Speaker 0: So, Madam Clerk, will you please introduce item 26 Dash? Where are we? I mean, 26 might be talking about it. It could be.
Speaker 1: Recommendation to consider providing direction to staff to prepare a charter amendment, ballot measures and potentially determine the election date when measures will be on the ballot. And I can quickly just tell you all that following up from your previous meetings, we, you know, kind of just wanted to bring back the items. So we've got up City Prosecutor Council Pay Section seven, dash three, and then Article 26 that you just addressed in the previous agenda item. And so basically the discussion tonight is if you want to proceed with any of these other measures and then if you wanted to start talking about which election you'd like to put them on , and that is the next part of it. So the city attorney and I can answer any questions you have about this, but will in time sake, we'll just move on.
Speaker 0: Okay. And Vice Mayor, this is your in council day thugs, baby, right?
Speaker 2: Yeah, kind of, yeah.
Speaker 0: So, um. So if you want to. I'm sorry. I'm struggling with the frozen iPad, but if you want to just, uh, discuss, introduce this. Um.
Speaker 2: I mean, I, I think the city clerk did, just did a great job. Basically, we voted all these things down. I actually just had a question, uh, by two questions. One, is it.
Speaker 0: I'm sorry, we only give one.
Speaker 2: Is the council today able to put things on the 2022 ballot or would, would putting things on a future ballot, meaning that a new future council. So basically it's just punting.
Speaker 1: Right. I think it was just to tell you what the election date options were and and the timing involved with it. For example, the council page item, you know, if there's talk about putting it to November 22, then it would also change the implementation date because it would have to bump back further to when everybody who's on the council at that time terms expired and things like that. It was just trying to figure out timing issues and explain them and be ready to go.
Speaker 2: That's right. I just wanted to be I wanted to be clear for myself that the only election we can actually put things on is 2020. Yeah. Okay. Excellent. And then I guess the question for I'm going to assume the city attorney on 20 on section two, Dash 16 in the gender neutral language section, changing all references of his to his or her. I'm curious if we considered using they or their instead so that we can get away from the we could fully be gender it rather than just binary gender it.
Speaker 0: You're asking that of the city clerk?
Speaker 2: I know the city the city attorney whose hand is up. I think he's waiting to be called.
Speaker 0: I am so sorry. I'm looking over here. Yes, I'm city attorney. I'm sorry. I'm looking the wrong direction.
Speaker 2: Thank you, madam.
Speaker 0: Screen. I mean, really.
Speaker 2: Councilmember? Not quite. I want to answer your earlier questions as well, which is that technically the council could direct a measure be placed on a future election date, so any future council would have the right to withdraw it. So, you know, so you're not without authority to choose a future date, but it could be withdrawn by any future council. With respect to your question about, they will certainly be happy to take your direction. That's certainly not a problem.
Speaker 1: Yeah. And if I could jump in on that part to that, what is in the staff report is what is currently in the charter that's actually citing the current charter section language that isn't the proposal about what the language would be. I was actually just putting in the pertinent charter section as they exist now so everybody could see it very clearly. So, yes, that's all it was.
Speaker 0: Thank you. Okay. I saw. Oh, I saw Councilmember Velez hand up, but now I don't see Councilmember Vela. There she is. Okay, well, sorry about that. When I could see, I had an issue. Sorry. All right. So. So my. My question was, if if we. And we got the clarification from the city attorney that we could potentially put it on a future ballot like that, even though there will potentially be a new council. There will be a new council seated. My question is, would that then go back to the council? Will it be? Will there be like a hold for an agenda item for that future council to either confirm or to affirm or change and affirm, amend or decide to reverse the action? Good question. What's what's the answer? Um.
