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General Information
General Information

Regular Meeting eAgenda
February 13, 2018
                                                                                             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, February 13, 2018 

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.

Emergency Standby Officers for the Mayor and Councilmembers
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 68,140-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

 

2.

 Contract: Lake Research Partners for 2018 Community Survey
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Lake Research Partners to develop and perform one (1) or two (2) telephone surveys of registered voters, provide the associated analysis and reports and any required consulting services. The contract would be for a one year period, starting February 14, 2018, for a total contract amount not to exceed $62,000.
Financial Implications: General Fund - $62,000
Contact: Matthai Chakko, City Manager’s Office, 981-7000

 

3.

 License Agreement:  Ecology Center – Soil Testing Training Program for High School Students at the Santa Fe Right-of-Way
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a license agreement with the Ecology Center to provide soil testing training for high school students at the Santa Fe Right-of-Way parcel between Derby and Carleton Streets.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

4.

Mills Act Contract – 2910-12 Telegraph Avenue
From: City Manager
Recommendation: Adopt a Resolution to authorize and direct the City Manager to enter into a Mills Act contract with Linda M. Joseph for the City Landmark property at 2910-12 Telegraph Avenue.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

5.

Mills Act Contract – 4 Greenwood Common
From: City Manager
Recommendation: Adopt a Resolution authorizing and directing the City Manager to enter into a Mills Act contract with Syndi B Master for the City Landmark property at 4 Greenwood Common.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

6.

Contract: Gehl Studio, Inc. for Conceptual Design, Feasibility Study and Related Services for the Center Street Plaza Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Gehl Studio, Inc. for conceptual design, feasibility study and related services for the Center Street Plaza Project, for the period March 1, 2018 through March 1, 2021, in an amount not to exceed $550,000.
Financial Implications: Various Funds - $550,000
Contact: Phillip Harrington, Public Works, 981-6300

 

7.

Commission on Aging Liaison Appointments
From: Commission on Aging
Recommendation: Adopt a Resolution appointing liaisons from the Commission on Aging to the following commissions: Disaster and Fire Safety Commission, Parks and Waterfront Commission, Transportation Commission, Board of Library Trustees, Planning Commission, Homeless Commission, Animal Care Commission, Human Welfare and Community Action Commission, Commission on Disability, Housing Advisory Commission, Community Health Commission, Mental Health Commission, and Peace and Justice Commission.
Financial Implications: None
Contact: Richard Castrillon, Commission Secretary, 981-5190

 

Council Consent Items

8.

Contract No. 9369 Amendment: Badawi & Associates, Certified Public Accountants for Professional Auditing Services
From: Mayor Arreguin
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9369 with Badawi & Associates to perform annual audits of the city’s financial statements and to perform annual compliance audits required by the Single Audit Act of 1984 (as amended), for fiscal year 2018 (FY18), in the amount of $155,400; with an option to extend the agreement for two additional one-year periods for the FY19 and FY20 audits, in the amounts of $163,170 and $171,329, respectively, increasing the maximum contract value by $489,899 from $753,997 to $1,243,896 for the period May 6, 2018 to June 30, 2021, option periods included.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, 981-7100

 

9.

Declaring Berkeley a Sanctuary for Adult-Use Cannabis Customers, Providers, and Landlords
Revised materials
From: Mayor Arreguin and Councilmembers Bartlett and Davila
Recommendation: Adopt a Resolution declaring that Berkeley will be a sanctuary for adult-use cannabis customers, businesses, providers, and landlords, specifying procedures regarding staff interaction with the Drug Enforcement Administration related to the enforcement of federal drug laws.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

 

10.

Amendment to Commercial Waste Collection System for the 4th Street Commercial District Operating Akin to a Mall
From: Councilmember Maio and Mayor Arreguin
Recommendation: Amend Option 1A to Expanding Refuse Collection to read: City provides all commercial services but roll-off containers and compactors, and except for commercial districts (excluding restaurants) wherein special collection services are embedded in existing leases and where the district provides special services.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

11.

Direction to the City Manager: Negotiate with BART to Remove Prison-Like Fence from Here-There Sign Located at 63rd Street and Martin Luther King Jr. Street
Supplemental materials
From: Councilmembers Bartlett and Davila
Recommendation: Direct the City Manager to negotiate with BART to remove the prison-like fence from the Here-There Sign located at 63rd Street and Martin Luther King Jr. Street.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

12.

