respective f ield . Thehave countless awards and recognitions. Each is compensated well below what they could be paid in their profession.They accepted this level o f compensation because they believe in the work and they care deeply fo r the young people theserve. The staff is so exceptional that the Office of Parks and Recreation as late as last week attempted to poach D A C A 'staff to work at other facilities.A R R O Y O R E C O R D I N G S T U D I O


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Both the City Auditor's report and the Grand Jury report (page 33) raise.issues about the building o f this recording studioWhat both reports fail to state is that I paid for the build-out, equipment and fumiture for this studio. 1 gave $ 114,000from my discretionary funds for the Studio. A s such, 1 was not merely the Council Member, I was also the client.

E Q U I P M E N T P U R C H A S EA multi-page bill from the Guitar Store that bears a stamp that says " C E D A Payment Approval" is submitted as evidenceof. The stamp has fill in the blank lines to add the funding code, project, and purchase number, authorized signatureamong other things. M y signature is on the line that says authorized signature. I do not now, nor have I ever, possessed " C E D A Payment Approval" stamp. A City staff person would have had to provide my staff with the prestamped form.M y assistant filled out the forms for my signature. Where 1 made my mistake was that I didn't review the forms and thestamp more closely before I signed the documents.C O N C L U S I O NNot withstanding this process is improper; the language o f the Council's Code o f Ethics is very specific. The Code ofEthics says at number 12: "by being willing to censure any member who W I L L F U L L Y violates the rules of conductcontained in this Code of Ethics" (attached hereto as Exhibit "J"). To be " w i l l f u l " one needs to be deliberate orintentional.To date, no one has produced an email or other correspondence where staff advised me to do something; 1 refused andundertook a different course of action. Absent such action, there is no showing o f " w i l l f u l " actions on my part. To thecontrary, I specifically asked staff to advise us on the process and we followed their direction.I f M s . Kemighan had such grave concern for the Council's reputation one wonders why she has singled me out. Truth btold what's motivating M s. Kemighan in this process is purely political. It should be noted that when her political allies,Councilpersons Kaplan and Schaaf participated in activates that violate the charter Kemighan did not suggest the processo f censorship. Specifically, she didn't bring a Censure action against M s. Kaplan when she directed Oakland PoliceOfficers to provide passage to demonstrators (an incident that was widely known); or why she didn't bring an actionagainst M s. Schaaf who wrote to the City Administrator and advised her that she had instructed staff to develop a costingtool (attached hereto as Exhibit "I"). One would also wonder why M s. Kemighan doesn't admit her own violations of thCharter when overseeing the drafting and implementation o f the Equal Access Ordinance; directing staff not to issuestickets to certain areas; or the renovations of Quickway. When wil l these matters be scheduled?


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BACKGROUND:Pulte H om es has volunteered and participated for about six/seven yea rs with the RebuildTogether O akland program. In 2009, for exam ple, our em ployees helped with an elderlywoman's home that neede d renovation. In addition to our employe es helping with landscapingand general maintenance of this home, we also solicited the help of our contractors to remodelher kitchen and bath, and repair the H V A C . O ur em ployees donated a lot of their time andeffort, and we had contractors willing to be a part of this philanthropic endeavor.In 2010, we wanted to participate again in the Rebuild Together program and do even more forthe greater community. That's how we got involved with the Rainbow Teen Center. .^Beforegetting involved with the project, C ouncilwom an Brook s pulled together a team from' the City J o"plan with P ulte and the keb uild Together organization. W e found out that the Ci ty o fOaklandpurchased the 4,000-square- tooot bu i ld ing th ree years ago with hopes o f p rov id ing ap la ce fo r recreat ion and enr ichment p rog ram s fo r neighborhood teen s. It was a g reatopportunity for us to help m ake a dif ferenc e and real ly benef i t the c om m unity .W e needed to f igure out the scope of what the City wanted done for the project and how wecould help . C ou nc i lw om an Bro oks go t a g roup together to d is cu ss the pro jec t . (Ent i ties a tthe p lanning meet ing were Pu i te , Rebui ld Together , C i ty economic development d i rec tor ,sen ior p lanners , persons invo lved with City g rants and re imbursements and bu i ld ingd ep a r tmen t .W e were in fo rmed that there was grant money ava i lab le to coyer cos ts above and beyond,what we w ere ab je to donate;^ (about $13 0,0 00 ), and that k e7 p r o je ^ s wo u l d i n c lu d e ateach ing k i tchen fo r the k ids , mus ic record ing s tud io , computer lab , front elevat ion , entrya re a and land sca p ing . J fJ jTere^were no grant fun^ s ,a va i lah le. we would have looked a twhat we cou ld have funded onfy th rough donated t ime and mater ia ls .W e discussed the best way to proceed and how reimbursemen ts would be provided through theCity grants. Because this- philanthropic effort involved many donations and some additionalcosts, i t was determined that this was not a job that could be bid. W e were told bids were notnecessary becau se of the_nature of this p r o je ^ W e were told it can't be bid because it is adonated concept with an additional cost, covering contractors cost. The direction provided wasfor P ulte to act as a gen eral contractor of sorts and manage the process. W e tracked costs andinvoices and got our trade partners to donate all or most of the cos t. Th e value of what wasdone is well more than $300,000 and the expen ses for the grant were $121, 000. The C oun cilapproved the grant reimburseme nts last April .Then in May, the city comm unicated an entirely different direction to u s. W e were told that eventhough people were volunteering their time, that those contractors' employees who worked onthe Tee n Cente r needed to be paid the prevailing wage. W e reached out to every one of thecontractors involved (some of whom were now out of business) and ask them to provide thisbackground detail. The prevail ing wage "gap" was determined to be about $30,00 0. W e weretold the C ity needed to pay these workers directly, even though the ir, time was originallydonated.


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In Oct/November of last year, we signed an agreement with the City regarding thereimbursement to Pulte and the prevail ing wage with contractors. The n, nothing mo rehappened.

Q U O T E ST h s c o p e of the pro jec t ,_was j lBlermined by_many c i ty o f f ic ia ls invo lyed in the p lanningp r o c e s s I f there were not a v a l la b l e g rant funds^oL i f -W .eJo[d , [3a35ts^ne^ to D e"^ id7we wo uld have looked a t w ha tw e cou ld^BIXLy id5-excLus lv .elyl [2 iX^ donat ion s .P u l te d o n a ted c o u n t l es s h o u rs o f ma n a g em en t t ime , em p l o y ee r es o u r c es a n d s w ea tequi ty a long with the generos i ty - o f our t rade par tners . Ev ery contrac tor dona tedsom eth ing an d we a l l were so proud to p rov ide som eth ing very va luable to thecom mu ni ty . W e got a lo t o f pers on a l sa t is fac t ion in mak ing the v is ion o f the teen cente ra reality.I t appeared that Counc i lwoman Brooks brought a l l the par t ies to the tab le ear ly on in thep ro ce ss to ma k e s u r e we p r o c e ed ed in the m o s t a p p r o p ri a te wa y p o s s i b l e .