Speaker 2: City Attorney So there is no legal requirement that you offer that agenda item to the new council. If you direct it, staff will certainly do it. Or the new council can direct staff to bring it back, but it is not required by law. So let's hypothetically you choose to put, you know, item eight on some agenda in the future. We bring you back the resolution you adopted. It goes assuming you adopt in the future the language and all of the implementing regulations. But a future council could pull it back. You could at that time also direct us to bring it back to a future council for their affirm, if you would like. But it's not a legal requirement that we do so.
Speaker 0: Okay. And then my other question is, so if we could could we also say we're declining it at this time, but please bring it back to us. So please bring it back to the council, just like we would with the referral, the referral list or whatever, where we can ask for items to come back. Is that how we would do that?
Speaker 2: You could certainly do it that way, too. You could choose to not take action and direct us to bring it back. Know next February next year.
Speaker 0: Thank you. Um. Okay. Um. What? Um. What further discussion are there, Councilmember Brody?
Speaker 2: I had a question. Yeah. I'm wondering why 20 to the seven is here. Is that related to the council pay proposal or is that there for a different reason? And the same with 20 2-8.
Speaker 1: I can, I think, answer that one. So in under the cleanup language, generally those sections were ones I had kind of tickled that we basically don't bring back, you know, the per diem amounts because they're set by the state now and that doesn't come to council annually. And then the hours and 20 2-8 are not what the city hours have been. So it was just things that aren't really so they're just under the general cleanup section and that was just some items that, you know, don't match.
Speaker 0: Soccer.
Speaker 1: Practice. So that's all they were.
Speaker 2: Thank you.
Speaker 0: Okay. So all right, so I'm hearing this discussion of dates. I, I would think that there are some items that we do want to bring in 2020, November of 2020. Councilmember Vela. Yeah. Madam Mayor, if we could bifurcate this, I think that there are some items that we could move that I would feel comfortable moving forward with . I certainly would feel comfortable moving forward with the cleanup language. I think I'm going to have. The problem with my thing is that I have to close out of this to look at the agenda or the staff report to pull up the specific language. But I think if we could just go over what provisions and have the clerk read off what provisions and then vote on them, that might be helpful. We can do that. Is that okay with Mr. De Soto? Mr. KNOX. Right, yeah. Okay. Okay. Because we get it and we got to keep moving. Okay.
Speaker 2: About speakers.
Speaker 0: No speakers. Oh, sorry. Thank you. For the reminder matter, do we have any public speakers?
Speaker 1: We have no public comment that was submitted. And then if anybody on the zoom, I would raise our hand. Nobody on the zoom has raised their hands, so no public comment.
Speaker 0: Okay. So we can take this. Can we buy basically A, B, C, D, E and just read this whole provisions.
Speaker 1: Addressed address on the previous item so you don't even have to.
Speaker 0: Erase. Yes, yes, of course. Right, right, right. Yep. Okay, good. We just save ourselves sometimes. Okay, so let's just go down the list. Do you have a motion to adopt? Let's see. So Vice Mayor or Councilmember de Song. Since this was your subcommittee, do you want to make this motion to.
Speaker 2: Try.
Speaker 0: To adopt the clean up language or to move it forward to November 2020? Okay.
Speaker 2: I will I will move that. We ask staff to return with language for the for section a clean up language for the 2020th November 2020 ballot.
Speaker 0: Okay. For all the items listed and for.
Speaker 2: All the items listed.
Speaker 0: Yes. Thank you.
Speaker 2: And with the direction that we use, they in there.
Speaker 0: All right. Do I have a second? Second set? Okay. Mayor seconded by a councilmember to decide the session. Councilmember Vela, I just want to make sure that the. We just get rid of the sheets, hurt his her and move to the exam. Got it. Okay. Did you have something, Councilmember Odie?
Speaker 2: Yeah, I think I'm on the LGBTQ caucus at the League of Cities and they've had some minor language for gender neutral language. So hopefully our staff will look at that. And, you know, I have Hercules also if if anyone needs that for assistance. And it's good that we're doing this on during our Pride month.
