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General Information
General Information

 

Regular Meeting eAgenda
February 10
, 2015

 

 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note:

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 10, 2015

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Lori Droste

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1.   Amending Berkeley Municipal Code Section 2.06.090 (Open Government Ordinance) Related to Reports from Regional Body Representatives
From: City Manager
Recommendation:
Adopt second reading of Ordinance No, 7,395-N.S. amending Municipal Code Section 2.06.090 (Open Government) related to reports from City Councilmembers that represent the City on regional bodies.
First Reading Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin, Worthington.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

2.   Amending Open Government Ordinance, Berkeley Municipal Code Section 2.06.070 for Late Reports
From: Open Government Commission
Recommendation:
Adopt second reading of Ordinance No. 7,396-N.S. amending Berkeley Municipal Code Section 2.06.070(E)(1) to call for a "roll call" vote.
First Reading Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Worthington.
Financial Implications: None
Contact: Kristy van Herrick, Commission Secretary, 981-6950

3.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on February 10, 2015
From: City Manager
Recommendation:
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $7,925,000
Contact: Christine Daniel, Finance, 981-7300

4.   Contract No. 9165B Amendment: Ken Hargis & Associates for Fire Promotional Examinations
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 9165B with Ken Hargis & Associates, increasing it by $31,000 for a total not to exceed amount of $104,200 for the period February 1, 2015 to June 30, 2015 for fire promotional examinations for the classifications of Assistant Fire Chief, Battalion Chief and Fire Marshal.
Financial Implications: General Fund - $31,000
Contact: Gil Dong, Fire, 981-3473

Council Consent Items

5.   Naming of the South Berkeley Library for Tarea Hall Pittman
From: Councilmembers Maio and Moore
Recommendation:
Request that the Library Board of Trustees consider naming the South Berkeley Library for Tarea Hall Pittman.
Financial Implications: Minimal
Contact: Linda Maio, Councilmember, District 1, 981-7110

6.   Support the Creation of Financial Services by the United States Post Office
From: Councilmembers Arreguin, Maio, and Wengraf
Recommendation:
Adopt a Resolution supporting the creation of financial services by the United States Postal Service. Copies of the Resolution shall be sent to USPS Board of Governors Acting Chairman James H. Bilbray, Members of the Board of Governors Louis J. Guiliano and Ellen C. Williams, Postmaster General Megan J. Brennan, Deputy Postmaster General Ronald A. Stroman, Congresswoman Barbara Lee, Speaker of the U.S. House of Representatives John Boehner, U.S. House of Representatives Minority Leader Nancy Pelosi, U.S. Senators Dianne Feinstein and Barbara Boxer, U.S. Senate Majority Leader Mitch McConnell, U.S. Senate Minority Leader Harry Reid, and President Barack Obama.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

7.   City Manager Referral: Gender Neutral Restrooms
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to create an ordinance making single stall restrooms gender neutral in all public accommodations.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar

The public may comment on each item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Old Business

8.   Berkeley Police Department Use of Police Vehicle In-Vehicle and Body-Worn Cameras (Continued from January 27, 2015 – Item includes revised recommendation.)
From: Councilmembers Moore, Arreguin, and Maio
Recommendation: Refer to the City Manager to develop a plan to implement the use of dash cameras and body-worn cameras for the Berkeley Police Department.  The report should be presented to the City Council within 3 months.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

9.   Support the National Demands by Ferguson Action (Continued from January 27, 2015)
From: Councilmember Arreguin
Recommendation: 1. Adopt a motion endorsing the National Demands from Ferguson. 2. Advocate for changes to the Alameda County District Attorney policy to include investigations to all in-custody deaths. 3. Issue a statement of concern and support for people of color and their families who have been affected by injury or death by law enforcement agencies.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

10.  Amendments to BPD General Orders C-64 (Crowd Control), M-2 (Mutual Aid) and U-2 (Use of Force) (Continued from January 27, 2015 - Item includes revised recommendation.)
From: Councilmember Arreguin
Recommendation: 
1. Refer to the Police Review Commission (PRC) and City Manager the attached changes to BPD General Orders C-64, M-2, U-2, and request that they return to the City Council with recommended revisions to the General Orders.  The proposed changes are modeled after the Oakland Police Department’s recent amendments to their Crowd Control Policy and address issues raised with the police response to the December 6, 2014 Ferguson protests.
2. Adopt a motion declaring as a temporary City of Berkeley policy that the use of chemical agents (tear gas etc.), Specialty Impact Less-Lethal Weapons (“projectiles” or rubber bullets, wooden dowels, stinger grenades, rubber bullets) and over the shoulder baton strikes, are prohibited uses of force in responding to crowd situations, until such time as an investigation is conducted as to the Police response to the December 6, 2014 protests, and a review of General Orders C-64, M-2, and U-2 is completed.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

