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General Information
General Information

Regular Meeting eAgenda
June 26, 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.

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

AGENDA 

BERKELEY CITY COUNCIL MEETING 

Tuesday, June 26, 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 Daniel Galvez
  2. Proclamation recognizing Elder Abuse Awareness Month
  3. Proclamation recognizing City Team for Pathways Project

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.

FY 2019 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,602-N.S. 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.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.
 Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

2.

FY 2019 Tax Rate: Fund the Provision of Emergency Medical Services 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,603-N.S. 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.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

3.

FY 2019 Tax Rate: Emergency Services for the Severely Disabled 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,604-N.S. 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.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

4.

FY 2019 Tax Rate: Business License Tax on Large Non-Profits 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,605-N.S. 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.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

5.

FY 2019 Tax Rate: Fund Disaster Fire Protection (Measure Q) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,606-N.S. 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.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

6.

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 second reading of Ordinance No. 7,607-N.S. 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%. 
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

7.

FY 2019 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,608-N.S. 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.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300; David Brannigan, Fire, 981-3473

 

8.

FY 2019 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,609-N.S. 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%.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

9.

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 second reading of Ordinance No. 7,610-N.S. 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%.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

10.

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 second reading of Ordinance No. 7,611-N.S. 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%.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

11.

FY 2019 Special Tax Rate: Fund the Provision of Library Services 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,612-N.S. 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.  
First Reading Vote: Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300; Elliot Warren, Library, 981-6100

 

12.

Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $221,184 for fitness center memberships for City employees for the period of July 1, 2018 through June 30, 2019.  
Financial Implications: See report 
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

13.

Minutes for Approval 
From: City Manager 
Recommendation: Approve the minutes for the Council meetings of April 30, 2018 (special closed), May 1, 2018 (regular), May 8, 2018 (special), May 15, 2018 (regular), and May 29, 2018 (special closed and regular).  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, 981-6900

 

14.

Voting Delegates – League of California Cities Annual Conference 
From: City Manager 
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Friday, September 14, 2018, at the Long Beach Convention Center.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, 981-6900

 

15.

License Agreement: Berkeley Community Media for Storage at Maudelle Shirek Building 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a license agreement with Berkeley Community Media to use City property at 2134 Martin Luther King, Jr. Way for one year and subject to future extensions by the City Manager.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, 981-6900

 

16.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 26, 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: Various Funds - $1,466,000 
Contact: Henry Oyekanmi, Finance, 981-7300

 

17.

Appropriations Limit for FY 2019 
From: City Manager 
Recommendation: Adopt a Resolution establishing the appropriations limit at $262,610,330 for FY 2019 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

18.

Revisions to the Investment Policy and Designation of Investment Authority 
From: City Manager 
Recommendation: Adopt a Resolution accepting the changes to the Investment Policy and to confirm the delegation of investment authority to make investments to the Director of Finance for FY 2019.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

19.

Authorization to Establish IRS Section 115 Trust Fund and Appoint the City Manager as the Plan Administrator 
From: City Manager 
Recommendation: Adopt a Resolution appointing the City Manager as the Plan Administrator and authorizing the City Manager to take the necessary steps to negotiate and execute the documents to establish a Section 115 Trust Fund to use as a pension rate stabilizing fund, and delegate authority for managing the Section 115 Trust Fund investments.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

20.

Purchase Order:  Physio-Control for 11 LUCAS 3.1 Cardiac Compression Systems 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Physio-Control in an amount not to exceed $250,000 for the purchase of 11 LUCAS 3.1 systems, accessories and warranties.  Physio-Control is the authorized distributor for this equipment related to pre-hospital management of patients in cardiac arrest.  
Financial Implications: See report 
Contact: David Brannigan, Fire, 981-3473

 

21.

Mental Health Services Act (MHSA) Innovations (INN) Technology Suite Project Plan 
From: City Manager 
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Innovations (INN) Technology Suite Project Plan, which proposes allocating $462,916 of INN funds over a three year period to be utilized for a new mental health technology pilot project that will be accessible to Berkeley and Albany residents through June 30, 2021, and sending the MHSA INN Draft Plan to the Mental Health Services Oversight and Accountability Commission (MHSOAC) for final State approval. 
Financial Implications: See report 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

22.