Speaker 0: That's right. Okay, great. Great banner out front. So go by the city council. City Hall. Okay. It's been moved. It's been seconded. May I have a roll call vote?
Speaker 1: Councilmember de.
Speaker 2: Yeah, i.
Speaker 1: I. I, i. I may or as he Ashcraft.
Speaker 0: I that.
Speaker 1: Carries by.
Speaker 0: All right. The next item is city prosecutor who wants to make a motion on that one. Councilmember Vela That's key. Chief It's getting late. I need chocolate if there's any chocolate in the building, people. Um, Councilmember Brody.
Speaker 2: I'd like to make a motion to put these amendments on the ballot, but I believe there was a suggestion from one of our constituents, Mr. Solomon, Mr. Silent, that we add language about the discretion of the prosecutor. So I think that was a good suggestion. So with that suggestion, I would like to move approval of having staff bring back ballot language for second for the city prosecutor.
Speaker 0: And councilmember ody just for benefit of someone who might not have read that correspondence. Um, city Attorney Ken, could you just briefly describe that, summarize it for us.
Speaker 2: The comment indicates that the, the, the language that currently exists in the charter requires, which would purportedly require the city attorney to prosecute all local law violations. And this proposed language would add state law violations. And those comments are suggested that the phrase exercise of prosecutorial discretion should be included because that's required by federal and state constitutional law. And I agree with that comment wholeheartedly.
Speaker 0: Perfect. Thank you. So we've had a motion. Do we have a second signature? Are there if you raise your hand near your face, it's going to raise your hand. So it's been moved by, uh, Councilmember Ortiz, seconded by Vice Mayor. Next, when we end discussion. Councilmember Vela. It would be helpful to get a little clarity from our city attorney just for the public's benefit about what this change actually does, whether or not this would require additional funding for that position, since that's something that has come up even earlier in this meeting. So I think the additional whether or not it's going to cost additional funding and what this change actually will accomplish or do, one of the questions that some of the questions that I've gotten is around why, why? Why would a city attorney prosecute versus the district attorney? And she said.
Speaker 2: Yes. So happy to provide some background. The existing city charter either can be read as authorizing or requiring the city attorney to prosecute all local law violations. The proposed language would authorize the city attorney to prosecute state law violations. The Council authorized this office to engage in that activity with the consent of the district attorney earlier last year. And I believe the intent of the the ballot language were to to memorialize that authorization to the extent that that consent from the district attorney is withdrawn. And that is really the purpose of this change. We are not anticipating requesting additional staffing to undertake the work that we're already undertaking with the Council's authorization and the district attorney's consent. And so I hope that answers your question.
Speaker 0: Okay. Anything further? May we have a roll call vote, please.
Speaker 1: It's my birthday.
Speaker 0: Strike. Vice Mayor, did you have your hand up?
Speaker 2: Did we call public comment on this item?
Speaker 0: Oh, yes. It was going to be my my next question.
Speaker 1: Yeah, we called it for the whole item, but you're just breaking down.
Speaker 0: Okay, yeah, yeah.
Speaker 2: Okay. Okay. I just want to make sure we had I couldn't remember.
Speaker 0: Yeah, we had. We had. And if we could just a little bit of discussion. I do think this is one of the items that there's going to need to be a robust communication plan. But I do think that this is one of the items, the changes that there needs to be a robust communications plan with the community , because I think a lot of people don't understand it. And I and I this is one of the issues that I think it's going to be harder to explain and engage the community around. Thank you. Okay. Anything further for our cover, please, Mr. Rhodes? Yes.
Speaker 2: I'm sorry, sir, but are we just descending today? Which ones we will put together, or is that for the next discussion?
Speaker 0: With the other returns for November.
Speaker 2: Oh, you we combine a few so we have but three measures. Or four measures or one measure.
Speaker 0: Oh.
Speaker 1: Right.
Speaker 0: So is that separate, Madam Clerk, I.