A l l these enti t ies came together to put together th is outstanding faci l i ty for thec o mm u n i ty . D es p i te th e difficult hous ing market , our par tners ' wi l l ingness to donatema n p o wer a n d ma ter i a l en a b l ed u s to ta k e o n a mu c h l a r g er s c o p e th a n we d r ea medp o ss i b le . W e a r e n o w c o mi n g u p o n two y ea r s o n p r o jec t c o mp l e t i o n a n d what w ethought was a great communi ty ph i lanthrop ic effort i s being que st io ned . I t's a l l sod i s a p p o i n t i n g .


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S C O P E O F W O R K P E R F O R M E DP u l t e r e f u r b i s h e d t h e b a c k 6 5 0 s q u a r e f e et o f th c b u i k l i n g a t 5 8 1 8 I n t e r n a t i o n a l( R a i n b o w T e e n C e n t e r ) . T h e w o r k i n c l u d e d :

T o t a l l y d e m o l i s h i n g t he i n t e r i o r s p a c e ; ^R e w i r e d a n d r e p l u m b e d t h e s p a c e ;R e f r a m e d a n d s h e c t - r o c k c d i n t e r i o r ;P a i n t e d i n t e r i o r a n d e x t e r i o r ;R e c o n f i g u r e d i n t e r i o r s p a c e t o b u i l d c u l i n a r y ' k i t c h e n ; v i d e o s t u d i o ;r e c o r d i n g s t u d i o a n d e d i t i n g r o o m ; o f f i c e ; a n d b a t h r o o m s ;R e d e s i g n e d t h e f a c a d e ;I n s t a l l e d n e w s i d e w a l k s ;D e m o l i s h e d e x i s t i n g p l a y s t r u c t u r e ;r e m o v e d a s p h a l t t h r o u g h o u t y a r d a r e a ;I n s t a l l e d n ew i r o n f e n c i n g a r o u n d t h e p e r i m e t e r o f t h e y a r d ;I n s t a l l e d i r r i g a t i o n s y s t e m ;I n s t a l l e d w a l k i n g p a t h s i n t h e y a r d ;I n s t a l l e d l a n d s c a p e a n d s o d .


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Page 1 o f 4

Vou replied on 3/11/2010 10:14 A M.

F r o m : Gallegos, Larry S en t: Thu 3/11/2010 10:09 AMT o : Brooks, Destey "C c :S ub jec t; FW : Grant agreement.A t tachme nt^T '

Ci ty Atty's office is saying if we use our Fagade Improvement P rogram funds for our own public facility w e'dneed to go through a special Public Hearing process to make the necessary blight findings under theCo operat ion Agreement. This would obviously lake too much t ime.It would be a lot easier and faster if we use our Coliseum NPI funds that have already been approved for thisproject since we've already gone through that process for those funds. Please let me know if this is okay withyou and I will move this forward...

La rry Ga llego s (e-mail-. laqa(leQO S@ oaklandnet.comiCity OfOak lan d , C E D A - Redevelopment Division250 Frank Ogawa Plaza, 5th FloorOakland, OA 94612(510) 238-6174 ph.(510) 238-3691 fax

. F ro m : Bi ll Sadler [mai!to;Bi ll [email protected]]S e n t : Thursday, March 11. 2010 9:20 AMT o : Gallegos, LarryC c : Brooks, Desley; Hunter, GregoryS u b j e c t : R E: Grant agreement.

Larry,

At tached is an est imate for the improvements to the front elevation of the Ra inbow Teen C enter. Please callme i f you have any question s! ' ~ . ~

Bill Sadler

L a n d Development Manager

h l t p s : / / o a k i n a i l . o a k l a n d n e t . c o i n y B x c h a n g e / D B r o o k s / S e n l % 2 0 I t c m s / F V V : - 1 6 8 . E M L / P v V : % 2 . . . 2/22 /2013


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Pulte Homes - Bay Area DivisionOff ice - 925.249.3244F a x - 9 2 5 . 2 4 9 . 4 3 7 3C e l l - 925.383.5425

F r o m : Gallegos , Larry [mailto:LGallegos@ oaklandnet.com]S e n t ; T ue s da y, M a r c h ^ J 2 Q l D - 1 0 r 3 3 - A M -T o : Bill Sadler ^C c : Brooks, Desley; Hunter, GregoryS ub jec t: R& Grant agreement.

Hi Bill,

Pl e as e provide us a line item estimate for the fagade project so we can begin to prepare the papen/vork for thegrant agreement

T h a nk s ,Larry

Larry Galleg os (e-mai l: laqalleqos@ oaklandnet.com)City of Oakland, C E D A r Redevelopment Division250 Frank Ogawa Plaza, 5th FloorOak land, CA 94612(510) 238-5174 ph.(510)238-3691 fax

F r o m : Brooks, Dcsiey

h l t p s : / / o a k m a i ! . o a k l a n d n e t . c o m / E x c h 3 n g c / D B r o o k s / S c n t % 2 0 I t c m s / F W : - l 6 8 . E M L / F W : % 2 . . . 2 / 2 2 / 2 0 1 2


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Larry Gallegos {e-maJI: laaalleao sfaoa kland net.cD m)Cjly of Oakland, CE DA - Redav2)opment Division250 Frank Ogaiva Plaza. 5th FloorOakland, CA 94612(5-10) 238-61 74 ph.(510) 235-3691 Tax F ro m : Brooks, Dsslsy . -S e n t : Monday, Mardj^OS. 2 0 ; 0 3 : t B - P M ' T o ; Gallegos, Larry; 'Bill Sadler' ' 'S ub jec : Grant agreementiH e y L a n y : ' T h i s .is a fol low up to our conversation w i t h Bi l l regarding eKpsndiirojes. f o r t he!Raaribow Teen Center Rehab project. A s ' w e a l l agreed Pulte w i l l pay for any. expensesand submit an invoice to the O t y fo r reiinburseirient. Clan w e pro^'ide Pulte w i t h a

' grant agreement to this effect. A s I mentioned they are starting th e project tomorrow .sotime is-of the essence. . L o o k i n g forward tp hearing f ro m y o u soon.Desley Brooks

" CouncU Member, District 6Q t y H a U1 Pranlc CI>gawa Plaza, 2nd FloorOa kl a n d , .CA. 94612 ' - .(510)238-7006 , ,(510) 9S6-2650 (FacsimiiJe)[email protected]. . . . ,

K e e p M a k in g s Difference-Pay It ?orwardi

COHFlOEf^TiALrrY NOTiCETVia email m ay conla^ conftdsnllai and prtvUeeeE) iT)a\enallDf Iht srf,euse cf Ihe intended rsapienKs ). AiiyrBview, USB. dlstribulbn ordsciosre bvolhets Is stnclly p.Tjhibilsd. Hyou have received ihls canmudical im in error, please fio% tfesender immedlalely by ema3 and dstels the message an d any f ile attachments from your sompuler. Thaik yav.

