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General Information
General Information

Regular Meeting eAgenda
October 17, 2017
                                                                                           Printer-friendly PDF* agenda 

  

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, October 17, 2017 

6:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

 Jesse Arreguin, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Sophie Hahn

District 2 – Cheryl Davila

District 6 – Susan Wengraf

District 3 – Ben Bartlett

District 7 – Kriss Worthington

District 4 – Kate Harrison

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: Persons will be selected by lottery to address matters not on the Council agenda.  If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each.  If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. 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. 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 Councilmember 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 previous addressed that item during the Consent Calendar related public comment period.

     

1.

Amendments to BMC Chapter 12.26 Regarding Recreational Cannabis Businesses
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,570-N.S. modifying Section 12.26.035 of the Berkeley Municipal Code to require City Council approval of zoning regulations, a licensing process, and standards for recreational cannabis businesses prior to approval of any such businesses.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Hahn, Wengraf, Worthington, Arreguin; Noes – None; Abstain – None; Absent – Harrison, Droste.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400


  

2.

 Expedited Electric Vehicle Charging Station Permitting, and Adding BMC Chapter 19.15
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,571-N.S. adding Berkeley Municipal Code Chapter 19.15, to create an expedited, streamlined permitting process for electric vehicle charging stations, as mandated by State Assembly Bill No. 1236 (2015, Chiu) codified in Section 65850.7 of the California Government Code.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

3.

City Dog Licensing Conditions
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,574-N.S. amending Berkeley Municipal Code Section 10.04.030, Dog License-Terms-Conditions-Exceptions, to change the age at which dogs must be licensed from six (6) months to four (4) months in order to conform to California Health and Safety Code 121690 (a).
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jovan Grogan, City Manager's Office, 981-7000

 

4.

License Agreement with Northern California Land Trust
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,575-N.S. affirming the City Manager’s execution of a license agreement with Northern California Land Trust (NCLT) on September 1, 2017 to permit NCLT’s continued use of an existing driveway at 1340 Blake Street that partially encroaches onto the adjacent City-owned parcel (APN: 054-1790-028). The driveway has provided vehicular and pedestrian access to four residential units since the 1950s.  This arrangement predates both the City’s acquisition of the adjacent parcel in 1977 and NCLT’s acquisition of 1340 Blake in 1994.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

5.

Amend Berkeley Municipal Code Title 14 for Parking and Transit-Only Lanes
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,576-N.S. amending Berkeley Municipal Code Title 14 Vehicles & Traffic to clarify regulations related to Driving in Transit-Only Lanes; Parallel Parking; and Diagonal Parking.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

6.

Amendments to the Signage Ordinance, Berkeley Municipal Code Chapter 20.16
From: Councilmembers Hahn, Harrison, and Davila
Recommendation: 
1. Adopt second reading of Ordinance No. 7,577-N.S. amending BMC Chapter 20.16 to prohibit signs above three stories or 40 feet, whichever is less, in Commercial Districts; and
 2. Adopt second reading of Ordinance No. 7,578-N.S. amending BMC Chapter 20.08 to include a building address, name, or other identification in the definition of a sign.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Arreguin; Noes – Wengraf, Worthington, Droste; Abstain – None; Absent – None.
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

7.

Amend the One-Percent for Art on Private Projects Ordinance to Increase the Required Valuation of On-Site Public Art
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,579 amending the One-Percent for Art on Private Projects provisions in Chapter 23C.23 of the Berkeley Municipal Code by increasing the required valuation of on-site public art from 1% to 1.75%.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Worthington, Arreguin; Noes – None; Abstain – None; Absent – Droste.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

8.

Formal Bid Solicitations and Request for Proposal Scheduled for Possible Issuance After Council Approval on October 17, 2017
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: Zero Waste Fund - $500,000
Contact: Henry Oyekanmi, Finance, 981-7300

 

9.

Abolish Classifications and Salaries
From: City Manager
Recommendation: Adopt three Resolutions:
1. Amending Resolution No. 67,482-N.S., Classification and Salary Resolution for Service Employees International Union Local 1021, Community Services & Part-Time Recreation Leaders Association to abolish the classifications of Dietitian, Employment Specialist, Landscape Designer, Licensed Vocational Nurse, Senior Vector Control Technician, and Youth Services Advisor, effective October 17, 2017; and
2. Amending Resolution No. 67,184-N.S., Classification and Salary Resolution for Service Employees International Union Local 1021, Maintenance and Clerical Chapters to abolish the classifications of Animal Services Operations Supervisor, Senior Weatherization Worker, and Weatherization Worker, effective October 17, 2017; and
3. Amending Resolution No. 68,030-N.S., Classification and Salary Resolution for Unrepresented Employees to abolish the classifications of Clerical Aide, Emergency Services Manager, Infrastructure Maintenance Manager, Juvenile Bureau Counselor (no classification specification), Kennel Attendant (no classification specification), and Pool Maintenance Attendant (no classification specification), effective October 17, 2017.
Financial Implications: None
Contact: Margarita Zamora, Human Resources, 981-6800

 

10.