Speaker 1: Think if you wanted to like combine, you know, like cleanup and council pay or, you know, clean up and city prosecutor, like if if you're talking about like doing some combinations like that. Yes. We would love to get that direction from you.
Speaker 2: All right. I'll get to the end then.
Speaker 0: Okay. And it's 1148, so let's see if we can move through this. Yeah. Okay. So we have had a motion. We have had a second. Is there any further discussion saying then let's have a roll call it.
Speaker 1: Councilmember de san.
Speaker 2: Guy.
Speaker 1: Next.
Speaker 2: Why i.
Speaker 0: I.
Speaker 1: Vela. I a mayor is the Ashcraft.
Speaker 0: High.
Speaker 1: That carries by five eyes.
Speaker 0: All right. Thank you. The next item is council pay and an amendment to the council compensation proposal to set the maximum salary to 30% of the median Bay Area salary pursuant to Section 22,000 I. The increase would not be effective until January one, 2023. Okay. Members of the Council subcommittee. A subcommittee.
Speaker 2: If one of the recommendations we're making.
Speaker 0: Every day say, oh.
Speaker 2: Sorry about that is to have staff come back. I would want staff to come back to us with a discrete number, because by its very nature, this topic is always a form of a grenade. And so anything that we can do to lessen it I understand, you know, the reasoning behind the percentage here, but but we may also consider an alternative like discrete number. Also, one more point. Let me just quickly say, um, you know, there have been some concerns raised by residents in their emails about this about so in order to a life allay fears I don't know how to say it correctly speaking just for myself now. Okay. And I could only consider myself ever to be lucky enough to be in a position. But. But if. If I were. I would not, um, I would not benefit by this if I were a council member. So and I can only and I'm just speaking for myself and I won't, because I just want people to know that, um, that this, I believe the city council pay is out of whack with, with, with what similar sized cities in our East Bay region are getting. And I do believe that we earn it back the amount of work. But I want to engender some form of trust by just for myself. I think that if I ever get a chance, you know, that's subject to the people. I would not accept this. I would just go with the. Current rate. So.
Speaker 0: Okay. So do we have a motion to move this forward to, to staff to prepare ballot language?
Speaker 2: EA That's another discussion item. I mean, you know, you're going to have a nice man like that, all right. I, I think you're going to have a really loaded November 2020 item. I mean, you know. Well, you know what I said about, um, uh, I don't know. I don't know if you want to do that.
Speaker 0: So so the motion is the question is simply, is there a motion? If there's not a motion, that's an answer in itself. But we aren't going to have a discussion until we have a motion.
Speaker 2: Yes.
Speaker 0: Councilmember Vale, were you just adjusting your screen or raising your hands? I was raising my hand. Unless the vice mayor is going to speak.
Speaker 2: I was simply going to make a motion that we put this I have this come back later in the summer to put on the ballot in 2022.
Speaker 0: And I would second that motion. All right. We had a motion by the vice mayor, a second by Councilmember Vela. Any discussion, hearing, then may we have a roll call vote, please?
Speaker 1: Councilmember Dysart.
Speaker 2: Yes, on the motion next by. Hi.
Speaker 1: Odie.
Speaker 2: I'm going to abstain because I still have issues with the whole idea of girls on the ballot whether.
Speaker 1: I may or as the Ashcroft.
Speaker 0: I.
Speaker 1: Okay. That carries for one.
Speaker 0: Okay. This next one, I think is very important. And this is having to do with, well, adding the methods to the language, but also discussing, uh, any attempt by council member to influence the city manager in the making of an appointment or the purchase of materials or supplies. So subject such council member and which includes the mayor to removal from office office for malfeasance. And again, this particular item was something that came to us as part of the recommendation for the grand jury.
Speaker 1: And and mayor, if I might jump in. So basically, at the May six meeting, council already gave the direction to start drafting language. So that's already being done. So we just didn't want another discussion tonight for timing and every other purpose. So we know that council already did give that direction.