Black History Month: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmembers Bartlett, Hahn, and Davila
Recommendation: Adopt a Resolution approving the expenditure of funds, including $250 from Councilmember Bartlett, to Black History Month and Berkeley Juneteenth Festival (organized by Berkeley Juneteenth Association, Inc. 501(c)3). The funds should be relinquished to the City’s general fund for this purpose from the discretionary council office budget of Councilmember Bartlett and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $250
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

13.

Referral to the Peace & Justice Commission: Examine Internet Communications Platforms Servicing Berkeley
From: Councilmembers Bartlett, Davila, and Harrison
Recommendation: Referral to the Peace & Justice Commission to examine the internet communications platforms servicing Berkeley to assess whether they are propagating or promoting racism and/or discrimination.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

14.

Supporting SB 100 - California Renewables Portfolio Standard Program: Emissions of Greenhouse Gases
From: Councilmembers Hahn and Harrison, Mayor Arreguin, and Councilmember Worthington
Recommendation: In light of its reintroduction, reaffirm the City Council’s support of the new version of SB 584, SB 100, mandating that all of California’s end-use electricity is produced from renewable energy sources by 2045. Send a letter to Senator Kevin De León, Senator Nancy Skinner, and Assemblymember Tony Thurmond reaffirming Berkeley’s support of this bill.
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

15.

Supporting Reauthorization of the Institute of Museums and Library Services
From: Councilmembers Hahn and Wengraf
Recommendation: Send a letter to U.S. Senators Dianne Feinstein and Kamala Harris requesting that they co-sponsor Senate Bill S 2771, reauthorizing funding for the Institute of Museums and Library Services (IMLS).
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

16.

 Opposing Threats of Imminent Heightened US Immigration and Customs
Enforcement Activities in the Bay Area
From: Councilmember Hahn, Mayor Arreguin, and Councilmembers Harrison and Davila
Recommendation:
Adopt a Resolution expressing our strongest opposition to recent threats of imminent heightened enforcement activities by US Immigration and Customs Enforcement (ICE) in the Bay Area, and to reiterate Berkeley’s commitment to protecting its immigrant community.
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

17.

Referral to the City Manager to Submit a Filing to the CPUC Recommending Adjusting Electric Rule 20 to Better Serve the City of Berkeley and Other Communities with Very High Fire Hazard Severity Zones
From: Councilmembers Wengraf and Hahn, Mayor Arreguin, and Councilmember Droste
Recommendation: A referral to the City Manager to submit a filing with the California Public Utilities Commission (CPUC) concerning the CPUC’s current review of Electric Rule 20. The CPUC is considering, among other things, how the existing program is administered by the various utility companies operating in California and the definition of what projects are to be included in the public interest.
Financial Implications: Staff time
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

 

18.

Support for California Bills to Enhance Disaster Insurance Coverage
From: Councilmembers Wengraf, Droste, and Hahn
Recommendation: Write a letter in support of the following bills seeking to aid disaster survivors in filing claims and receiving fair payment from their disaster insurance: SB897, SB894, SB824, AB1722, AB1800, AB1875 and AB1797. Send the letter to State Senator Nancy Skinner and Assemblymember Tony Thurmond in support of these bills.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

 

19.

Black Repertory Group Theater: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $10,000 per councilmember, including $10,000 from Councilmember Worthington, to Black Repertory Group, with funds relinquished to the city’s general fund for this purpose from the discretionary council office budget of Councilmember Kriss Worthington and any other councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $10,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

20.

Proclamation in Honor of Holocaust Remembrance Day
From: Councilmembers Worthington, Wengraf, Hahn, and Harrison
Recommendation: Adopt the Remembrance Day Proclamation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

21.

Holocaust Remembrance Day Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
Revised materials
From: Councilmembers Worthington, Wengraf, and Hahn
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember, including up to $250 each from Councilmember Worthington and Susan Wengraf, to support the Holocaust Remembrance Day Event with funds relinquished to the City's general fund for this purpose so that the City of Berkeley is able to invite and support the community on this event from Councilmembers Kriss Worthington and Susan Wengraf’s discretionary Council Office Budgets and any other Councilmembers who would like to contribute.
Financial Implications: Councimembers' Discretionary Funds - $250
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

22.