11.  Independent Investigation of Police Response to December 6, 2014 Protests (Continued from January 27, 2015 - Item includes revised recommendation.)
From: Councilmember Arreguin
Recommendation: Direct the City Manager to initiate an independent investigation into the police response to protests on December 6, 2014 and to return to Council as soon as possible, but no later than 60 days with a contract to hire a qualified independent investigator. In considering who to select to conduct the investigation, the City Manager should give preference to former police chiefs or law enforcement officials with experience conducting internal investigations. To avoid the appearance of or possibility of conflicts of interests, the City Manager should avoid selecting an individual or firm who previously worked for the Berkeley Police Department or who previously or currently worked for any law enforcement agency in the San Francisco Bay Area. The City Manager shall ensure that the selected individual or firm has no apparent conflicts of interest.
The Council also refers the questions attached to the report for the City Manager and outside investigator to consider in conducting their investigation.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

12.  City Manager Referral: Amend the Berkeley Municipal Code to Require City Contractors to Submit an Equal Pay Report (Continued from January 27, 2015)
From: Councilmember Worthington
Recommendation: Refer to the City Manager to amend the Berkeley Municipal Code to require City contractors and subcontractors with 20 more employees to submit a Equal Pay Report.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

13.  Georgetown University Energy Prize Semi-Finalist Selection (Continued from January 20, 2015)
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – New Business

14.  Police and Community Relations: Action Items
From: City Manager
Recommendation:
Discuss and prioritize action items identified by the City Council at the January 20, 2015 worksession.
Financial Implications: None
Contact: Christine Daniel, City Manager, 981-7000

15.  Confidential Closed Session Documents
From: City Manager
Recommendation:
Review and consider the information provided in response to the Council referral and determine whether to direct staff to develop a policy for closed session documents.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

16.  Evaluation of Possible Ban on New Planting of Certain Tree Species
From: City Manager
Recommendation:
Take action to either: 
a) Direct the City Manager to proceed with Option 1, and continue the City’s current practice regarding tree plantings on City property, which currently do not include Eucalyptus, and Monterey Pine (except at the Marina).
-OR-
b) Adopt a Resolution as described in Option 2 that would ban the new planting of certain tree species on City property.
-OR-
c) Direct the City Manager to develop an ordinance for Council adoption that bans the new planting of certain tree species on both public and private property, and includes enforcement mechanisms.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

17. a. Establishment of Disaster Council
From: Disaster and Fire Safety Commission
Recommendation:
1.  Establish a Disaster Council, consisting of the City Manager, any of the City senior staff that she believes to be necessary for such a Council, the Mayor and/or such members of the City Council as the City Council deems appropriate, and such members of the public as either the City Manager or City Council deems appropriate with the authority to register, activate, and deploy Disaster Service Workers; 2.  Authorize the City Manager to act on behalf of the Disaster Council between meetings of that Council; and 3.  Authorize the City Manager to delegate any duties related to the Disaster Council to such members of the City Staff as she deems appropriate.
Financial Implications: None
Contact: David Brannigan, Commission Secretary, 981-3473

b. Establishment of Disaster Council
From: City Manager
Recommendation:
Defer creation of a Disaster Council separate from the Disaster and Fire Safety Commission pending a response from the California Office of Emergency Services (Cal OES) regarding compliance of the City of Berkeley's Disaster and Fire Safety Commission (D&FSC) serving as its Disaster Council.
Financial Implications: None
Contact: Gil Dong, Fire, 981-3473

18. a. Amend BMC Chapter 11.60 for Compostable or Recyclable Foodware
From: Zero Waste Commission
Recommendation:
Amend Berkeley Municipal Code Chapter 11.60 to encourage the use of reusable foodware and require disposable foodware to be 100% recyclable or compostable.
Financial Implications: See report
Contact: Andy Schneider, Commission Secretary, 981-6300

b. Amending BMC Chapter 11.60 for Compostable or Recyclable Foodware
From: City Manager
Recommendation:
Direct the City Manager to analyze the Zero Waste Commission's recommendation; refer the fiscal impacts of the recommendation to the budget process; and report back on the impact to the City's Zero Waste operations of implementing the requirement for compostable or recyclable foodware.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Information Reports

19.  City Manager Referral: Create System of Regulation of Rideshare Companies
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950

20.  Electronic Signatures on City Documents
From: City Manager
Contact: Mark Numainville, City Clerk, 981-6900

21.  City Manager Referral: Police Department LeadsOnline Program
From: City Manager
Contact: Michael Meehan, Police, 981-5900

22.  Report on Regional Bodies Representation: Oakland Airport-Community Noise Management Forum
From: Councilmember Arreguin
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Public Comment – Items Not Listed on the Agenda –

Adjournment in memory of:

1.    Rita Bowes Perry
2.    Dan Wall

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. 

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.cityofberkeley.info/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

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Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@cityofberkeley.info

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials.  Please help the City respect these needs.

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 29, 2015. 

Mark Numainville, City Clerk


Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

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