Speaker 0: Okay. So then do we need a motion as far as timing?
Speaker 2: I will move that we place this item on the 2020 ballot November 2018.
Speaker 0: All right. It's been moved by the vice mayor, seconded by Councilmember Odie discussion. Councilmember Vela. It's actually related. Just for clarity on the last item. So I'll wait. Well, I just wanted to. I know that Councilmember Jason Kidd said that he wanted a discrete number given. Was that part of the motion or will staff just come back with a bunch of alternatives or.
Speaker 2: I think staff can come back with alternatives. I don't think we're in a rush.
Speaker 0: I just want to. I just.
Speaker 2: Don't know.
Speaker 0: Okay. What happened? Okay. Okay. All right. So. So I. I've had a motion to put this on motion second and second. Okay. Any discussion?
Speaker 2: But it's okay.
Speaker 0: Yes, you did. You did? No. Any discussion?
Speaker 2: Quick discussion. I'm going to support the motion. But you know, the substance of how I feel is how I feel. So.
Speaker 0: Understood. All right. Any further discussion? Hearing, then walk over, please.
Speaker 1: Councilman de SAG. Hi, Knox Light. Hi, Odie. Hi, Bella. High Mayor as the Ashcraft.
Speaker 0: High.
Speaker 1: Carries by five eyes.
Speaker 0: All right. Very good. Okay, that concludes item six. I see. We move on to item 60 really quickly. Yes. Who am I ignoring that, I guess. City attorney.
Speaker 2: Yes. You indicated that you, you or Councilmember Ody had indicated that you may want to have a discussion about whether we come back as one omnibus or whether you want each of these separated. Can we get brief direction from the council? Whether you prefer each of these separate is A, B and C, or do you want them all on the bus?
Speaker 0: Vice Mayor has his hand up. Why don't you start.
Speaker 2: With like I would like to move that. We have 15 more minutes of discussion. I know it's going to take us past midnight, but if not, we're shutting down right now at 11:55 a.m..
Speaker 0: I'll take that motion. It's been seconded. Any discussion? Okay. 15 more minutes. Takes us to ten after 12, right? Okay. So maybe the day after.
Speaker 1: You know, the roll call vote?
Speaker 2: Oh, vote yes.
Speaker 0: I think that might be the answer. Yeah. Sorry I.
Speaker 1: Missed it. Not quite. i0di vela mayor as the Ashcraft high carries by five guys.
Speaker 0: All right. It's starting from 15 minutes. As soon as we clarify for the the city attorney. Okay. On six c. Um, I would say, um. Okay, well, I, I would entertain, uh, discussion from my colleagues. I think that I would say that 7-3 should stand alone, that maybe the others and possibly the prosecutor went, too. But I'm. Those are my. Feelings. I think that. Well, that kind of means three separate ones. What is it, Councilmember de SAC.
Speaker 2: It seems to me that the way in which we've categorized it by A, B, C and D, I think those are clusters of thoughts that that kind of stems. I mean, they're intuitive. I mean, you could conceivably do A and B together. But but, you know, be seemed so much more substantive than than a but I do like I think they stand they they are they stand on their own if you do it separately. AB And whatever the third.
Speaker 0: Okay. Is that emotion?
Speaker 2: Oh, yes, sure.
Speaker 0: All right. Is there a second to that motion?
Speaker 2: I guess not.
Speaker 0: Oh, no. Um.
Speaker 2: I would propose that we combine A and B. Okay, that's fine. Let's get.
Speaker 0: In.
Speaker 2: Okay. All right. Danny would stand alone. Yeah. Okay. That makes sense.
Speaker 0: Three. He already is, but. Yeah. Yeah. Okay. So would you second that, Councilmember Desai?