Classification and Salary: Transportation Services Coordinator
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 67,484-N.S., Classification and Salary Resolution for Public Employees Union - Local One, to establish the classification of Transportation Services Coordinator with a monthly salary range of $6,503 - $7,905 effective October 17, 2017.
Financial Implications: See report
Contact: Margarita Zamora, Human Resources, 981-6800

 

11.

Side Letter of Agreement and Fire Fighters Retiree Health Premium Assistance Plan and Trust Agreement
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute and implement:
1. A Side Letter of Agreement with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 that amends Section 29 (Retiree Medical Coverage) of the Memorandum of Understanding; and
2. The Fire Fighters Retiree Health Premium Assistance Plan and Fire Fighters Retiree Health Premium Assistance Plan Trust Agreement that provides the terms and conditions for providing retiree medical coverage for employees who are represented by a) the Berkeley Fire Fighters Association/I.A.F.F., Local 1227 and b) the Berkeley Fire Fighters Association/I.A.F.F. Local 1227, Berkeley Chief Fire Officers Association.
Financial Implications: None
Contact: Margarita Zamora, Human Resources, 981-6800

 

12.

Contract: Siegel & Strain Architects for Architectural and Engineering Services for the Berkeley Tuolumne Camp Design
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Siegel & Strain Architects in an amount not to exceed $4,300,000 to provide architectural and engineering services for the Berkeley Tuolumne Camp Design Project.
Financial Implications: Playground Camp Fund - $4,300,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

13.

Contract: West Coast Arborists, Inc. for Tree Removal and Pruning Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with West Coast Arborists, Inc. for tree removal and pruning services in an amount not to exceed $640,000 over a period of three years, with an option to renew for two additional years at $150,000 per year, for a total contract amount not to exceed $940,000.
Financial Implications: Parks Tax Fund - $940,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

14.

FEMA Hazard Mitigation Grant Application for Seismic Retrofit of Live Oak Community Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Federal Emergency Management Agency (FEMA) for funds in the amount not to exceed $916,000 for the seismic retrofit of the Live Oak Community Center; authorizing the City Manager to accept the grant; to execute any resultant revenue agreement and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

15.

Revenue Grant: FEMA Hazard Mitigation Grant Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a Hazard Mitigation Grant application to the Federal Emergency Management Agency (FEMA) in the amount of $3 million for the Retrofit Grants project, along with a letter of commitment to provide $1 million in local matching funds, and subject to its award, to accept the grant and execute any resultant revenue agreements and amendments including any additional funding allocations from the Hazard Mitigation Grant Program.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

16.

Final Map of Tract 8355 - 812 Page Street
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8355, a five-unit condominium project consisting of four residential units and one commercial unit, located at 812 Page Street.
Financial Implications: None
Contact: Phillip Harrington, Public Works, 981-6300

 

17.

Referral Response: Additional Neighborhood Serving Community Facility Parking Permits for Berkley Unified School District Facilities
From: City Manager
Recommendation: To implement the policy change requested by a February 28, 2017 Council referral, adopt first reading of an Ordinance amending Berkeley Municipal Code section 14.72.105, to increase residential preferential parking permits for Berkley Unified School District schools from a maximum of 60% to a maximum of 70% of total Berkley Unified School District staff (including teachers), for schools more than one half mile from a BART Station, more than one quarter mile from a Rapid Transit Stop, and more than one quarter mile from two major transit lines.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300


18.

Additional Meeting of the Peace and Justice Commission in Calendar Year 2017
From: Peace and Justice Commission
Recommendation: Adopt a Resolution approving one additional meeting of the Peace and Justice Commission during calendar year 2017.
Financial Implications: Minimal
Contact: Shallon Allen, Commission Secretary, 981-5400

 

Council Consent Items

 

19.

Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Berkeley Holiday Fund’s annual campaign with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Funds - $500
Contact: Jesse Arreguin, Mayor, 981-7100

  

20.