5"


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P a g e 1 o f 2

Y o u f o r w a r d e d th is m e s s a g e o n 2 / 2 2 / 2 0 1 1 9 : 0 7 P M .

D a n L i n d h e i m [ d li n d h e im @ c o m c a s t . n e t ]B r o o k s , D e s l e y

S e n t ; T u e 2 / 2 2 / 2 0 1 1 3 : 0 7 P MV .F r o m :T o :C c :S u b j e c t : F v / d : P u l teA t t a c h m e n t s ;

FV iS e n t from m y i P h o n eB e g i n f o r w a r d e d m e s s a g e :

F r o m : " M o r e n o , D o r y a n n a " < D M o r e n o @ o a k l a n d c i t va t to r n e v. o r q >Dat-p ; F g h n i ar y ? ? J p l 1 ^ - n ^ q ' ; P M P , " H u n te r , G r e g o r y " < q H u n te r g i o a l ^ a n d n e t . c o m > . " S e a m a n s ,D a n i e l " < D S e a m a n s i S i o a k l a n d n e t .c o m > , " B a r n e s , D e b o r a h " < D B a r n e s ; a io a k l an d n e t .c o m >C c : " L a d e n , V i c k i" oaklandcitvattornev.orq>S u b j e c t : R E ; P u l te

D a n :

I spoke with D an Seamans, who is handling the contract, and D eborah Barnesabout the prevailing wages issue. D an^now understands that state law prohibitedcoD5]XLJtion contractor employees frorn providing volunteer labor on the projectif the contractors are to be paid. D an provide me and I provided D eb or ah ^n dShelley a list of the construction contractors that Pulte intends to p ay. Dan S. issupposed to coordinate with Deborah^ as well, and her staff will follow up withPulte and the licensed contractors to construct the labor record (i.e., determinewhich of their employees provided free labor, how much labor they provided andwhat they should have been paid).

D an S . , D e b o r a h : Can you provide Dan L. a status on the investigation?

Doryanna M. MorenoSupervising Deputy City AttorneyOfftce of the City AttorneyO ne Frank H . Ogawa Plaza, 6th FloorOakland, CA 94612510.238.3^92

h U p s : / / o a k i n a i L o a k l a n d n c t .c o n i / li x c h a n g e /D B r o o k s / l t ib o x / 2 0 ] l%20"I e e n % 2 0 C c n i c f / F w d : . . . 2/21 /2012-


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Paae2of2

510.238.6500 (fax)

Original M e s s a g e From: Dan Lindheim [mailto:[email protected]]Sent: Tuesday, Ffjbruary 22, 2011 2:'15 PMTo ; Moreno, DoryannaSubjecl : Pulte

Desley wanted to know where the Pulte payment was, Is there new info?

Sentfnam my iPhone

https://oakmai!.oak]aiidrieLcom/i;':xchangc/DBrooks/Inbox/20l l%20Tccii%20Centcr/r-wd;... 2/21/2012


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F r o m : D a r e n s b u r g , S h e l l e y [ m a i lC o ; 5 D a r e n s b u r g @ 0 3 k l a n d ne t . c o m ^S e n t : F r i d a y , F e b r u a r y 2 5 - 2 0 1 1 , ^ : 0 ^ _ A MT o : Bill 5a"dlerC c : S e a m a n s , D a n i e l ; G a l l e g o s , L a n y ; H u n te r , G r e g o r y ; B a r n e s , D e b o r a hS u b i e c t : Prevai l ing W ages on R ainbow R ecreat ion

H i Bil l ,This email is a fo l low up to our telephone conversation this morffjjg_regarding prevai l ing requ i rements on the R ain tcwRecreat ion Center pro jec t . In rev iewi^ lg^HI^b ids '5ndtnvo ices subm i t ted fo r re imbursem ent , i t appe ars that bids inc ludedlabor and that Pul te and/o r i ts subcontrac to rs are being co mpe nsated fo r no t on ly mater ia l but labor . The L abor Code doesnot exemp t em ployees o f a l icensed contrac to r from prevai l ing wages on a so cal led "vo lu ntee r " pro jec t i f the l icensedcontrac to r em ployer receives payment fo r the pro jec t . There fo re, s ince Pu l te 's b ids app eare d to inc lude tabor and it seeksc o m p e n s a t i o n fo r work at th e R ainbow Teen Ce nter , employ ees o f Pu l te and any o f i ts subcontrac to rs that prov ided labor ,regard less of whether the em ployees wished to prov ide vo lunte er labor , must be paid prevai ling wages.I jbor Code 1702.4 s tates ,

(C)An individual, shall, not bQ considered a volunteer, if the person is otherwise emp loyed forcom pensation at any time (i) in the construction, alteration, dem olit ion, installation, repair, o rma intenance work on the sam e project, or (ii) by a contractor, other, than a corporation qualif ied under.Section SO I (c) (3) of the Internal Revenue Code as a tax-exem pt organization, that is receivingpaym ent to pet^rm construction, alteration, dem olit ion, installation, repair, or ma intenance work onthe sam e project.

Please prov ide the fo l lowing in fonnat ion fo r P u l te and each o f i ts subcontrac to rs : 1) a l is t o f thei r emp loyees that -per fo rmed labor , vo lunteer o r o therwise, on the R ainbow Teen Center Pro jec t , 2) the emplo yees ' nam es, addresses , soc ia lsecur i ty numbers , 3) the dates and hours vwi rked, 4) descr ipt ion o f the work p e r f o r m e d (work c lass i f icat ions) ; 5) hour lywage rates fo r each employee i f any wiere paid, and 6) payro l l records fo r any employees that received compensat ion .Y o u r prompt response to th is request will expedi te Pu l te 's request fo r payment.T h a n k y o u .Shel ley

She l ley D a r e n s b u r gS e n i o r Contrac t Co mpl ian ce Of f icerDe par tment o f Contrac t ing an d Purchas ing2 5 0 F r a n k H . O g a w a P l a v ^ , Sui te 3341O a k l a n d , Cal i fo rn ia 94612(510) 238-7325(510) 238-3363 faxs d a r e n s b u r q P o a k l a n d n e t . c o m

"The orify tyran t I accept In this world is the stiff, voice within."- Mah3tma Gandhi

hltps;//oaknia!l.oaklaiK!act.coni/xchauc;/DB rooks/hibo>a'201 1%2 0T cea%20 Cciiler/R E:^ 2/21/2012