Speaker 2: Well, why don't I get into that? I'll be an amendment to that. Okay, that's fine. I got the Chinese amendment. Which is amendment. But Tony. Tony is accepting money. Why don't we combine A and B as an amendment to his original. Exactly. Seconding that. Amended a motion. Yes.
Speaker 0: Rather than talk about A, B, C and D, can you just say which specific provision you know, together.
Speaker 2: A, is all those clean up language in there? And then there's two other ones and then B is the prosecutor. So those two kind of, I think, are in no slight to our city attorney. Those two are, you know, kind of mundane.
Speaker 0: They combined. Yeah.
Speaker 2: And logically combined. Whereas the measure, a C I believe is quite substantive as a7-3.
Speaker 0: Will see is the council pay that we can at least I got it standing on its own because it's in another year but in item D is the council.
Speaker 2: Interference. Yeah. Yeah, exactly.
Speaker 0: Okay. Okay. All right. Do you want to we make that motion? I think it would go a little confusing.
Speaker 2: Oh, well, the motion is that we combine A and B, um, as one set of, um, um.
Speaker 0: Charter ballot.
Speaker 2: Measures, ballot measures and that the two other items, the 7-3, which did you say is D I don't have it in.
Speaker 1: Ddc0bbddd7d.
Speaker 2: Dale okay. Yeah, the and, and the measure a measure of those two stand separate alone on their own. So what does that and B is together D and.
Speaker 0: D a separate. Is it.
Speaker 2: Any. Exactly.
Speaker 0: Okay. All right. With that clarification, Vice Mayor, will you still second?
Speaker 2: I still second.
Speaker 0: Thank you. Any discussion thing then maybe we have a roll call vote, please. Oh, was it discussion? No, I don't think so. Well, I can't hear Rudy.
Speaker 2: Oh, I'm sorry.
Speaker 0: Yeah, so.
Speaker 2: It's kind of non-controversial, and they would have no issue combining A, B and D E has to be on its own. Definitely.
Speaker 0: We have a motion in a second. Why don't we vote on the motion second that we have roll call vote?
Speaker 2: Well, let's let's I'd like to hear discussion. Is there a reason I kind of had the same thing I wondered about? Yeah. 7-3 as well.
Speaker 0: I feel I mean, if not, I feel like then we should have all of them separate because the prosecutor one I do think is confusing. Okay. Is that a motion to have each of them be separate?
Speaker 2: Oh, okay. Well, we could go back to separate, but I still like the idea of. Two two initiatives. It's very simple. But technically they're all cleanup. Yeah. That is why I think maybe NPR all clean up language.
Speaker 0: That's true.
Speaker 2: And he is a substance. Shouldn't be connected with anything else. This should stand on its own. That is if if that's the wishes of I do have my problems of stuff under age three but if you know that's that we're just talking process right now, so I'm fine with that.
Speaker 0: So supportive of that. Yeah. Okay. Okay.
Speaker 2: Let's do that then.
Speaker 0: Okay. So tell me again what we're doing.
Speaker 2: We're putting a band of us together in a separate.
Speaker 0: Correct. Okay.
Speaker 2: Mm hmm. Second.
Speaker 0: Mm hmm. Okay. Cause we need to move forward on this. That's because part of it is the grand jury's recommendation. So we need to take this seriously. And I just want to make sure we're not. I'm not. He's not in the conversation. I'm talking about the grand jury. Okay. So we've had a motion. Who made the motion? Is it? Yes. Yes. Okay. Councilmember deserve it because it was a new motion and his seconded it.
Speaker 2: Counsel seconded it.
Speaker 0: All right. Okay. All right. Rock over.
Speaker 1: Councilman or de thug? My next. Hi.
Speaker 2: Yes.
Speaker 1: I. Mayor, as the Ashcraft.
Recommendation to Consider Providing Direction to Staff to Prepare Charter Amendment Ballot Measure(s) and Potentially Determine the Election Dates when the Measure(s) will be on the Ballot.  (City Attorney/City Clerk)