Chapter 2.04 — CITY COUNCIL

Article 1. Meetings

2.04.010 Regular--Time and place. 2.04.020 Special--Notice requirements. 2.04.025 Recording closed sessions--Procedure.

Article 2. Boards, Commissions and Committees

2.04.030 Sections 2.04.030 through 2.04.130--Purpose. 2.04.040 Applicability of provisions. 2.04.050 Number of members to be established. 2.04.060 Appointments--Time when made. 2.04.070 Appointments--Term and expiration. 2.04.075 Appointments--Specific term. 2.04.080 Present membership--Reappointment or termination when. 2.04.090 Quorum. 2.04.100 Future boards, commissions and committees--Composition. 2.04.110 Abolition not prohibited. 2.04.120 Sections 2.04.030 through 2.04.130--Conflicts with other provisions. 2.04.130 Sections 2.04.030 through 2.04.130--Liberal construction. 2.04.140 Residency requirements. 2.04.145 Affidavit of residency.

Article 3. Agreements With Law Enforcement Agencies

2.04.150 Purpose of provisions. 2.04.160 Cancellation required when--Funding restrictions. 2.04.170 Approval--Public hearing required. 2.04.180 Public hearing--Documents and procedures required. 2.04.190 Period of validity--Renewal. 2.04.200 Copies to be filed for public inspection. 2.04.210 Interpretation--City Council authority.

Article 4. Additional Powers and Duties

2.04.220 Redevelopment Agency authority.

• For Charter provisions regarding the powers, duties and meetings of the City Council, see Charter §§ 38--46; for provisions regarding term of office, see Charter § 15; for provisions regarding salaries, see Charter § 19; for provisions regarding eligibility, election and vacancy, see Charter §§ 4--6.

  Article 1. Meetings

A. The regular meetings of the City Council shall be held on the day of the week and at the time fixed by resolution, provided that if any one of the days set shall be a legal holiday, then the meeting shall be held the next day thereafter at the time fixed by said resolution.

B. The City Council shall meet at the council chamber in the City Hall except that when the council chamber is not available, or in cases of necessity or emergency, the council may meet at any other place in the City, provided that said place shall be designated in a notice affixed to the door of the council chamber. (Ord. 3213-NS § 1, 1951; Ord. 1976-NS § 1, 1936; Ord. 1117-NS § 1, 1925)

A. Special meetings of the council may be held at any time upon the call of the Mayor or any five members of the council, upon filing same with the City Clerk, and upon notice given in the manner herein provided. The City Clerk, upon receiving a call for such meeting, shall prepare and address to each member of the council a copy thereof and deliver the same to each member of the council personally, or in lieu of such service, mail to each member a copy of said call addressed to them at their last known place of residence. Such notice shall be received at least twenty-four hours before the time of such meeting as specified in the notice. The notice, if mailed, shall be deposited in the post office in Berkeley, California, or in any United States mailbox in the City. Such notice shall also be personally delivered or mailed to communications media organizations requesting notice in writing and shall be received at least twenty-four hours before the time of such meeting.

B. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at the meeting.

C. Special meetings may be held by the council at any time upon the unanimous consent of its members. Notice of these special meetings, including the business to be transacted, shall be delivered to communications media organizations as set forth above. (Ord. 5618-NS § 1, 1984; Ord. 4860-NS § 1, 1976; Ord. 1117-NS § 2, 1925)

That the following procedure is hereby established for recording closed sessions of the City Council:

A. A minute record of all closed sessions shall be kept.

B. The City Clerk, or a designated representative, shall be the clerk of all such sessions.

C. The Clerk shall attend the complete closed session and have the duty to keep a minute book of each meeting.

D. The minute book shall be a written record and not a recording taken by mechanical means.

E. The minute book shall include the following:

1. A record of the names of all persons in attendance for each topic discussed.

2. A record of the beginning and ending times and dates of each session.

3. A record of each topic discussed in specific terms.

4. A record of the decision(s) made in the session, if any, by name of the councilmember.

F. The record book shall be confidential and available only to the members of the legislative body, the City Manager, the City Attorney, a department head who attended a particular closed session, or, if a violation is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies.

