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General Information
General Information

Regular Meeting eAgenda
June 12, 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.

~~~~~~~~~~~~~~~~~~~~~

REVISED AGENDA 

(Revised to Correct the Title of Agenda Item No. 43)

BERKELEY CITY COUNCIL MEETING 

Tuesday, June 12, 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. 

  1. Proclamation recognizing Flora Russ 
  2. Proclamation recognizing Amateur Radio Week 

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.  Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items.  A speaker may only speak once during the period for public comment on Consent Calendar and Information items. 

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”. 

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.  

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

     

1.

Amend Berkeley Municipal Code Section 14.52.130 for Inoperable Pay-and-Display Stations to Align with the California Vehicle Code
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,600-N.S. amending Berkeley Municipal Code Section 14.52.130 Time Limits Enforced at Inoperable Parking Meters and Pay-And-Display Stations to align with California Vehicle Code (CVC) §22508.5, which allows free parking up to the posted time limit at a space controlled by an inoperable parking meter.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent – Worthington.
Financial Implications: None
Contact: Phillip Harrington, Public Works, 981-6300

 

2.

Amending Berkeley Municipal Code Title 6 and Title 14 to Include Electric Vehicle Parking in Municipal Off-Street Parking Facilities and on Public Streets
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,601-N.S.amending Berkeley Municipal Code Title 14 Vehicles and Traffic by adding Chapter 14.46 Electric Vehicle Parking to manage their parking on public streets and amending Berkeley Municipal Code Chapter 6.24 Municipal Off-Street Parking lots to manage electric vehicle parking for off-street facilities, revise terminology to utilize “off-street parking facilities” in order to represent off-street lots and garages, and remove references to the City Epark card.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent – Worthington.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

3.

Sunset of Inactive Council Committees
From: City Manager
Recommendation: Adopt a Resolution officially retiring the Post Office Standing Committee and the Medical Marijuana Standing Committee, and declaring that the Open Government Ad Hoc Committee, and the Ad Hoc Committee on Homelessness have completed their respective tasks assigned by the City Council and are retired.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

 

4.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 12, 2018
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: $7,302,631
Contact: Henry Oyekanmi, Finance, 981-7300

 

5.

FY 2019 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1663 (16.63 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

6.

FY 2019 Tax Rate: Fund the Provision of Emergency Medical Services
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0378 (3.78 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

7.

FY 2019 Tax Rate: Emergency Services for the Severely Disabled
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate for funding the provision of emergency services for the disabled at $0.01575 (1.575 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

8.

FY 2019 Tax Rate: Business License Tax on Large Non-Profits
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate for Business License Tax on large non-profits at $0.6173 (61.73 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

9.

FY 2019 Tax Rate: Fund Disaster Fire Protection (Measure Q)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate for funding the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

10.

FY 2019 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0090%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

11.

 FY 2019 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2019 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.05594 (5.594 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.08465 (8.465 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300; David Brannigan, Fire, 981-3473

 

12.

FY 2019 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate for funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0205%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

13.

FY 2019 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure M, November 2016) at 0.0127%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

14.

FY 2019 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0085%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

15.

FY 2019 Special Tax Rate: Fund the Provision of Library Services
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2019 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2185 (21.85 cents) per square foot for dwelling units and $0.3303 (33.03 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300; Elliot Warren, Library, 981-6100

 

16.

Temporary Appropriations FY 2019
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2018, until the effective date of the FY 2019 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

17.

Tie the City’s Maximum Household Very Low Income Level to the US Department of Housing and Urban Development’s (HUD) Very Low Income Threshold for a Two-Person Household, Effective July 1, 2018
From: City Manager
Recommendation: Adopt a Resolution linking the maximum income level for one- to two-person households to qualify for the Very Low Income (VLI)  exemption from specified local taxes and fees, to the US Department of Housing and Urban Development’s (HUD) and the City’s Very Low Income threshold for a two-person household, effective July 1, 2018, and rescinding Resolution No. 66,753-N.S.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

18.