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H i Desley,A r e yot okay with the below scope or di d you want us to i ncl ude s ome th ing el se with thenew al lo tm en t of NPl funds?Thanks,L a r r y -

L a r r y Galleg os (e- mail : lagalle gosl^o akland net. com)C i t y of Oakland, C E Q A - Redevelopment D i v i s i o n250 Frank Ogawa- Pl a t a , 5th Floor

I, Oakland; CA 94612(510) -238-6174 ph.(510) 238-3691 f ax

'FromT "pafi'kh'/ "Rupa " ~- Sent; Wednesday, Wa^ch J7, 2010 3; 38T o : Gallegos , LarryC c : -Soo Hoo, L i l y ; Schwarz, A l i s o n ; Bembry, Rsco; Seamans, DanielSu bj ec t: RE: Rainbow Rec Cent er - NPI grant update and responseImportance: H i g h

L ar ry - I j u s t .spoke with Reco. Can you ple as e ru n th i s scope by Counc ilmem ber Brook s

$54,000 i n C o l i s e ' j u n ' N P i funds to redo Gym F l o o r i n g , redesign windows on ri gh t 'and l e f tsi de s of entryway, and pay fo r new bl in ds t o h el p with heat management.

These seem to be the current pr i o r i t i e s of Park s and Rec. st af f - bu t th ey would r a t h e r ' h a v eus double check with Co'oncilmember Brooks'to make sure she agrees . .-

Thanks,Ruoa .

Rupa'Parikh^ Urban Econcynic Analys t I I J C i t y of Oa klan d - Redevelopment D i v i s i o n250 Prank H. Ogawa P l E f z a , Suite 5313


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O r i g i n a l Message--'Fron:~Ero-crIrs,-De-srey--- - T' - , -S e n t ; >!ed 3/17/2010 3:54 PM - .T o: G a l l e g o s ; L a r r yC c ; H u n t e r , , G r e g o r y ' " . 'Su bj ec t: RE: Rainbow Rec Cent er - N?I gr an t update and responssN o , I am not oJcay with this scope. C a l l nie to discus s f ur th er .

Desley BrooksC o u n c i l Member, ' ^Dist r ict 6C i t y H a l l1 FranJ: Ogawa Plaza, 2nd FloorOa)LLand, CA ^ 94612\510] 235-7006 . ' ' (510) ,985-2650 (Facsimile)

dbrooksSo ak landne t. com

Keep i^aking a Dif fe re nc e Pay 'It Forward!

F r om ; G a l l e g o s , L a r r yS e n t : Wednesday, M a r c h 17, 2010 3:49 PM ' . -T o ; B r o o k s ^ D e s l e yS i i b j e c t : . F r i ; . Rain bo w Rec C e n t e r - MPI g r a n t u p d a t e - and r e s p o n s eI m p o r t a n c e : H ig h

7


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Oakland, CA 94612P h: (510) 238.6248Fax-. (510) 23B.3691Note: I am i n the - o f f i c e Mon-Wed only.

From: Bembry, RecoSent: Wednesday, March 17, 2010 3:26 PM -T o: Seamans, Daniel; P ar ikh , .R u p aCc: 'Gal legos, Larry ; Soo Boo, L i l y ; Schwarz, A l i s o nSu bj ec t: RE: Rainbow Rec Ce nt er - NPI gra nt update and response

H e l l o Team, as you a l l know, and as is appar ent by the work t h a t ' s al r ead y s t ar ted a t thes i t e . C o u n c i l Member Broo ks has a v i s i o n , a scope and a pr iv at e sec to r match . involved wi-tha c t i v i t y at Rainbow Recrea tion Teen Center and po t e n t i a l l y the main re cr ea ti on f a c i l i t y asw e l l . ^^_^*i,S!S.^^^^2-}J-.r.^^^-^^- ^'^ hfi '^, fT^'i '^^TTig, soqpe^ I a ga in , recommend you co nt ac t herd i r e c t l y , my thought i n i t i a l l y was to v i s i t the sTte to al t - l e a s t have a handle , of whatthe si te looks l i k e and the lo ca ti on and pro xi mi ty of bot h NPI pro je ct is and how they, mightconnect to the Prop 84 gra nt su bm it ta l, we've, done thait po r ti o n as a. pre -m ee ti ng phase,now i t ' s time to Id-ck phase I I i n gear.

Phase i l - meeting with Councilmember Brooks to .determine v i s i o n and scope.

I hope this is helpful,>

Reco

From: Seamans, D a n i e lSent: Wednesday, March 17, "2010 2:07 PM 'To: P a r i k h , RupaCc: G a l l e g o s , L a r r y ; Soo HoOr L i l y ; Bembry, Rec o ;" Schwarz, A l i s o nSubject: RE: Rainbow Rec Center

H i , Rupa

I am working on implementi ng the previ ous t^PI gr an ts , and I have not be en d et er mi ni ng t heunmet needs at the si t e i n a comprehensive way. It seems to me t h a t the propos ed scope f o ra d d i t i o n a l grants i.n t h i s fu nd in g round sho ul d come f rom the Parks and Rec depart ment, or'perhaps from Councilmember Brooks. Reco Bembry i s th e Par ks and I^e c-per son who i s i ncharge of the 5818 In te ri ia ti on al Teen Cen ter and the Rainbow Rec Ce nt er , and I th in k hewould be the best person to ask, There i s a la rg e Prop 34 grant a pp l i c a t i o n pending f o rboth f a c i l i t i e s .that A l i worked on, so she -would ki iow how b e s t t o coord ina te with t h a t .3


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When Reco and I were out at the Rainbow Rec Center the f a c i l i t y manager informed us t h a th i s most pressing need was f o r r e s t o r a t i o n of the gym f l o o r i n g , and the gym i s not coveredi n the Prop__64 grant proposal, sn t h i s .migh-t hp thp hp.gt ntip nf t-hp funds at Rainbow RecC ente r .

D an i e l SeamansC i t y of Oakland, CEDA Redevelopment250 Frank Ogawa Pl az a, Su it e 5313Oakl and, CA 94 612-2034Phone; 510-238-3250F a x : 510-238-3691dseamanseoaklandnet.com

From:- Pari kh , Rupa . " " .Sent : Wednesday, March 17, 2010 1:54 PMT o : Schwarz,'-Alison; Seamans, Danie lC c : Gallegos, La rr y; Soo Hoc, L i l yS'ub'jectT "RE: Rainbow"Rec"C 'ef ite r "

H ow soon would you be able to get. a scope to us? We ba s i c al l y have $54K t h a t we' rew i l l i n g to give to you i f ybu want i t , but we c a n ' t do t h a t u n l e s s we can j u s t i f y to theC i t y Attorney's Of fi ce and the C i t y Council what,'the funds would be used f o r . I have twoweeks to f i n a l i z e the NPI aw^rd.q B P H r-^mniP P -hha Pn-t-t-nn-ii &ftpnr-t-. - L e t me know iT^^yongijys"c^TT'C^ne'up with a basic scope t h a t the At tor ney 's can review withi 'n" 't hat- 'f ime framed ; ^ '

Rupa

Rupa Pari kh, Drban Boonomic A na ly st I I IC i t y ' o f Oakland - Redevelopment D i v i s i o n250 Frank H. Ogawa- Pl az a, Su i t e 5313.Oakl an d, CA 94 612 P h : (510) 238.6248F a x : (510) 23B.3691Not e: I am i n the o f f i c e Mon-Wed onl y.