G. In the summary of the council meeting wherein the closed session occurred and in the subsequent minutes for that meeting, the item(s) of the closed session shall be listed. A brief description of the general topics discussed in the session shall be included, said description to be as specific as possible without violating the confidential nature of the session.

H. Any board, commission or committee which holds a closed session shall follow the same procedure. (Ord. 5396-NS § 1, 1981; Ord. 5349-NS § 1981)

Article 2. Boards, Commissions and Committees

The purpose of Sections 2.04.030 through 2.04.130 is to give all nine elected members of the City Council an equal share in the responsibility of making Berkeley’s appointed boards, commissions and committees representative of the entire Berkeley community so as to provide for the widest possible community participation. (Ord. 4780-NS § 1, 1975)

Sections 2.04.030 through 2.04.130 shall be applicable as follows:

A. Present Boards, Commissions, and Committees.

1. Sections 2.04.030 through 2.04.130 shall apply to the following boards, commissions and committees
presently appointed by the City Council:

2. The Advisory Committee for the Local Transit Study (City of Berkeley representatives only); the Board of
Adjustments; the Board of Appeals; the Citizens Humane Commission; the Civic Arts Commission; the Code
Review and Study Committee; the Commission on Aging; the Community Health Advisory Committee; the
Housing Advisory and Appeals Board; the Human Relations and Welfare Commission; the Personnel Board;
the Planning Commission; the Recreation Commission; the Solid Waste Management Commission; the
Waterfront Advisory Board (City Council appointees only).

B. Additional Boards, Commissions and Committees.

1. Sections 2.04.030 through 2.04.130 shall apply to all additional boards, commissions and committees
created and appointed by the City Council after December 1, 1973.

2. Section 2.04.030 through 2.04.130 shall not apply to those additional governmental bodies created
independently of the Berkeley City Council where the assigned number of Berkeley City Council appointees is
fixed by law at a figure less than nine. Where the number of City Council appointees to such bodies is nine or
more, each councilmember shall make an equal number of appointments and the remaining appointees shall
be chosen by majority vote.

C. Council Committees. Sections 2.04.030 through 2.04.130 shall not apply to the appointment of council members to council committees. (Ord. 4780-NS § 2, 1975)

Within one month after April 15, 1975, the City Council shall establish the size of all the then existing boards, commissions and committees covered by Sections 2.04.030 through 2.04.130. The size of each board, commission and committee shall be established as a multiple of nine so that an equal number of appointments may be made by each member of the City Council. The council may at any time change the size of boards, commissions and committees covered by Sections 2.04.030 through 2.04.130 to a different multiple of nine. (Ord. 4780-NS § 3, 1975)

Within four months after April 15, 1975, each City Councilmember shall appoint an equal number of persons to each board, commission and committee covered by the ordinance codified herein. (Ord. 4780-NS § 4, 1975)

The terms of persons appointed to boards, commissions and committees under Sections 2.04.030 through 2.04.130 shall expire no later than the same date as the expiration of the term of the councilmember who appointed them. The council may provide for shorter terms.

The death, resignation or recall of a councilmember shall cause the terms of such councilmember’s appointees to expire. All members of boards, commissions and committees appointed under Sections 2.04.030 through 2.04.130 whose terms expire shall serve until their successors are appointed, except in the case of automatic termination for absence. Each vacancy on a board, commission or committee is to be filled through appointment or reappointment by the councilmember to whom the vacancy is credited. Sections 2.04.030 through 2.04.130 shall not affect limitations set by the council on the number of terms persons may serve. (Ord. 4780-NS § 5, 1975)

Except as provided in this section, the terms of all persons appointed by the City Council to boards, commissions and committees pursuant to Berkeley Municipal Code Sections 2.04.030 through 2.04.130 (hereinafter "commissioners") shall, regardless of the date of appointment, regularly expire on the first day of December of each year.