Shelter Plus Care Program Renewal Grants
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive funds and execute any agreements and amendments resulting from the renewal of the following grants:  1. Five Shelter Plus Care grants from U.S. Department of Housing and Urban Development: a) $3,058,786 for Tenant-Based Rental Assistance for the period June 1, 2018 through May 31, 2019; b) $194,131 for sponsor-based rental assistance for the Supportive Housing Network for the period of June 1, 2018 through May 31, 2019, with Resources for Community Development as the project sponsor; c) $188,768 for sponsor-based rental assistance for the Pathways Project for the period June 1, 2018 through May 31, 2019, with Bonita House, Inc. as the project sponsor; d) $698,098 in tenant-based rental assistance for the COACH Project grant for the period of January 1, 2019 through December 31, 2019; and e) $292,416 in tenant-based rental assistance for the Housing for Older Adults Project (HOAP) grant for the period of November 1, 2018 through October 31, 2019.  2. One grant from the County of Alameda for $548,645 to provide tenant-based rental assistance to individuals who have HIV/AIDS and other disabilities from March 1, 2018 through February 28, 2019.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

19.

Mental Health Services Act – Memorandum of Understanding with Alameda County Behavioral Health Care Services to Fund a Wellness Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to extend and amend a Memorandum of Understanding (MOU) between the City of Berkeley and Alameda County Behavioral Health Care Services (BHCS) for the term July 1, 2017 through June 30, 2020 for an expenditure of up to $426,250 per fiscal year to fund the creation and operation of a Mental Health Wellness Center (Wellness Center) located in the City of Berkeley.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

20.

Contract No. 10853 Amendment: Atera Prime, Inc. DBA Emgage, Inc. for Turbo Implementation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10853 with Atera Prime, Inc. DBA Emgage Inc. for implementation services of Emgage’s Turbo forms product, for an amount not-to-exceed $56,810 and a total contract value not-to-exceed $84,275 from March 28, 2018 to June 30, 2019.
Financial Implications: General Fund - $56,810
Contact: Savita Chaudhary, Information Technology, 981-6500

 

21.

Contract No. 10545 Amendment: Alcor Solutions, Inc. for Implementation Services for Additional ServiceNow Modules
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10545 with Alcor Solutions, Inc., for the implementation of additional ServiceNow modules, for an amount not-to-exceed $343,670, and a total contract value not-to-exceed $835,564 from February 14, 2017 to June 30, 2021.
Financial Implications: General Fund - $343,670
Contact: Savita Chaudhary, Information Technology, 981-6500

 

22.

Revenue Grant: FEMA Hazard Mitigation Grant Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a letter of commitment of matching funds for a Hazard Mitigation Grant application for the Retrofit Grants program to the Federal Emergency Management Agency (FEMA), 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

 

23.

2018 Bay Area SunShares Residential Solar and Zero-Emission Vehicle Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a letter of commitment with the Business Council on Climate Change (BC3) to affirm the City of Berkeley’s participation in the 2018 Bay Area SunShares residential solar and zero-emission vehicle program.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 
 

Council Consent Items

 

24.

Placing a Measure on the November 6, 2018 Ballot Supporting the Development of Vision 2050: A Long-Range Sustainable Infrastructure Plan
From: Mayor Arreguin and Councilmember Hahn
Recommendation:
1. Adopt a Resolution submitting an advisory measure on the November 6, 2018 general municipal ballot supporting the development of Vision 2050 for a Resilient City, a long-range sustainable infrastructure plan.
2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282(b).
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, 981-7100

 

25.

UC Berkeley Master Leasing of Student Housing
From: Mayor Arreguin and Councilmembers Hahn and Wengraf
Recommendation: Send a letter to Chancellor Carol Christ urging UC Berkeley to prioritize the creation of student housing through new construction rather than master leasing of units. Prioritize development on the following sites: Fulton/Bancroft; University/Oxford; Channing/Ellsworth; and infill development at Unit 3, including consideration of modular or prefabricated housing.  These locations can generate enough student housing to fulfill the remaining 1,500 beds approved under the current 2020 LRDP.  In addition, the City Council requests that UC Berkeley continue collaborative efforts to increase housing production in the Southside area. Specifically the city requests the opportunity for input on prioritizing and phasing of projects, number of units developed at each site, design/massing.  The City requests a presentation at a City Council work session on its student housing plan, in order to solicit Council and community input in the development of additional student housing.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

 

26.