From; Schwarz, A l i s o nSent: Wednesday, March 17, 2010 12:03 PMT o : Parikh, Rupa; Seamans, Danie l -C c : Gallegos, L ar ry ; Soo Hoo, L i l ySubject : RE: Rainbow Rec Center


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No. At t h i s time we have a v e r y c o n c e p t u a l p l a n f o r b o t h the Rec. c e n t e r and .the TeenC e n t e r . A scope would have to be d e t e r m i n e d .

A l i SchwarzProj ect Del ivery, Fa ci l i t i es PlanningC i t y of .Oakland, P ubl ic Works Agency250 Fr ank H. Ogawa Pl az a, Su it e 4344 Oakland, CA 94612(510) 23B-7310From: Parikh, RupaSent : Wednesday, March 17, 2010 11 :30 AMT o : Seamans, Daniel; .Schwarz, A l i s o n .C c : Gal leg os, Lar ry . 'S u bjec t : RE: Rainbow Rec Center

Dan and . A l i :

I f we gi ve 554K to Rainbow Rec. Center f rom t h i s 2010_ Colis eum NPI ro un d, do yo u know whati t would specifically be used on?

Thanks,/ Rupa

Rupa -Par ikh; Drban Economic An al ys t I I IC i t y of Oakland - Redevelopment D i v i s i o n250 Frank H. Ogawa Pl az a, Su i te 5313.Oakland, CA 94612P h : (510) 23B.624BFax: (510) 238.3691Note: . I am i n the o f f i c e Mon-Wed on l v .

From: Gallegos, LarrySent: Wednesday, Karc h 17, 2010 11 :09 AMT o ; Parikh, RupaS u b j e c t : FM: Rainbow Rec C e n t e r

lb


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F y i .

L ar ry Gall egos (e-mail ' : lag all ego s^ oa kla nd net .com}C i t y - * o f Oakland, CEDA- Redevelopment D i v i s i o n250 Frank Ogawa Plaza, 5th FloorOakland, CA 94612 ' '(510) 23B-6174 ph . (510) 23B-3591 fax -

From; Seamans, DanielSent: Thursday, M a r c h - . l l , 2010-12:55 ?MT o : Schwarz, A l i sonC c ; Gallegos , Larry ; Berobfy,- RecoSu bj ec t: RE; Rainbow Rec Cent er

H i , A l i '

Thanks for sending the plans.I have^^ questions:1. When w i l l the C i t y hear about the gr an t? .2 . We have 540,000 of NPI fu nds to do mi no r improvements on the Re c Ce nt e r, and a ls o NPI

fu nds fo r the Teen Center. I f the C i t y does no t get the gr an t, do you have room i n you rschedule f o r the design and con st ru ct io n mana gement. of these smal l improvement pr oj ec ts ? I.bel ieve .we. have .fun ding fo r t h i s .3. I f the grant does come throu gh, can the N PI pr oj ec ts be coo rd in at ed and managed withth e grant improvements? ... _ . -

Thanks,

D a n i e l SeamansC i t y of Oakland, CEDA Redevelopment250 F ra n k Ogawa P l a z a , S u i t e 5313Oakland, CA 94 512-2034Phone: 510-238-3250Fax: 510-238-3691dseamansgoaklandnet.com

l i


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H i paniisl ,I be li eve you are co rr ec t, the proje ct i n the past has been managed by the'Councilmemberd i r e c t l y . Do you have a copy of the NPI grant ? I can have s t a f f ,to see what was. comple-tedo r no t and we can work fr om there . I do remember the windows were 's up pose ,t o be done an d.they aire not an'd th e t i l e i n the back room i s no't done to my kn owl ed ge . I have c c RecoBembry on t h i s ema il who i s t he 'G en er al Manager and who w i l l be the, con tac t f o r yourQuestions.

Plea se le t me know i f I can be of f u r th er as si st an ce . ,Audree

From: Seamans, DanielS en t: Wednesday/ M ar ch -0 3, 2010 11:4.7 AMT o : Jone s-T aylo r, Audree V.C c : Gallegos, Larry; Parikh, RupaSu bj ec t: Rainbow Rec Cent er ,

H e l l o , Audree

I have been assi gned to work on implemen tati on of the NPI pr o j e c t s f o r the Rainbow-RecCenter and the 5B1B In te rn at io na l Teen Ceh ter , I would l i k e to check with -yo u to v -e r i f ywhat has happened with the FY 2Da5-7NPI pr oj ec t f o r the Rec Cen te r.) m *I correct in th i nki ng t ha t the pr oj ec t .f r om FY 2006-7, f o r $40, 000 to improve thecen ter by adding new t i l e s and windows and othe r minor c a pi t a l - in ve st me nt s, has not be enimplemented?Thanks f o r your he lp, . . , ;

Daniel SeamansC i t y "of OaJQand, CEDA Redevelopment250 Frank Ogawa Pl a z a , ' S u i t e 5313Oakland, CA 94512-2034Phone: 510-238-3250F ax: 510-238-3691dseamansGoaklandnet.com


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Fr o m ; S c hw a r z , A l i s o nS e n t ; T h u r s da y , M a r c h l i , 2010 10:47 AMT o : Seamans, D a n i e lC c: G a l l e g o s , L a r r y ; Bembry, RecoS u b j e c t : RE; R a i nb o w Rec C e n t e r

D a n i e l ,

I have attached the s i t e pl an f o r the Rainbow Park Expa nsi on and New Teen C en te r gr an ta ppli ca ti on . You should know that- C o u n c i l Member Bro oks i s i n th e pr oces s of doing- someimprovements to the teen center that are a bi t d i f f er en t f rom what i s on the Teen .Cen terf l o o r layout on th is pl an .' If -we get the grant we w i l l be s t ar t i ng from whatever has beeicompleted th is spri ng by Council.Member Brooks e f f o r t s . '

L e t me know i f you have any questions.