 Raising the Tibetan Flag in Solidarity with the Tibetan People for the 59th Anniversary of the Tibetan National Uprisingand the Day Shall be Officially Recognized as "Tibet Day" and the Tibetan Flag Shall be Raised at City Hall
From: Councilmembers Worthington and Davila
Recommendation:
Adopt a Resolution urging China to respect Tibetan People’s right to self-determination, safeguard their human rights and their pristine environment, and to resume dialogue with His Holiness and other Tibetan leaders. Additionally, to allow the Tibetan flag to be raised on the city flag pole on March 10, 2018 and every year hereafter to show solidarity with the people of Tibet.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

23.

Support Congressional Adoption of “Resolution of Disapproval” of FCC Vote Overturning Net Neutrality
From: Councilmembers Worthington, Davila, and Hahn
Recommendation: Support Congressional adoption of “Resolution of Disapproval” of FCC vote overturning Net Neutrality.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

24.

Adopt Proclamation Declaring April 24, 2018 as Armenian Genocide Commemoration Day in Berkeley
From: Councilmembers Worthington, Davila, Harrison, and Wengraf
Recommendation: That the City of Berkeley adopt a proclamation declaring April 24, 2018 Armenian Genocide Commemoration Day in Berkeley.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

25.

 Southwest Airlines Reported Mistreatment of a Muslim Passenger and Subsequent Charges Levied by the State of Maryland
From: Councilmember Worthington
Recommendation:
Approve sending letters to Southwest Airlines and Maryland State Attorney condemning the reported mistreatment of a Muslim customer by Southwest Airlines and requesting that subsequent charges levied by the State of Maryland against said passenger be dropped.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

26.

Referral to the City Manager on Gender Options of the General Application for City Boards and Commissions
From: Councilmembers Droste, Maio, Wengraf, and Worthington
Recommendation: Refer to the City Manager to add a nonbinary gender option on the General Application for appointment to Berkeley boards and commissions.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

27.

Letter of Support for SB 831 (Wieckowski) Land Use: Accessory Dwelling Units
From: Councilmembers Droste and Bartlett
Recommendation: Send a letter of support to State Senator Nancy Skinner and State Assemblymember Tony Thurmond urging them to support SB 831 (Wieckowski) Land Use: Accessory Dwelling Units.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

28.

Small Business Subcommittee Creation
From: Councilmember Droste, Mayor Arreguin, and Councilmembers Wengraf and Maio
Recommendation: Form a four-person Mayor-Council ad-hoc subcommittee consisting of Mayor Arreguín, Councilmember Droste, Councilmember Maio, and Councilmember Hahn to explore issues related to Berkeley’s small businesses.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

29.

Amending Resolution 67,821-N.S. “Establishing the City Council’s Policy for the General Fund Reserves” to Include General Fund Usage Criteria
From: Councilmember Droste, Harrison, and Wengraf
Recommendation: Per Council direction on October 3, 2017, Councilmembers Droste, Harrison, Wengraf and Worthington formed an ad-hoc subcommittee to review and propose General Fund Stability Reserve Usage criteria such as those recommended and proposed by the City Auditor and City Manager. The Subcommittee was formed to increase transparency and demonstrate the Council’s commitment to fiscal responsibility. The Subcommittee recommends adding language as outlined in the report to Resolution 67,821-N.S.
Financial Implications: See report
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.

     

Action Calendar – Public Hearings

 

Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and 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. 

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

     

30.

Residential Preferential Parking (RPP) Program Reform and Expansion
Presentation
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 14 to expand eligibility for Residential Preferential Parking to specified areas, allow Residential Preferential Parking in areas zoned Mixed Use Residential, authorize new meters in West Berkeley to manage commercial parking adjacent to residences in mixed-use areas, add a cap on the number of annual permits residents may purchase, and
2. Adopt a Resolution raising permit fees to eliminate the Program’s operating deficit and rescinding Resolution No. 66,895-N.S. effective March 1, 2018.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

Action Calendar – Old Business

 

31.