Establishing Berkeley Homeless Fund
From: Mayor Arreguin and Councilmembers Hahn, Davila, and Harrison
Recommendation: 1. Direct the City Manager to establish the Berkeley Homeless Fund (BHF). This fund will accept donations from private entities including individuals, businesses, corporations and foundations. Contributions will be used for governmental purposes to provide facilities, programs and/or services to individuals and families who are experiencing homelessness or are in danger of becoming homeless. Expenditures and donations will be structured as follows: a. The City Council will direct the expenditure of funds from the BHF. Such expenditures will comply with the City’s fiscal policies and controls.  b. Gifts to the BHF shall be exempt from the requirement that the City Council approve a resolution to accept any donation over $1,000. c. The CMO Budget Division shall provide Council with periodic reports on BHF assets and expenditures on a semiannual basis. Annually, in December, the Finance Department shall issue charitable contribution statements to all entities that donated funds to the BHF, for tax purposes.
2. Develop a webpage, in collaboration with the City website coordinator and the Mayor’s Office, to provide information about the BHF, outline the donation process and allow monetary contributions online.
Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, 981-7100

   

21.

Referral to the City Manager, the Community Environmental Advisory Commission, and the Parks and Waterfront Commission – Equitable Access to Greenspace
Revised materials
From: Councilmembers Bartlett, Hahn, and Davila
Recommendation: Refer to the City Manager, the Community Environmental Advisory Commission, and the Parks and Waterfront Commission to explore developing a policy initiative for increasing Equitable Access to Greenspace in Berkeley.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

22.

The East Bay Center for the Blind: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per councilmember including $250 from Councilmember Bartlett, to the East Bay Center for the Blind with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Bartlett and any other councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Funds - $500
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

23.

Ban on Receipts Made with BPA and Other Phenols
From: Councilmembers Harrison, Davila, and Bartlett
Recommendation: Refer to the Health Commission an Ordinance to ban the manufacture, distribution, sale, or use of receipt paper that contains BPA or other phenols.
Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

24.

Condemn the Burmese Government’s Ethnic Cleansing of the Rohingya and Support Adoption of Resolution by the United Nations Security Council
From: Councilmembers Harrison, Hahn, and Davila
Recommendation: Adopt a Resolution condemning the ongoing ethnic cleansing of the Rohingya people in the country of Burma, also known as the Republic of the Union of Myanmar. In addition, support the adoption of a resolution by the United Nations Security Council condemning the ethnic cleansing of the Rohingya people.
Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

25.

Support the Medicare for All Act of 2017
From: Councilmembers Harrison, Hahn and Davila, and Mayor Arreguin
Recommendation: Adopt a Resolution supporting S.1804, the Medicare for All Act of 2017. Send a letter to President Trump, Senators Dianne Feinstein and Kamala Harris, and Representative Barbara Lee.
Financial Implications: Minimal
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

26.

Proactive Response to Statewide Hepatitis A Outbreak
Revised materials
From: Councilmember Hahn, Mayor Arreguin, and Councilmembers Harrison and Davila
Recommendation: Direct the City Manager to include temporary handwashing stations and an increase in the number of publicly accessible restroom facilities throughout the city, as a part of prevention measures to proactively address the possibility of a Hepatitis A outbreak. In addition direct the City Manager to continue monitoring statewide and local conditions and consider additional measures including but not limited to vaccinations, outreach and public information campaigns and power washing of streets.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

27.

Referral to the City Manager and Parks and Waterfront Commission to Create a Policy to Establish a Commemorative Tree Program
From: Councilmembers Hahn, Wengraf, Harrison, and Davila
Recommendation: Refer to the City Manager and the Parks and Waterfront Commission the creation of a policy establishing a Commemorative Tree Program, similar to the City’s Park Bench Donation Policy.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

28.

Reporting City Expenses Associated with Event and Protest Activity
From: Councilmember Hahn, Mayor Arreguin, and Councilmembers Davila and Droste
Recommendation: Direct the City Manager to provide an accounting of estimated City-incurred expenses related to protests and events, and to make such information publicly available in six weeks of the event or less.  When a protest or event originates on UC Berkeley property and City of Berkeley personnel, facilities or equipment are deployed, either to assist UC Berkeley or to address spillover effects, a copy of such accounting shall be sent to the Chancellor of the University concurrent with publication.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

29.

News Helicopter Noise Impacts
From: Councilmember Droste, Mayor Arreguin, and Councilmembers Wengraf and Maio
Recommendation: Send a letter to local TV stations requesting consideration of the noise impacts on residents in future deployment of news helicopters.
Financial Implications: None
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

30.