A l i Schwarz'Pro ject 'Del ivery, ' 'Faci i ' i t i 'e ' s ' Planning- 'C i t y of Oaklan d, Pu bl ic Works Agency250 Frank H. Ogawa' Plaza , Su it e 4344Oakland, CA 94 612(510) 238-7310From: "Seamans, DanielSent: Wednesday, March 03, 2010 5:35 ?MT o : Schwarz, . A l i s o nC c : Gallegos, Larry; Bembry, R.ecoSu bj ec t: RE: Rainbow Rec Cent er

H i , A l i

I j us t spoke wi th Reco Bembry about the. impl eme nta tio n o f the CQ lise um RedevelopmentNeighborhood Pro je ct I n i t i a t i v e (NPI) pr o j ec t s f o r the Rainbow Rec Ce nt er ($40K) and the5818 In te rn at io na l Teen Cent er ($80K) . Reco men tio ned t h a t you have just f inis t ied-work ona large Prop 84 grant appli cat ion fo r the teen Cente r. Sin ce any improvements t ha t weUndertake with the NPI fund s sho ul d ccinplement th e propo se d work f o r the prop- 84 grant i twould be u se f u l i f you cou ld 's end me a copy of the pla ns or th e scope of work from thegrant proposal , i f they are a va il ab le . - Reco and I al so wondered i f we co u l d inv ol ve youi n the planning of the NPI funded work, to take advantage of your know.ledge of the s i t eand ,the proposed grant .

Thanks,

Daniel Seamans

\3


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F it ED -O r f i C E 01- IH Z CiT ' t CI ER f2010 APR 15 PH 5! 17

REDEVELOPMENT AGENCYOF THE CITY OF OAKLANDR esolution N o. _ _ _ _ C M S .

AGENCY RESOLUTION ALLOCATING FUNDING IN ANAMOUNT NOT TO EXCEED $180,000 UNDER THE COLISEUMREDEVELOPMENT NEIGHBORHOOD PROJECT INITIATIVE(NPI) PROG RAM FOR (1) ART GARDEN BEAUTIFICATIONPROJECT AT PETERSON STREET BETWEEN FORD STREETAND CHAPMAN STREET (2) STREET BANNERSBEAUTIFICATION PROJECT ALONG INTERNATIONALBOULEVARD IN THE FRUITVALE DISTRICT (3) MURALBEAUTIFICATION PROJECT AT 1446 HIGH STREET (4)IMPROVEMENTS TORAINBOW RECREATION CENTER AT5800 INTERNATIONAL BOULEVARD (5) CORRIDORBEAUTIFICATION PROJECT ALONG INTERNATIONALBOULEVARD FROM 67 AVE NUE TO 72" AVEN UE (6) STRE ETBANNERS AND UGHTPOLE PAINTING BEAUTIFCATIONPROJECT ALONG INTERNATIONAL BOULEVARD IN THEELMHURST DISTRICT (7) INTERIOR AND EXTERIORIMPROVEMENTS TO THE EAST OAKLAND BOXINGCOMMUNITY CENTER AT 816 98 AVENUE; AND (8)LANDSCAPING IMPROVEMENTS TO SOBRANTE PARK, ANDAUTHORIZING A CONTRIBUTION OF AGEN CY FUNDS IN ANAMOUNT NOT TO EXCEED $74,000 TO THE CITY UNDER THECOOPERATION AGREEMENT FOR THE RAINBOWRECREATION CENTER AND SOBRANTE PARKIMPROVEMENTSW H E R E A S , the Redevelopment Agency adopted the Coliseum Redevelopment

Neighborhood Project Initiative ("NPI") program on July 19,2005 by Resolution N o. 2005-0044 C. M. S. to assist in addressing general blight conditions within the ColiseumRedevelopment Project Area, and allocated $ 180,000 as the Agency budget authorization fo rFiscal Year 2009-2010 for the program; andW H E R E A S , Coliseum Redevelopment staff reviewed all applications to the NPIprogram and made recommendations for fijnding under the program; and


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W H E R E A S , under the N P I program guidelines, all improvements proposed to befunded by the program must be submitted to the Agency fo r review and approval; andW H E R E A S , the City of Oakland and the Redevelopment Agency entered into aCooperation Agreement on July 1, 2004, which generally governs the provision o f assistance;

and the payment of funds between the two agencies, including Redevelopment Agencyfinancial contributions and other assistance to support City-sponsored improvements; andW H E R E A S , Section 33445 of the California Health and Safety Code authorizes aredevelopment agency to pay fo r the installation cost or construction o f publicly-owned

facilities, if the legislative body has consented to such funding and has made certain findings;andW H E R E A S , the City Counci l is consenting to the use o f Agency funding fo r theimprovements to City-owned property under the N PI program pursuant to Section 33445 ofthe California Health and Safety Code; andW H E R E A S , Redevelopment staff recommends that $180,000.ofNPI program fundsbe allocated fo r the following improvements:

Art garden beautificationproject at Peterson Street between Ford Street and ChapmanStreet ($8,000) Street banners beautification project along International Boulevard in the FruitvaleDistrict ($24,000) Mural beautification project at 1446High Street ($28,000)'

Improvements tn Rainbffw F^^r^ion Center at 5800 International Bouleyard-($54,0002,

- Corridor beautification project along International Boulevard from 6?'*^ Avenue to 72"''Avenue ($6,000) ' Street banners and light pole painting beautification project along InternationalBoulevard in the Elmhurst District ($20,000)

Interior and exterior improvements to the East Oakland Boxi n g AssociationCommunity Center at 816 98* Avenue ($20,000)

Landscaping improvements to Sobrante Park at 470 E l Paseo Drive ($20,000); andW H E R E A S , funding fo r the improvements identified above wil l be transferred from

Coliseum Operations Fund (9450), Coliseum Redevelopment Organization (88659),Miscellaneous Services Account (53719), Undetermined Project (000000) to projects to bedetermined; andW H E R E A S , the Agency Administrator requests authorization to make all requiredexpenditures and enter into grant agreements with the project sponsors to implement all theimprovements funded by the N P I Program within the project budgets without returning to the

Agency for further approval; now, therefore, be itR E S O L V E D ; That the Redevelopment Agency hereby adopts the recommendations

from Redevelopment staff fo r funding allocations under the Coliseum N P I program and


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authorizes funding for those projects identified above in an amount not to exceed $180,000;and be itF U R T H E R R E S O L V E D : That the Agency hereby authorizes a contribution of$74,000 in Redevelopment Agency funding from Coliseum Operations Fund (9450),

Coliseum Redevelopment Organizafion (88659), Miscellaneous Services Account (53719),Undetermined Projects (000000) to the City under the Cooperation Agreement for theimprovements to the Rainbow Recreation Center and landscaping improvements to SobrantePark to Oakland Redevelopment Agency Project Fund (7780) in a project to be established;and be itF U R T H E R R E S O L V E D : That the Agency herebyfindsand determines as follows:

