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General Information

 

Regular Meeting Annotated Agenda
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 

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~~~~~~~~~~~~~~~~~~~~~ 
ANNOTATED 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

Preliminary Matters

Roll Call: 7:24 p.m.  All present.

Ceremonial Matters: None.

City Manager Comments:  None.

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only:           6 speakers.

Consent Calendar

Action: M/S/C (Moore/Maio) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

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 
Action: Adopted second reading of Ordinance No. 7,395-N.S.

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 
Action: Adopted second reading of Ordinance No. 7,396-N.S.
 
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 
Action: Approved recommendation.
 
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 
Action: Adopted Resolution No. 66,926–N.S.
 

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 
Action: Councilmember Anderson added as a co-sponsor.  Approved recommendation.

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 
Action: Adopted Resolution No. 66,927–N.S.

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: Councilmembers Moore and Droste added as co-sponsors.  Approved recommendation. 

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 
Action: Moved to Consent Calendar.  Referred the item to the Police Review Commission with a request that the commission report back to Council within six months. 

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 
Action: Councilmember Anderson added as a co-sponsor.  Moved to Consent Calendar.  Approved the recommendation with Paragraph 1 of Attachment 1 revised as follows:

   1. The De-militarization of Local Law Enforcement across the country

Strict limits on the transfer and use of military equipment to local law enforcement and the adoption of the Stop Militarizing Law Enforcement Act of 2014. The federal government should discontinue the supply of military weaponry and equipment to local law enforcement and immediately demilitarize local law enforcement, including eliminating the use of military technology and equipment.

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 

Action:
Councilmember Anderson added as a co-sponsor. 72 speakers. M/S/C (Arreguin/Anderson) to adopt Recommendation #1 from the revised materials included with the item amended to direct the Police Review Commission to review all police policies and orders and make recommendations as they deem appropriate.
 
Vote: All Ayes. 

Action:
M/S/C (Arreguin/Anderson) to adopt Recommendation #2 from the revised materials included with the item amended to read: 
 
2. Adopt a motion declaring as a temporary City of Berkeley policy that the use of chemical agents (tear gas etc.), rubber bullets and other projectiles and over the shoulder baton strikes, are prohibited uses of force in responding to non-violent crowd situations, using the criteria for non-violent demonstrators established by the Council on April 28, 1992, until such time as an investigation by the Police Review Commission is completed regarding the Police response to the December 6, 2014 protests, and a review and revisions to police policy and General Orders are completed. 
Vote: All Ayes.

Recess 9:44 p.m. – 9:58 p.m. 
 

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 
Action: Councilmember Anderson added as a co-sponsor. 20 speakers. M/S/C (Arreguin/Maio) to approve the recommendation as written in the revised materials included with the item:  

Refer to the Police Review Commission to initiate an investigation into the police response to protests on December 6, 2014; the appropriateness of using tear gas, and other non-lethal munitions, and baton strikes to disperse the crowd; and make recommendations based on what was learned from the incident and what could be improved upon for revised policies and procedures on crowd control, the use of force in crowd control incidents (tear gas, non-lethal munitions, use of batons), as well as policies on mutual aid in First Amendment activity and crowd control incidents.

The Commission should report its recommendations to the City Manager, Chief of Police and City Council no later than six months.

The Council empowers the Commission to produce documents and witnesses for the purposes of the investigation, including using subpoena power in order to compel testimony and documents.

The Council also refers the attached questions to the Police Review Commission to consider in conducting their investigation (Attachment 1).

Vote: All Ayes.

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 
Action: 0 speakers. M/S/C (Worthington/Maio) to hold the item over to March 24, 2015.  
Vote: All Ayes.

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: Item held over to March 17, 2015.

 

 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

Action: 0 speakers. M/S/C (Bates/Arreguin) to accept revised material from Council member Maio on Item 14.  
Vote: All Ayes.

Action: M/S/C (Bates/Worthington) to hold the item over to February 24, 2015 and for the item to be heard at the beginning of the Action Calendar.  
Vote: All Ayes.

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 
Action: Item 15 held over to February 24, 2015.

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 
Action: 4 speakers. M/S/C (Worthington/Moore) to adopt recommendation 16(c) to 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 to include enforcement mechanisms such as implementing the program within the construct of existing fire safety inspections.   
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Droste.

17a. 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

Action: Item held over to March 24, 2015.

18a. 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

Action: Item 18.b. moved to Consent Calendar.  Approved recommendation.

 Information Reports

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

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

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

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

 

Public Comment – Items Not Listed on the Agenda – 6 speakers.

 

Adjournment in memory of:

  1. Rita Bowes Perry
  2. Dan Wall

Adjourned at 11:00 p.m.

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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