Referral to the City Manager and Public Works Department: Installation of Treads on Dwight Way
From: Councilmember Droste
Recommendation: Request that the Public Works Department provide permission for the Berkeley Path Wanderers Association and Take to the Hills to install treads and steps leading up to the trailhead on the unpaved portion of Dwight Way.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180

 
 

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. 

     
 
 

31.

Submission of a Substantial Amendment to the PY2017 Annual Action Plan to Shift Community Development Block Grant (CDBG) Indirect Costs
From: City Manager
Recommendation: Conduct a public hearing on a substantial amendment to the federal Program Year (PY) 2017  Annual Action Plan (AAP) which includes revised allocations of Community Development Block Grant (CDBG) funding and upon conclusion, adopt a Resolution: 1. Approving revised CDBG funding recommendations for City of Berkeley projects; and 2. Authorizing the City Manager to submit the Substantial Amendment to the PY 2016 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD).
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

32.

ZAB Appeal: 970 Santa Barbara Road
Attachment 4, Admin Record
Revised materials
Presentation
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Administrative Use Permit No. ZP2016-0142 to construct additions totaling 686 square feet including a two-story addition at the northwest (rear right) side and a smaller one-story addition in the southeast (front left) corner of an existing two-story, single family dwelling, and dismissing the appeal.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400

Action Calendar – Old Business

33.

 Adopt an Ordinance Banning the Use of Live Animals as Prizes (Item continued from October 3, 2017)
Revised materials
From: Councilmember Worthington
Recommendation: Adopt an Ordinance banning the use of live animals as prizes or awards at fairs and/or by any other person, firm, or corporation whose main purpose is amusement and/or retail sales that do not specifically promote and support the proper care of live animals.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – New Business

34.

Authorizing the Issuance of Up to $35,000,000 in General Obligation Bonds for the Measure T1 – Infrastructure and Facilities Improvements
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance of $35,000,000 aggregate principal amount of general obligation bonds (Measure T1 – Infrastructure and Facilities Improvements), approving an official statement and authorizing actions related hereto.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

35.

Side Letter of Agreement with Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with the Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association, amending Section 11 (Higher Classification and Temporary Appointments) to allow for the utilization of project based positions, on a limited basis not to exceed three years, where funding for the position is uncertain as to amount or duration.
Financial Implications: None
Contact: Margarita Zamora, Human Resources, 981-6800

 

 

36.

Response to City Council Regarding Researching Alternate Sources of Funding
From: Homeless Commission
Recommendation: Adopt a Resolution directing staff to urge Berkeley homeless service nonprofit agencies that receive funds from the City of Berkeley, to prepare for funding cuts that could emerge as a result of funding decreases from the federal government or other entities.  That Council urge homeless service agencies to engage in increased economic development efforts or partner with other agencies, for economic development purposes, if their agency is limited in resources. That Council designate funding for agencies to attend economic development/fund-raising educational efforts to increase their exposure to current and emerging new sources of private foundation and other funding, available as an alternative to reliance on government funding, to sustain their agencies' efforts.
Financial Implications: See report
Contact: Peter Radu, Commission Secretary, 981-5400

 
 

37a.

Suicide Prevention
From: Mental Health Commission
Recommendation: Adopt a Resolution directing the Department of Health, Housing and Community Services (HHCS) to issue a Request For Proposal (RFP) for a consultant with expertise in suicide prevention to research suicide prevention strategies in other jurisdictions and recommend strategies to be utilized in Berkeley.
Financial Implications: See report
Contact: Karen Klatt, Commission Secretary, 981-5400

 

 

37b.

Companion Report: Suicide Prevention
From: City Manager
Recommendation: The City Manager recommends that the Department of Health, Housing and Community Services (HHCS) use internal resources to research suicide prevention strategies in other jurisdictions and recommend strategies to be utilized in Berkeley.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

 

38.

Zero Waste Strategic Plan
Presentation
From: Zero Waste Commission
Recommendation: In order to meet our Zero Waste Goal, and in response to the City Auditor’s recommendations, the Zero Waste Commission recommends that the City move forward immediately to 1. Update the Zero Waste Goal for current feasibility; and 2. Issue the RFP for a consultant to develop a Zero Waste Strategic Plan - which will lead the City towards that goal.
Financial Implications: See report
Contact: Heidi Obermeit, Commission Secretary, 981-6300

 

Council Action Items

39.

Installation of a 4-Way Stop at the Intersection of Rose and Walnut Streets
Revised materials
From: Councilmember Hahn
Recommendation: Refer to the City Manager to install two additional stop signs at the intersection of Rose and Walnut Streets, transforming the 2-way stop intersection into a 4-way stop intersection by January 31, 2018.
Financial Implications: Minor
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

40.