Strengthening Provisions of Significant Community Benefits in the Downtown (Continued from January 23, 2018.  Item contains revised materials.)
From: Councilmember Harrison and Mayor Arreguin
Recommendation: Adopt a Resolution establishing a more specific process and more precise standards for evaluating “Significant Community Benefit” packages for buildings exceeding 75 feet in the Downtown area, and rescinding Resolution No. 67,172-N.S.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

32a.

Addressing Critical Concerns of the Homeless - Port-a-Potties, Wash Stations and Trash Removal at Encampments/Hepatitis A Vaccine Distribution (Continued from January 23, 2018.)
From: Homeless Commission
Recommendation: Adopt a Resolution to 1. Develop a quick, barrier-free process to provide port-a-potties, wash stations, and trash pick-up for unsheltered homeless residents, prioritizing the largest encampments and taking into consideration proximity, safety and accessibility; and 2. Support the City's securing and administration of Hepatitis A vaccines; have them provided where homeless persons generally congregate; and have community-based organizations that receive funding from the City distribute information about where homeless persons can access these vaccines.
Financial Implications: See report
Contact: Peter Radu, Commission Secretary, 981-5400

 

32b.

Companion Report: Addressing Critical Concerns of the Homeless - Port-a-Potties, Wash Stations and Trash Removal at Encampments/Hepatitis A Vaccine Distribution (Continued from January 23, 2018.)
From: City Manager
Recommendation: Take no action on the Homeless Commission’s resolution, and instead allow City staff to continue making progress on current efforts to distribute port-a-potties, handwashing stations, trash pick-up, and Hepatitis A vaccine.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

33.

 Amending BMC Chapter 9.04: Tax Rate for Non-Medical Cannabis Businesses (Continued from January 30, 2018.)
From: Mayor Arreguin
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 9.04 to modify the business license tax rate for Non-Medical Cannabis Businesses to $50/$1,000 gross receipts (or 5%).
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, 981-7100

 

Action Calendar – New Business

 

         

34.

Proposition 218 Formation of New Streetlight Improvement District and Authorization of Streetlight Engineering Report
From: City Manager
Recommendation: Adopt a Resolution approving the formation of the new Streetlight Maintenance and Improvement District 2018 and the development of a Streetlight Engineer’s Report.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

35.

Proposition 218 Clean Stormwater Fee Initiative, Fee Report, and Ballot Procedures
Revised materials
Presentation
From: City Manager
Recommendation: Adopt two Resolutions:
1.  Approving the Stormwater Fee Initiative and Fee Report.
2.  Approving the Ballot Procedures under the Proposition 218 Fee Initiative Process for the Stormwater Fund.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

36a.

Supplemental Paid Family Leave
From: Commission on the Status of Women and Commission on Labor
Recommendation: Adopt first reading of an Ordinance adding Berkeley Municpal Code Chapter 9.90 with the following changes: 1. Add Job Protection Language to ensure workers cannot be fired for using paid family leave. 2. Include the City of Berkeley as a “covered employer” in Chapter 9.90.030 of the Ordinance. 3. Allocate financial resources for outreach, education, and enforcement of the provisions provided by Ordinance.
Financial Implications: Unknown
Contact: Shallon Allen, Commission Secretary, 981-7071, Delfina Geiken, Commission Secretary, 981-5400

 

36b.

 Companion Report:  Supplemental Paid Family Leave
From: City Manager
Recommendation:
Since the Commissions’ action would result in City costs of approximately $945,485, recommend that the Council refer the Commission on the Status of Women and Commission on Labor’s recommendations to the City’s referral prioritization process.
Financial Implications: See report
Contact: Margarita Zamora, Human Resources, 981-6800

 

37.