Emergency Response Vehicle Use Policy
From: Mayor Arreguin
Recommendation: The City Council to approve the proposed General Order V-11 “Emergency Response Vehicle”.
Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, 981-7100

 

27.

Excused Absence for Councilmember Cheryl Davila
From: Mayor Arreguin
Recommendation: Excuse Councilmember Cheryl Davila from the May 15, 2018 Council meeting due to illness.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

 

28.

Excused Absence for Councilmember Lori Droste
From: Mayor Arreguin
Recommendation: Excuse Councilmember Lori Droste from the May 15, 2018 Council meeting due to illness.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

 

29.

Auto Sales in Commercial South Area (C-SA) Zones
From: Mayor Arreguin and Councilmembers Bartlett and Hahn
Recommendation: Refer to the Planning Commission and the Adeline Corridor Planning Process to develop an ordinance that would prohibit new auto uses and auto sales in C-SA zones.
Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, 981-7100

 

30.

Fossil Fuel Free Berkeley
Supplemental materials (Supp 3)
From: Councilmember Davila, Mayor Arreguin, and Councilmember Harrison
Recommendation: Refer to the Energy Commission and Transportation Commission the proposed resolution to further implementation of the Climate Action Plan and establish the goal of becoming a Fossil Fuel Free Berkeley: - Establish a date by which we are committed to being a Fossil Fuel Free City. - Oppose further transportation of oil, gas, and coal. - Strengthen green building requirements for newly constructed city facilities, and major renovations, including the potential for Zero Net Energy and further integration of considering climate impacts in capital planning projects. Current requirements are LEED Silver, which are far below what we require for new buildings in the Downtown.  - All future City government procurements of vehicles should minimize emissions and set a goal of transitioning the city’s vehicle fleet to all electric vehicles. - Establish a goal of transitioning to 100% renewable energy for municipal operations and community wide goal of 100% reductions by 2030. - Formally oppose recent expansion of offshore drilling by the Trump Administration. - Call for region-wide solutions to carbon emissions, including rapid adoption of renewable energy sources, affordable densification of cities and low-emissions public transportation infrastructure.
Financial Implications: Unknown
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

31.

Library Gardens Plaque
Revised materials (Supp 1)
Revised materials (Supp 2)
From: Councilmembers Harrison and Hahn
Recommendation:
Adopt a Resolution approving the expenditure of funds relinquished to the City's General Fund from discretionary Council Office budgets to pay for the Library Gardens plaque. The plaque will cost approximately $1,000; Councilmember Harrison’s office will pay the difference between the contributions of other Council Offices and the final cost of the plaque.
Financial Implications: Councilmember's Discretionary Funds - up to $1,000
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

32.

Supporting Strong Public Sector Unions Post Janus v. AFSCME Supreme Court Decision
From: Councilmember Harrison, Mayor Arreguin, and Councilmember Worthington
Recommendation: Adopt a Resolution urging the City Manager and the Department of Human Resources to work with the public sector unions in Berkeley to ensure their health and success; and supporting the freedom of Berkeley employees to participate in strong unions post a United States Supreme Court decision on Janus v. AFSCME.
Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

33.

Accessory Dwelling Unit Ordinance Updates
Revised materials (Supp 2)
From: Councilmembers Hahn, Wengraf, and Harrison
Recommendation: Refer to the Planning Commission to consider additional elements for Berkeley’s Accessory Dwelling Unit Ordinance (BMC 23C.24), on an expedited basis.
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

34.

Defining Objective Standards for Views
Revised materials (Supp 2)
From: Councilmembers Hahn and Wengraf
Recommendation: Refer to the Planning Commission and the City Manager the drafting of ordinance provisions defining objective standards for views in Berkeley, and for the protection of views from detrimental impacts.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

35.

 Short Term Contract Extension with Community Conservation Centers Inc. until September 30, 2018
From: Councilmember Hahn
Recommendation:
Direct the City Manager to provide short term funding in the amount of $699,815 for Community Conservation Centers Inc. to continue operations until September 30, 2018, while a long-term contract with the City is negotiated.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

36.