Administrative Changes Related to Taxicabs
From: Councilmembers Worthington and Harrison
Recommendation: Request the City Manager consider the following administrative changes, in order to increase the competitiveness of the taxi industry:
1. Reduce the annual vehicle inspection fee from $88 to $45 and the re-inspection fee from $45 to $25.
2. Increase the maximum amount of free taxi scrip that drivers are able to redeem each week from the current limit of $400 to $800 (if taxi scrip is redeemed twice per week, the maximum amount redeemed at once should be raised to $400 from $200).
3. Consolidate all taxi-related undertakings, including customer service and taxi scrip redemption, to one office located at 1947 Center Street, Berkeley, CA 94704.
4. Reduce the burden of the current mandatory sensitivity training course for taxi drivers, by exploring an option to complete the course online instead of in San Francisco, which costs $50 and imposes onerous logistical costs. For example, available courses can be found at http://www.equo.co.uk/11-Taxi-Drivers.
5. Clarify in writing that taxi-drivers may purchase collective insurance instead of individual insurance. This will allow drivers to accumulate a more substantial fund to cover individual crashes, pay less per person, and reap similar benefits as rideshare drivers (who are insured by Transportation Network Companies) do.
6. Set up a future and a limited retroactive appeals process for taxi companies who have had their permit revoked. One immediate appeal is being requested by the DeSoto Cab Company based on their recent treatment. After completing almost the entire process, including its permit was still refused no method of contesting the revocation provided.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

41.

City Manager Referral to Update City’s Municipal Code To Increase Competitiveness of Taxi Industry
Revised materials
From: Councilmembers Worthington and Harrison
Recommendation: Refer to the City Manager to update the City’s municipal code sections 9.52.020, 9.52.070, 9.04.020, and 9.04.035 to reflect the following items, in order to increase the competitiveness of our local taxi industry:
1. Explore the creation of a transportation network company tax or fee, to the extent legally permissible.
2. Cease to require physical inspections and the corresponding fees beyond the first year that a taxi driver operates the vehicle. As it is in the best interest of a taxi driver to maintain the appearance of their exterior in order to attract more customers, this inspection is unnecessary.
3. Allow the annual vehicle inspection to be conducted by either a city employee or an ASI-certified mechanic.
4. Move the Ashby BART Taxi Stand outside of the BART station to neighboring M.L.K. Jr. Way, in order to increase visibility for taxis.
5. Create an appeals process with limited retroactive application for taxi companies which have had their permits revoked.
6. Replace the current yearly renewal policy on taxi driver ID permits and extend the validity period to three years. All existing permits backdated to Jan 1, 2017 should be renewed on Jan 1, 2020.
7. Terminate outdated permits, and prioritize taxi drivers on the waiting list to attain the available permits.
8. Waive insurance payments for taxi drivers who must take a leave of absence in case of emergency.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

42.

Annual Report on Training and Organizational Development Programs
From: City Manager
Contact: Margarita Zamora, Human Resources, 981-6800

43.

City Auditor’s Report on Results Fiscal Year 2017
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750


Public Comment – Items Not Listed on the Agenda

 

Adjournment 

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/CalendarEventWebcastMain.aspx 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: 

2180 Milvia Street 

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 981-6418 (V) or 981-6347 (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 October 5, 2017.

Mark Numainville, City Clerk

 

ommunications

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. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Transfer Station / Air Quality

  1. David Lerman

Political Articles

  1. Donald Goldmacher (2)

Housing Commentary

  1. Avram Gur Arye (2)

Paid Family Leave

  1. Walter Wood (2)

Protests / Free Speech

  1. Susan Powers
  2. Rachel Lederman
  3. Jennifer Pearson

Senate Bill 179

  1. Diego Aguilar-Canabal

Development at 3000 Shattuck

  1. Sabina McMurtry

Advisory Role of the PRC

  1. Police Review Commission

Traffic Safety

  1. Steven Schuyler

Public Meetings

  1. Tree Fitzpatrick

Downtown Safety

  1. Kathi Pugh / John Caner

2527 San Pablo Avenue Project

  1. Jennifer Cooper

Supplemental Communications and Reports

Items received by the deadlines for submission will be compiled and distributed as follows.  If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

  • Supplemental Communications and Reports 1
    Available by 5:00 p.m. five days prior to the meeting.

  • Supplemental Communications and Reports 2
    Available by 5:00 p.m. the day of the meeting.

  • Supplemental Communications and Reports 3
    Available by 5:00 p.m. two days following the meeting.

 

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