Reserving Up To $11M in Housing Trust Funds for the Berkeley Way Development 
From: City Manager 
Recommendation: Adopt a Resolution reserving up to $11M in Housing Trust Funds for the potential Berkeley Way development, contingent on the development’s securing full funding and any required land use approvals and permits in the next twenty-four months. 
Financial Implications: See report 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

23.

Contract No. 8460C Amendment:  NextGen Health Care Information Systems Inc. for Electronic Health Records 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8460C with NextGen Healthcare Information Systems, Inc., increasing the amount by $111,291, for a total amount not to exceed $702,327, and extending the term to September 30, 2010 through June 30, 2020.  
Financial Implications: General Fund - $111,291 
Contact: Savita Chaudhary, Information Technology, 981-6500

 

24.

Weekdays’ Lunchtime Closure of Ward Street Mid-block Between Sacramento Street and California Street 
From: City Manager 
Recommendation: Adopt a Resolution authorizing weekdays’ lunchtime closure of Ward Street mid-block between Sacramento Street and California Street between the hours of 11:30am to 1:30pm on school days in order to enhance safety of school children crossing between buildings of Longfellow Middle School.  
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, 981-6300

 

25.

Contract:  Downtown Streets Team Hand Sweeping, Graffiti Abatement, and Poster Removal Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Downtown Streets Team to provide supplemental hand sweeping, graffiti abatement, and poster removal services to support the City’s Clean City Division. Contract amount is not to exceed $645,304 for the two-year period from July 1, 2018 through June 30, 2020.  
Financial Implications: Zero Waste Fund - $645,304 
Contact: Phillip Harrington, Public Works, 981-6300

 

26.

Audit Report: Code Enforcement Resources Significantly Constrained and Improvements Needed in Case Management and Oversight 
From: Auditor 
Recommendation: We request that Council and the Agenda Committee agree to implement a resource analysis process and that Council request the City Manager report back by January 29, 2019, and annually thereafter, regarding the status of audit recommendations until reported fully implemented by the City Manager’s Office Code Enforcement Unit (CEU).  
Financial Implications: See report 
Contact: Ann-Marie Hogan, Auditor, 981-6750

 

27.

Credit Card Use Audit: Clearer Guidance Needed 
From: Auditor 
Recommendation: Request that the City Manager report back by May 1, 2019, and every six months thereafter, regarding the status of recommendations until reported fully implemented.  
Financial Implications: See report 
Contact: Ann-Marie Hogan, Auditor, 981-6750


 

Council Consent Items

 

28.

Fee Waivers for Berkeley Repertory Theatre Live/Work Artist Housing 
Supplemental materials (Supp 3)
From: Mayor Arreguin and Councilmembers Wengraf and Maio
 
Recommendation: Pursuant to Berkeley Municipal Code Section 22.20.070 Exemption/limit where applicant establishes inapplicability or unconstitutionality of general requirements, waive the following fees for the Berkeley Repertory Theatre Live/Work Artist Housing at 2009 Addison Street, totaling $570,000: 1. $485,000 In Lieu Fee for On-Site Parking: Artists and theater professionals residing in the building will work on site and be able to walk to the theater each day. Cars will not be brought with them for the season they are in residence, and ample bike parking is being provided. 2. $77,800 SOSIP Impact Fee: Commercial developers typically absorb this fee into residential rents, but because Berkeley Rep will be solely financially responsible for the rents of residents, this waiver is essential to keeping costs of the project down. 3. $5,400 Housing Impact Fee – Commercial: Similar to other impact fees, this waiver would act as additional relief to the project budget, and directly impacts the organization’s ability to finance its construction and annual debt service costs. This project will be providing rent free housing to artists, therefore the Housing Impact Fee should not be imposed. 4. $1,800 Childcare Impact Fee – Commercial: This building will not result in an increased demand for childcare. Resident artists and theater professionals will visit for a season and units will be built to house individuals only.  
Financial Implications: $570,000 (Waived fees) 
Contact: Jesse Arreguin, Mayor, 981-7100

 

29.

Budget Referral: $120,000 for Enhanced Lighting Along Ohlone Park in Key Areas 
From: Councilmembers Maio and Harrison 
Recommendation: Refer to the budget process $120,000 for the funding of enhanced lighting along Ohlone Park in key areas.  
Financial Implications: $120,000 
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

30.