Notwithstanding the above, where the death, resignation, or recall of a councilmember occurs prior to the regular expiration date of appointees as provided herein, the terms of appointees of that councilmember shall expire on the date of death, resignation, or recall of that councilmember. (Ord. 6395-NS § 1, 1997)

The present members of boards, commissions and committees may be reappointed under Sections 2.04.030 through 2.04.130. If not reappointed, the terms of all persons serving on boards, commissions, and committees covered in Section 2.04.040 who were appointed prior to the effective date of the ordinance codified herein shall terminate four months after April 15, 1975. At such time, the only council-appointed members of boards, commissions and committees covered in Section 2.04.040 shall be those persons appointed according to the provisions of the ordinance codified herein. The terms of those persons appointed to boards, commissions and committees according to the provisions of Section 2.04.050 through 2.04.070 shall commence four months after April 15, 1975. (Ord. 4780-NS § 6, 1975)

The quorum for all boards, commissions and committees covered by Sections 2.04.030 through 2.04.130 shall be a majority of those persons appointed in accordance with the ordinance codified herein. All boards, commissions and committees may take action if a quorum is present. (Ord. 4780-NS § 7, 1975)

All future boards, commissions and committees created and appointed by the City Council after April 15, 1975, shall be composed of an equal number of persons appointed by each member of the City Council according to the provisions of Section 2.04.070. (Ord. 4780-NS § 8, 1975)

Nothing in Sections 2.04.030 through 2.04.130 shall prohibit the City Council from abolishing boards, commissions and committees described in Section 2.04.040, enlarging or reducing their responsibilities, or combining their functions. (Ord. 4780-NS § 9, 1975)

provisions.

It is not the purpose of the ordinance codified herein to amend or repeal the ordinances and resolutions establishing the boards, commissions and committees described in Section 2.04.030, except insofar as their provisions are in conflict with Sections 2.04.030 through 2.04.130. Where there is no conflict, those ordinances and resolutions shall continue to apply. Wherever there is a conflict between Sections 2.04.030 through 2.04.130 and one of those ordinances or resolutions, Sections 2.04.030 through 2.04.130 shall apply. (Ord. 4780-NS § 10, 1975)

Sections 2.04.030 through 2.04.130 shall be liberally construed and interpreted as to scope and coverage in order to effectuate the intent that each member of the City Council shall make an equal number of appointments to Berkeley’s boards, commissions and committees. (Ord. 4780-NS § 11, 1975)

Members of boards, commissions, and committees appointed by the council or individual council members, shall be residents of the City unless the member is required by federal or state law or the ordinance or resolution establishing the board, commission or committee to represent a specified organization, agency, group, category or profession. The term of any member of a board, commission, or committee shall terminate if that member is no longer a resident of Berkeley or if the member, while intending to return, does not reestablish a place of residence in the City within six months after leaving the City. (Ord. 5430-NS § 1, 1982; Ord. 4803-NS § 1, 1975)

A. Every commissioner, except those exempted from the residency requirement pursuant to Section 2.04.140, shall execute an Affidavit of Residency, signed under penalty of perjury, prior to their appointment. Said affidavit must be filed with the City Clerk at the same time as their appointment form is filed with the City Clerk. No commissioner shall be appointed, nor may they serve on a commission if an Affidavit of Residency has not been filed with the appointment form.

B. On a semi-annual basis, the City Clerk shall send notification to every active commissioner advising of the residency requirement in Section 2.04.140 and requesting address confirmation. The notice and confirmation may be in paper or electronic form.