Housing Advisory Commission’s U1 Recommendations
From: Housing Advisory Commission
Recommendation: Targeting of U1 Funds: The City should consider establishing a household income targeting goal regarding U1 expenditures and housing affordability.  To set this goal, the City could consider the use of progress made towards meeting the City’s Housing Element RHNA numbers.  At present, the most under-served income groups are households with extremely low-incomes, low-incomes, and moderate-incomes. A second issue is how income groups are defined for purposes of allocating U1 funds.  In general, affordable housing programs use Alameda County incomes defined by household size to determine program eligibility.  While it can be argued that very low-income should be defined with a higher income threshold in Berkeley than in some other areas of Alameda County (considering differentials in the cost of living), there really are few other options, particularly if the City and its partners use U1 funds to leverage other funding from state and federal sources. Recommendations for Allocation of U1 Funds: 1. Initially allocate 15% for anti-displacement activities.  These activities could include eviction defense and housing counseling, funding the housing retention program, and additional funds for a flexible housing subsidies pool. Remainder of funds to be used to maintain and increase the supply of permanently affordable housing; this may include co-operative housing. 2. Do not allocate all U1 revenues in a given fiscal year to a single project.  Administrative Recommendations: 1. City to determine what percentage of U1 funds to be allocated for administration of U1 funds. 2. When appropriate, use the Housing Trust Fund process to allocate funds. 3. Track U1 deposits and expenditures – as promised in the ballot measure. 4. City needs to establish a way to track U1 Funds and expenditures. 5. City should prepare an annual report by May of each year for the HAC and public that reports on revenues and expenditures related to U1 funds.
Financial Implications: None
Contact: Amy Davidson, Commission Secretary, 981-5400

 

38a.

First They Came for the Homeless Encampment
From: Homeless Commission
Recommendation: Adopt a Resolution that the City of Berkeley provide the First They Came for the Homeless encampment with a location for a tent city which will not be subject to removal absent a major legal violation by the entire encampment community, in addition to working on a longer-term, broader policy that impacts other encampments.
Financial Implications: Unknown
Contact: Peter Radu, Commission Secretary, 981-5400

 

38b.

Companion Report: First They Came for the Homeless Encampment
From: City Manager
Recommendation: Take no action on the Homeless Commission’s resolution to provide the First They Came for the Homeless encampment with a permanent location for a tent city, but adopt the Commission’s concurrent recommendation to develop a broader policy on homeless encampments throughout the City.
Financial Implications: Staff time
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

39a.

Storage at Premier Cru
From: Homeless Commission
Recommendation: Adopt a Resolution to provide storage for unhoused persons at the Premier Cru complex.
Financial Implications: See report
Contact: Peter Radu, Commission Secretary, 981-5400

 

39b.

Companion Report: Storage at Premier Cru
From: City Manager
Recommendation: Take no action on the Homeless Commission’s resolution to provide storage for unhoused persons at the Premier Cru complex, and instead allow staff to explore various locations that would be feasible given the available budget.
Financial Implications: None
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

  

Information Reports

 

40.

Referral Response: City Council Legislative Position Tracking List
From: City Manager
Contact: Mark Numainville, City Clerk, 981-6900

  

41.

Increasing the Fixed Assets Capitalization Threshold from $1,000 per Unit to $5,000 per Unit
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300

  

42.

Referral Response:  Water Fountain and Water Bottle Filling Station Requirement
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

  

43.

Space for Berkeley Food Network
From: Zero Waste Commission
Contact: Heidi Obermeit, Commission Secretary, 981-6300

 

Public Comment – Items Not Listed on the Agenda 

Adjournment in memory of:

  1. Warner Freeman, Berkeley Teacher

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 February 1, 2018. 

 

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

Item 16: Opposing Threats of Imminent Heightened US Immigration and Customs Enforcement Activities in the Bay Area

  1. Summer Brenner

Easy Does It

  1. Kevin Hara

State Policy on Homeless

  1. David Lerman (2)

Article on Homelessness

  1. Harry Brill

Sidewalk on Shattuck in Front of Peets

  1. Gaby Olander

Housing Commentary

  1. David Lerman (2)

Council Concern

  1. Bob Flasher

Response to Proposed Ordinance

  1. Mike Lee

Annual Activities Report

  1. Sugar-Sweetened Beverage Product Panel of Experts

SB 827

  1. Housing Advisory Commission

Homeless Encampments

  1. Erik Dreher
  2. Jack Kurzweil
  3. Pedro Alvarez, Jr.

Use of City Email

  1. Tree Fitzpatrick

Police Force Concerns

  1. Esther Lerman
  2. Dil Khan

Cultivation of Medical Cannabis Beyond the M Zone

  1. Alan Kalmanoff

1524 University Avenue/Police Written Statements

  1. W.B.C.

 

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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