1. That the funding of improvements to City facilitiesand public improvementsunder the N PI Program will benefit the Coliseum Redevelopment Project Area byhelping to eliminate physical and economic blight within the Project Area fo r thereasons set forth in the staff report accompanying this Resolution;2. That due to the fiscal constraints on the City's general fund and the high number ofcapital projects and public safety projects competing fo r limited City funds, neitherthe City's Capital Improvement Program budget nor other City funds are availableto providefinancingfo r the City facilities and public improvements authorized fo rfunding under the Coliseum N F l program, and therefore no other reasonablemeans offinancing hese projects is available to the City other thanRedevelopment Agency funding;3. That the use of tax increment funds from the Coliseum Redevelopment ProjectArea for the above projects is consistent with the implementation plan adopted fo rthe Coliseum Redevelopment Project; and be it

F U R T H E R R E S O L V E D : That the Agency Administrator is authorized to negofiateand execute grant agreements with (1) the Jingletown Arts and Business Community, (2) TheUnity Council, (3) LB C Associates, (4) Keep Oakland Beautiful, (5) Allen Temple Housing,and (6) East Oakland Boxing Association, or their affiliates, for the above improvementprojects; and be it


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F U R T H E R R E S O L V E D : That the Agency Administrator or his designee isauthorized to take any other action with respect to the above projects and the NPI Program .consistentwith this Resolution and its basic purpose.IN A G E N C Y . O A K L A N D , C A L IF O R N I A , 2010PA S S E D BY THE FOLLOWING V O T E :A Y E S - B R O O K S , DE LA F U E N T E . K A P L A N , K E R N I G H A N , N A D E L . Q U A N , R E I D . ANDC H A I R P E R S O N B R U N N E RN O E S "A B S E N T -A B S T E N T I O N -

A T T E S T :L A T O N D A S I M M O N SSecretary of the Redev e lopmen t A g e n c yof the City of Oakland, Ca l i forn ia


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OFFICE or THE CITT (.lP

2010 APR 15 PM 5: 17

OAKLAND CITY COUNCILRESOLUTION NO. C.M.S.

RESOLUTION ACCEPTING AND APPROPRLVTING REDEVELOPMENTAGENCY FUNDS UNDER THE COOPERATION AGREEMENT IN ANAMOUNT NOT TO EXCEED $74,000 FOR (1) IMPROVEMENTS TO THE; RAINBOW RECREATION CENTER AT 5800 INTERNATIONAL-,^ U L E VARD, AND (2)LXNDSCAPING IMPROVEMENTS TQSOBRANTEfSRK AT 470 EL PASEO DRFVE WITHIN THE COLISEUMREDEVELOPMENT PROJECT AREA UNDER TH E NEIGHBORHOODPROJECT INITIATIVE (NPI) PROGRAM

W H E R E A S , the Redevelopment Agency adopted the Coliseum RedevelopmentNeighborhood Project Initiative ("NPI") Program on July 19, 2005 (Resolution N o. 2005-0044C.M.S.) to assist in addressing general blight conditions within the Coliseum RedevelopmentProject Area; and

W H E R E A S , all projects proposed to be funded by the program have been submitted tothe Agency for reviewand approval; andW H E R E A S , the City of Oakland and the Redevelopment Agency entered into aCooperation Agreement on July 1, 2004, which generally governs the provision of assistance andthe payment of funds between the two agencies, including Redevelopment Agency financialcontributions and other assistance to support City public improvements; andW H E R E A S , Section 33445 of the California Health .and Safety Code authorizes a

redevelopment agency to pay for the cost of installation or construction of publicly-owned facilifies,if the legislative body has consented to suchftindingand has made certain findings; andW H E R E A S , the Redevelopment Agency has authorized $180,000 of NPI Program fundsfor improvements to public and non-public facilities, including $74,000 fo r two City-sponsoredprojects and other funds fo r improvements to City public improvements; now, therefore, be itR E S O L V E D : That the City Council hereby consents to Redevelopment Agency funding


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of improvements to City facilities and public improvements in the Coliseum RedevelopmentProject Area under the NPI program, and accepts a contribution of $74,000 in RedevelopmentAgency funds under the Cooperation Agreement for the City-sponsored projects below andappropriates such funds to the City repayment account in Oakland Redevelopment AgencyProjects Fund (7780), in projects to be established for the following:4 $54,000 for improvements to the Rainbow Rprrpatin^ Pppipr located at 5800International Boulevard: $20,000 for landscaping improvements to Sobrante Park located at 470 E l Paseo Drive;and be itF U R T H E R R E S O L V E D : That the City Council herebyfindsand determines as follows:1. That the funding of improvements to City facilities and public improvements underthe NPI Program will benefit the Coliseum Redevelopment Project Area by helping to

eliminate physical and economic blight within the Project Area fo r the reasons setforth in the staff report accompanying this Resolution;2. That due to thefiscalconstraints on the City's general f\ind and the high number ofcapital projects andpublic safety projects competing for limited City fiinds, neitherthe City's Capital Improvement Program budget nor other City funds arc available toprovidefinancingfo r the City facilities and public improvements authorized forfunding under the Coliseum N PI program, and therefore no other reasonable means offinancing these projects is available to the City other than Redevelopment Agencyfunding;3. That the use of tax incrementftindsfrom the Coliseum Redevelopment Project Area

for the above projects is consistent with the implementation plan adopted for theColiseum Redevelopment Project; and be it


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F U R T H E R R E S O L V E D : That the City Administrator or his designee isauthorized totake any other action with respect to the above projects and the NPI Program consistent with thisResolution and its basic purpose.

IN COUNCIL , OAKLAND, CALIFORNIA, ^ , 2010PASSED BY THE FOLLOWINGVOTE:AYES - BROOKS. OB LA FUENTE, KAPLAN KERNIGHAN. NADEL, QUAN, REID, and PRESIDENT BRUNNER i

IN O E S - I1A B S E N T -ABSTENTION - ATTEST: LaTonda SimmonsCity Clerk and Clerk of the Councilof the City ofOakland. California


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I'

Hey Audree.We f i n a l l y opened the Academy today. He need to have i j a c f c g r o u n d c h e c J c s run on t h e 'i n s t r u c t o r s , t e l l me what-the p r o c e s s i s to have t h i s done. A l s o I want the academymarketed w i t h the o t h e r sununer camp programs. Let me Xnow what we need to do f o r t h i s asw e l l .Thanks.D e s l e yP e s l e y B r o o ks .V i c e Mayor . .' *Oakland C i t y Cou nci l Member, D i s t r i c t 6C i t y H a l l ' ' , ' 1 Fra nk Ogawa-Plaza, 2nd F lo o rOakl and, C A ' 94612 - ' (510) 238-7006 (o ff ic e) ' . ,(510J 986-2650 (facsijnile)dbrooks&oakiand net.com . _Keep Making A Di ff er ence Pay I t Forward! . . . . .