“Women of the New Deal” Conference Co-Sponsorship by City of Berkeley
From: Councilmember Wengraf, Mayor Arreguin, and Councilmembers Hahn and Droste
Recommendation: Adopt a Resolution co-sponsoring the "Women of the New Deal" Conference to be held on the UC Berkeley Campus and at the Berkeley Rose Garden on October 5 and October 6, 2018 as proposed by the Living New Deal, a non-profit research and archival project that documents the works of the New Deal.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

 

37.

 Referral to the Budget Process: Increased Funding for Neighborhood Traffic Calming
From: Councilmembers Wengraf, Harrison, and Droste
Recommendation:
Refer to the Fiscal Year 2019/2020 Budget Process an increase in allocation for neighborhood traffic calming from the current 50 thousand dollars to 100 thousand dollars.
Financial Implications: $50,000
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

 

38.

 Referral of Funds to the Budget Process for Environmental Review
Revised materials (Supp 2)
From: Councilmember Worthington
Recommendation:
That the $45,000 be referred to the budget process for the purposes of funding a CEQA review, if needed, for the More Student Housing Now Resolution.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

39.

 Adopt Resolution and Send Letter of Support to Authors of AB 2314
Revised materials (Supp 2)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution in support of California Assembly Bill 2314, and send a letter of support to the bill’s authors, Assemblymembers Ting and Gonzalez Fletcher (coauthors: Assemblymembers Jones-Sawyer, Kalra, McCarty, and Thurmond; Senator Leyva).
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 
 

Action Calendar

The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar. 

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. 

     

40.

Ballot Tabulation Hearing, Ordering Levies for 2018 Street Lighting Assessment District Proposition 218 (Continued from May 29, 2018)
Supplemental materials (Supp 1)
From: City Manager
Recommendation:
Conduct a public hearing for the 2018 Street Lighting Assessment District as required by Proposition 218 and, upon conclusion of the hearing, the ballots shall be tabulated. If, based on the votes, which are weighted by the amount of the assessment, there is a majority approval by voters, adopt a Resolution enacting the 2018 Street Lighting Assessment District, approving the Final Streetlight Engineer’s Report, accepting tabulation results, and ordering levies for the 2018 Streetlight Improvement Assessment District.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

41.

Ballot Tabulation Hearing, Ordering Levies of 2018 Clean Stormwater Proposition 218 Fee Initiative (Continued from May 29, 2018)
Supplemental materials (Supp 1)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, tabulate ballots for the 2018 Clean Stormwater Fee initiative, and, if there is a majority approval, adopt a Resolution approving the Final Fee Report, accepting the ballot results, and ordering the levy of fees of the 2018 Clean Stormwater Fee.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

42.

Local Adoption of Emergency Amendments to the 2016 California Building Code Governing Emergency Housing
Revised materials (Supp 1)
Supplemental materials (Supp 2)
 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt an Urgency Ordinance adding Section 19.28.100 to the Berkeley Municipal Code Chapter 19.28 (Berkeley Building Code) to incorporate Emergency Building Standards as recently adopted by the State of California for Emergency Housing Buildings and Facilities, with local modifications.
Financial Implications: See report
Contact: Timothy Burroughs, City Manager's Office, 981-7000; Paul Buddenhagen, Housing and Community Services, 981-5400

 

43.

ZAB Appeal: 1499 University Avenue, Use Permit Modification No. ZP2017-0125
Presentation
 Revised materials (Supp 1)
Supplemental materials (Supp 3)
Attachment 5, Admin Record - Pt 1
Attachment 5, Admin Record - Pt 2
Attachment 5, Admin Record - Pt 3
Attachment 5, Admin Record - Pt 4
Attachment 5, Admin Record - Pt 5
Attachment 5, Admin Record - Pt 6
Attachment 5, Admin Record - Pt 7
Attachment 5, Admin Record - Pt 8
Attachment 5, Admin Record - Pt 9
Attachment 5, Admin Record - Pt 10
Attachment 5, Admin Record - Pt 11
Attachment 5, Admin Record - Pt 12
Attachment 5, Admin Record - Pt 13
Attachment 5, Admin Record - Pt 14
Attachment 5, Admin Record - Pt 15
Attachment 5, Admin Record - Pt 16
From: City Manager
Recommendation:
Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit Modification No. ZP2017-0125 to add a roof-top deck above the third floor for the exclusive use of hotel guests to a previously approved 3-story, 16,738 square-foot, 39-room hotel, and dismiss the appeal.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400

 
 
 
Action Calendar

 
 
 

44.