C. Any commissioner found to be in violation of the residency requirements in Section 2.04.140 shall be automatically terminated from the commission. (Ord. 7565-NS § 1, 2017; Ord. 7260-NS § 1, 2012; Ord. 7111-NS § 1, 2009)

Article 3. Agreements With Law Enforcement Agencies

The interests of all people of the City, the Police Department which serves those people, and the cause of a more just system of law enforcement will all be furthered by providing for openness and candor and community involvement in the establishment of working relationships between the Berkeley Police Department and other law enforcement agencies, police departments or private security organizations. Law enforcement activities and procedures within the City limits are a major matter of policy in the governance of the City. The general purpose of the ordinance codified in this article is to provide for the public disclosure and City Council approval of the terms and conditions of agreements, understandings, or policies reflecting such relationships, and for community involvement in the process of such approval, prior to the date on which the agreements, understandings or policies take effect and City funds are expended in implementation thereof. (Ord. 4640-NS § 1, 1973)

All agreements, letters or memoranda of understanding of policies which express terms and conditions of mutual aid, information sharing, cooperation and assistance, between the City and/or the Berkeley Police Department and all other local and state (including University of California Police Department, Alameda County Sheriff and California Highway Patrol) and federal law enforcement, military and/or intelligence agencies, police departments or private security organizations, are cancelled ninety days from April 17, 1973, unless approved by the City Council in accordance with Section 2.04.170 of this article. No funds of the City shall directly or indirectly be expended in implementation of any such agreement, understanding or policy unless the provisions of this article are complied with. (Ord. 4640-NS § 2, 1973)

After April 17, 1973, no such agreement, understanding or policy shall be valid or effective unless specifically approved by the City Council following public hearings on the same as hereinafter provided. All terms and conditions of such agreements, understanding or policies shall be reduced to writing and presented to the City Council for approval by the Berkeley Police Department or appropriate City official, accompanied by a statement of the rationale therefor, projections of the costs of implementation, and other information or explanations requested by the council. (Ord. 4640-NS § 3, 1973)

At least ten days before the public hearing required by Section 2.04.170, copies of all agreements, understandings or policies to be presented, together with supporting statements and documents, shall be made available to the public in the office of the City Clerk. The public hearing shall afford opportunity for interested members of the public to offer their views and opinions on the agreements, understandings or policies proposed for approval. It shall be the duty of the head of the Police Department to attend such hearings for the purpose of responding to council inquiries and providing such additional information relating to the agreements, understandings or policies as may be requested by the council members. (Ord. 4640-NS § 4, 1973)

No such agreement, understanding or policy shall be valid or effective for more than one year following City Council approval, but each may be renewed or extended following the disclosure, public hearing and documentation procedures provided for in Sections 2.04.170 and 2.04.180 of this article. (Ord. 4640-NS § 5, 1973)

Copies of all such agreements, understandings and policies, or extensions or renewals thereof, as approved by the City Council shall be filed by the Berkeley Police Department with the office of the City Clerk and made available to any member of the public upon request. (Ord. 4640-NS § 6, 1973)

This article shall be broadly construed and interpreted as to scope and coverage in order to effectuate its intent, and any doubts or ambiguities as to its applicability to any agreement, understanding, or policy shall be resolved by decision of the City Council. (Ord. 4640-NS § 7, 1973)

Article 4. Additional Powers and Duties

A. Findings.

1. The council finds and determines that the notice of public hearing prescribed by Section 33200,
California Health and Safety Code, has been given and that the public hearing conducted July 22, 1976, by the
City Council was regularly called and valid.

2. The council finds and determines full public disclosure has been made of all reports and proposals
relating to the City Council’s consideration of whether the council should declare itself to be the
Redevelopment Agency of the City and that such reports and proposals were disclosed prior to the taking of
any legislative action on the question of whether the council should declare itself to be the Redevelopment
Agency.

3. The council finds and determines that due consideration has been given the testimony presented at the
public hearing conducted July 22, 1976.

4. It is further found and determined by the council that, by declaring itself to be the Redevelopment
Agency of the City, the public interest, public safety and welfare will be served in a more effective manner
than the current organization.

B. Powers Enumerated. On August 26, 1976, the date the ordinance codified in this section became effective, the City Council, acting as the Redevelopment Agency of the City, shall be empowered to exercise and have all the rights, powers, duties, privileges and immunities vested in a Redevelopment Agency pursuant to the Community Redevelopment Law of the state. (Ord. 4924-NS §§ 1, 2, 1976)