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Pax: (510)238-6129cgai:zon@oah'kndnet. com

,om:'Mftchei |, 'JasonS e n t ; Tuesday, -Ma/ch 29,2DiJ ID . ' ID A M . - - - 'T D ; Look, Daryf; Garzon, Clara . - ,Cc; Wright, titea 0.; Taylor-(-foi


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Thanks,Sparyl \fo m : MItchel! , JasonS e n t; Monday, M arch 28, 2011 1:08 PMT o ; lo o k , D a ry lS ub je ct ; R E: New Hires for Councilmember BrooJcs OrfjcsHello D aryl, . , ' Th e folio wn g individuals-have completed and passe d the fingerprinting (live scan) and background'test:the others are being-processed ana' their status is stiii pending.Thanks ,' - '

.Jason M.F r o m : Look, Daryl S ant: .Mo nday , Mardi 28, 2011 12:08 PM

. J D : Mitchell; Jason^)ubject: NeW HirK for Councilmember-Brooks Office

Jason,Cm reviewing some documents that were subrnitted through DHPwM today. C an you please. Donfinn if any required -backgrou nd che cks have been completeo' forthe following applicants who are going through.the hiring p roc es s forCouncilniejribef_PSE-14;_positjonE? l-understand they ar e going to.be working on the "R ain bo wT ee n C en ter " which' m ayhave'exposure-to-working-wftii youth' (as well as other pos slb ie.C ou nc il projects). . . - .

Although these positions appear to be funded out of the C ity C ou ncil Office, it's apparent the em ploy ee s v/ii)beworl


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by e arly n exi week. Namialty, no iiours are worked by emp loyees until background chsci'^ are complete and results have. been reported./" -"'.Thanks,' )ryl . - - -

r r o m : L ook , Dary lS e n t : Tuesday , March 29,2011 4:38 PM . . , - . ^To: Garzon, Clara; Mitdiell, Jason ' ' .. . . .. Co : W right, Lisa D.; Taylor-Uoyd,. Michelle; Sandiez, Susan; Clay, Joyce r.; W a!5h,;.l


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w h i l e out of s c o p e , t h i s i sa n e x a m p l e t h a t c o r i - o b o r a t e st e s t i m o n i e s of c u l t u r e .

F r o m : Libby Schaaf Sent: Tuesday February 05,20131:24 A M To: Santana, Deanna; Jordan, Howard; Bolton, Christopher; Stbffmacher, Bruce; N osakhare,

SheredaS u b j e c t , police staffing

M y #1 goal for 2013 is to figure out how to get Oaklaiid to 1,000 cops (and adequate ci-vilians to support them)witbin a reasonable amount of time. A s I think yo u both know, I've asked Donna.Hom to develop an excel toolthat would allowus to easily cost-out variousscenarios. Fimiring out costs and the timing o f costs w i l l help usidentify"the gap and make the case to voters and other flinders of our need and our plaa. B ut let's not talk about"money fornow... ' . * -

It seems that right now, no matter how much moneywe had, we are not .physically capahle o f hiring up quickly 'enough. I've heard and believe fh e adage "quick to hire, quick to fire." Wecan't rush hiring so much that we . compromise on quality. I know in the past we contracted out traimng withmixed results. At'the same time, if 1we accept the current status quo.ofbeiagable to run only 2 academies a year, producing,only 80 new ofiica:s ayear, offset by up to 60 officerper .year attrition (netting us only20 officers'per year) - we wont'get to 1,000 for19years 2032. Not accq)table. .If we could e!q)and academy size to graduate 45 o:Sicers, run 2 and a half a year, and reduce attrition to 3officers a month, .that wouldnet'76-77 ofScers a year. That would get us to 1,000 in 5 years or 2018. Throw in 1lateral academy a year of 10, we could get to 1,000 in 4.5 years. That feels a bit better. If you see other feasiblescenarios that get us to 1,000 in under 5 years, please tell me. A l l ideas should be on the table.So here are questions Pd like answered:

.1 . What are fh e roadblocks (besides moaey) to running more than 2 academies a year? H ow can we get overthem? Once these roadblocks are removed,.how many academies can we run a year without compromising ihequality of recruits or liie quahty of training?2. What are the roadblocks' (be3ides money) to expanding-the class size of each academy? -How can we get overthem? Once these roadblocks are removed^ how many recruits could each academy accoromodate without -coiaprpmising the quality of recruits or the quality of training?3. I've heard in the past that laterals don't always work out for OPD. Are there certain conditions (s,g., salaryreductions or layoffs in other jurisdictions) that malce condit3.ons better fo r atti'actiiig quaiit} lateral recruits? Dothose conditions exist now? H ow does the N S A affect o or ability to recruit quality laterals? A re there other . -factors that could help infltisefforts (PR, targeted recruitment, sigmng bonris?) Can a lateral academy be doneat the same time a regular academy is ranning without delaying either? Whst can we do to make lateral hireswork better fo r Oakland?4. Have we assessed our predicted attrition rate fo r tlie coming year? Due to less officers at retirement age, etc.do we have reason to estimate- it -will go do\ i? Can we do a s'ur 'ey or H.g3essmei3.t. of the causes of OPD'scmxent attritio.n rate? Would a D R O P prograrn. such a-s tbey rise i i i l A red.'i'ice our attdtioa a:-*d be justified untilwe reach 1,000 officers? " Tiat else can we do to reduce atbrttion? ' . '


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City Council Code of EthicsFrom Resolution N o . 78307 C . M . S .

Each member o f the City Council has a duty to:1. Respect and adhere to the American ideals of government, the rule of law, theprinciples o f public administration and high ethical conduct in the perfomiance of publicduties.2. Represent and work for the common good of the City and not for any private interest.3. Refrain from accepting gifts or favors or promises of future benefits which mightcompromise or tend to impair independence o f judgment or action.4. Provide fair and equal treatment for all persons and matters coming before the Council.5. Learn and study the background and purposes of important items of business, beforevoting.6. Faithfully perform al l duties o f office.7. Refrain from disclosing any information received confidentially concerning thebusiness of the City, or received during any closed session o f the Council held pursuantto state law.8. Decline any employment incompatible with public duty.9. Refrain from abusive conduct, personal charges or verbal attacks upon the character,motives, ethics or morals o f other members of the Council, staff or public, or otherpersonal comments not germane to the issues before the Council.10. Listen courteously and attentively to all public discussions at Council meetings andavoid interrupting other speakers, including other Council members, except as may bepermitted by established Rules of Order11. Faithfully attend all sessions of the Council unless unable to do so because ofdisability or some other compelling reason.12. Maintain the highest standard of public conduct by refusing to condonebreachesof public trust or improper attempts to influence legislation, and by beingwillingto censure any memberwho vvillfully violates the rules of conduct containedin thisCode of Ethics.

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Oakland Councilmember Desley Brooks Responds To Pat Kernighan's Censure Attempt

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