Presentation and Discussion of Third Community Survey Results and Direction About Drafting Measures for the November Ballot Development
Supplemental materials (Supp 2)
Presentation
Supplemental materials (Supp 3)
Supplemental materials (Supp 3)
From: City Manager
Recommendation: Discuss results of the third community survey and provide direction to the City Manager for drafting measures for inclusion on the November 2018 ballot.
Financial Implications: See report
Contact: Matthai Chakko, City Manager's Office, 981-7000

 

45.

City Council Comments on the FY 2019 Proposed Budget Update
From: City Manager
Recommendation: Provide comments on the FY 2019 Proposed Budget Update.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

46.

 Authorizing the City Manager to Defer Impact Fees for 2129 Shattuck Avenue
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to modify the existing incentive package for the hotel project at 2129 Shattuck Avenue by deferring Public Works / Transportation impact fees.
Financial Implications: See report
Contact: Jordan Klein, Economic Development, 981-7530

 

47a.

Referral Response: Proposed Charter Amendment to Restructure the Police Oversight Body
Supplemental materials (Supp 1)
From: Police Review Commission
Recommendation:
Consider a Charter amendment proposed by the Police Review Commission (PRC) to restructure the police oversight body to broaden its authority and strengthen its powers, for placement on the November 2018 ballot, and direct the City Manager to initiate the meet-and-confer process with the Berkeley Police Association.
Financial Implications: See report
Contact: Katherine Lee, Commission Secretary, 981-4950

 
 

47b.

 Direct the City Manager to Analyze the Mayor’s Proposed Police Commission Charter Amendment, and Initiate Meet-and-Confer where Required (Continued from May 29, 2018)
From: Mayor Arreguin
Recommendation: That the City Council direct the City Manager to initiate meet-and-confer, and review the combined PRC and Mayor’s proposed Police Commission Charter Amendment to ensure legal compliance and to enable the Council to place a measure on the November 2018 ballot. The City Manager is directed to expeditiously schedule meetings with affected bargaining units with the goal of completing the meet-and-confer process in time for the August 10, 2018 deadline for placing measures on the November 2018 ballot.
Financial Implications: Staff time
Jesse Arreguin, Mayor, 981-7100

 

48.

Landmarks Preservation Commission Notice of Decision:  2301 Bancroft Way (UC Campus) – The Campanile Way (Permit No. LMIN 2017-0006)
From: City Manager
Recommendation: Certify for Council review the decision of the Landmarks Preservation Commission to designate Campanile Way as a City Landmark and direct the City Manager to set a date for a public hearing to discuss the matter.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

49.

 Declaration of Climate Emergency
Revised materials (Supp 2)
Supplemental materials (Supp 3)
From: Councilmembers Davila and Harrison
Recommendation:
Adopt a Resolution endorsing the declaration of a Climate Emergency and partner with institutions, organizations, community groups, businesses, neighboring city and county governments to plan and organize a regional Climate Emergency Town Hall.
Financial Implications: Unknown
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

50.

City-Sponsored Emergency Preparedness Training and Emergency Preparedness Program (Continued from May 15, 2018)
From: Councilmembers Davila and Harrison
Recommendation:
1. Direct the City Manager to adopt an ordinance requiring that all City of Berkeley employees, Councilmembers, the Mayor and their respective staff complete the following City sponsored Emergency Preparedness training courses: Disaster Preparedness/Disaster Service Worker, Area Safety Monitor, Council and staff receive additional CPR/AED/First Aid Training. Courses will be offered by the City of Berkeley Fire Department in conjunction with Public Works and Human Resources.
2. Budget Referral for the Emergency Preparedness Program and the Emergency Planning Coordinator position to oversee program.
Financial Implications: See report
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

51.

Budget Referral: Replace Berkeley City Limit Signs to Read “Welcome to Berkeley, LOVE LIFE! Sanctuary City and Ohlone Territory” (Continued from May 15, 2018)
From: Councilmember Davila
Recommendation: Refer to the FY19 (2018/2019) Budget Process an estimate of $3,000 to Replace Berkeley City Limit Signs to read: Welcome to Berkeley, LOVE LIFE!, Sanctuary City and Ohlone Territory.
Financial Implications: $3,000
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

52.

Updated Commissioners’ Manual (Continued from May 29, 2018)
Revised materials (Supp 1)
From: City Manager
Recommendation:
Adopt a Resolution 1. rescinding Resolution No. 65,570-N.S.; 2. adopting the updated edition of the Commissioners’ Manual to include new regulations, clarify current procedures, and increase organization and efficiency; and 3. rescinding Resolution No. 61,312-N.S. due to redundancy.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

 

53.

Amending Berkeley Municipal Code Chapter 12.92 to Specify that Vacancy after a Given Period in a Residential or Commercial Building is a Condition of Unlawful Nuisance (Continued from May 29, 2018.  Item contains revised and supplemental material.)
Revised materials (Supp 2)
From: Councilmembers Harrison, Davila, Bartlett, and Mayor Arreguin
Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.92 to specify that vacancy after a given period in a residential or commercial building is a condition of unlawful nuisance.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, 981-7140


Information Reports

54.

Process for Council Ad Hoc Committees
From: City Manager
Contact: Mark Numainville, City Clerk, 981-6900

 

55.

Referral Response: Improvements to Berkeley’s Very Low Income Tax Relief Refund Program
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300

 

56.

Implementation Update on the City of Berkeley Pathways Project to Address Homelessness in Berkeley
From: City Manager
Contact: Jovan Grogan, City Manager's Office, 981-7000

 

57.

LPC NOD:  2277 Shattuck Avenue/#LMSAP2018-0001 for the Hezlett’s Silk Store Building
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 
Public Comment – Items Not Listed on the Agenda

Adjournment in memory of:

1.  Third Anniversary of Library Gardens Tragedy

 

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. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 

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 June 7, 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 34: Defining Objective Standards for Views

  1. Kelly Hammargren

Item 43: ZAB Appeal: 1449 University Avenue, Use Permit Modification No. ZP2017-0125

  1. Patricia Kazmierowski
  2. Henriette Lenssen
  3. Elizabeth McAnally
  4. Christopher Berg (2)
  5. Mary Kathleen Kelley
  6. Aaron Weiss

Item 49: Declaration of Climate Emergency

  1. Kelly Hammargren

Derby Street Surface

  1. Jennifer Dix

Dwight/California Safety Improvements

  1. Annie Parks
  2. Charles Siegel

Berkeley Community Media Relocation

  1. Brian Scott

Berkeley SWAT Team

  1. Jack Kurzweil

Berkeley Honda

  1. Bruce Powelson / Timothy Burroughs

Police Foot Patrol

  1. Josh Maddox and Kathi Pugh
  2. Lauren Schiller

Civic Center Overlay

  1. Fred Dodsworth

Recycling Concern

  1. Sheila Press

Public Banking

  1. Donald Goldmacher

Berkeley Crime

  1. Russ Tilleman (2)

Lime Bikes

  1. Charles Macko / Kriss Worthington

1900 Fourth Street / West Berkeley Shellmound

  1. Rhiannon (2)
  2. Sally Nelson

Homelessness / Encampments

  1. David Davenport
  2. Adam Wilks (3) / Boona Cheema
  3. Friends of Adeline
  4. Donald Goldmacher
  5. Diana Bohn (2)
  6. Charis Baz
  7. Meryl Siegal
  8. Shalom Bochner
  9. Osha Neumann
  10. Julia Cato
  11. Phoebe Sorgen
  12. Mary Ann Brewin
  13. Sandra Lynn
  14. Soula Culver

Berkeley Rose Garden

  1. Pil Orbison

Incidents at 1524 University Avenue

  1. W.B.C. (3)

 

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 before the meeting.

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