Budget Referral: Funding a Pedestrian-Activated Crosswalk Across Gilman at Peralta
From: Councilmember Maio 
Recommendation: Refer to the budget process the funding of pedestrian-activated crosswalk across Gilman Street at Peralta Avenue.  
Financial Implications: $100,000 
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

31.

Consider the Homeless: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
From: Councilmembers Davila and Hahn 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $150 from Councilmember Cheryl Davila, to Consider The Homeless! (CTH), now a 501(c)(3) for their Matinee Movie “HOMELESS: The Story of America's Economic Refugees” from the internationally renowned writer and scholar, Dr. Samar Habib, a screening of the short film, “BESS - April 2018” and a Fundraiser June 30, 2018 with funds relinquished to the City's General Fund for the purpose from the discretionary Council Office Budgets of Councilmember Davila and any other Councilmembers who would like to contribute.  
Financial Implications: Councilmember's Discretionary Funds - $150 
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

32.

Amending the Coast Live Oak Ordinance to Allow the Removal of Trees that Substantially Interfere with Affordable Housing Projects 
Supplemental materials (Supp 2)
From: Councilmembers Hahn and Harrison, and Mayor Arreguin
 
Recommendation: Adopt first reading of an Ordinance amending Ordinance 6,321-NS to allow for the removal of Coast Live Oak trees from locations where they would substantially interfere with development projects that include 60% or more of their units at Below Market Rate affordability, and requiring replacement Coast Live Oak trees to be planted.  
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

33.

Women in the New Deal Conference October 5-6, 2018: Relinquishment of Council Office Budget Funds 
From: Councilmembers Wengraf, Hahn, Maio, and Droste 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per sponsoring Councilmember, including $250 from Councilmember Wengraf, for the “Women in the New Deal” Conference, to be held in Berkeley on October 5-6, 2018. The two day conference will celebrate women’s involvment in the New Deal. Designated funds should be relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budget of Councilmember Wengraf and all other Councilmembers who would like to contribute.  
Financial Implications: Councilmember's Discretionary Funds - $250 
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

 

34.

Reassessing Traffic Calming Policy 
From: Councilmembers Droste, Wengraf, Maio, and Harrison 
Recommendation: Refer to the Transportation Commission to re-evaluate the City’s qualifying criteria and ranking and prioritization process for traffic calming, by considering the following possibilities, among other changes that would promote safe residential streets and maximize the public health benefit of the traffic calming program: -Lowering the speed limit criteria to read “where the 85th percentile speed profile is greater than the speed limit” instead of ‘“greater than 5 mph over the speed limit.” -Taking alignment with the City’s bicycle and pedestrian plans into account.  
Financial Implications: See report 
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

35.

Russell St. Halloween Celebration: Relinquishment of Council Funds and Sponsorship 
From: Councilmember Droste 
Recommendation: Adopt a Resolution approving the expenditure of an amount up to $828 for the 2018 Russell St. Halloween Celebration with funds relinquished for this purpose from the discretionary Council Office Budget of Councilmember Droste and any other Councilmembers who would like to contribute. The Claremont Elmwood Neighborhood Association is the fiscal sponsor of the event.
Financial Implications: Councilmember's Discretionary Funds - $828 
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. 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 - Old Business

 

36.

 City Manager Referral; Preliminary steps towards the expansion of the GoBerkeley Transportation Program to Increase Parking Efficiency (Continued from May 29, 2018. Item contains revised material.) 
Revised materials (Supp 2)
From: Councilmember Worthington
 
Recommendation: City Manager Referral; Amendment to the City of Berkeley municipal code regulating off-street parking lots in order to facilitate the expansion of the GoBerkeley Transportation Program to allow private parking vendors to charge adjustable rates for parking spaces. 
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170


 

37.

City-Sponsored Emergency Preparedness Training and Emergency Preparedness Program (Continued from June 12, 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

 

38.

Budget Referral: Replace Berkeley City Limit Signs to Read “Welcome to Berkeley, LOVE LIFE! Sanctuary City and Ohlone Territory” (Continued from June 12, 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

 

Action Calendar - New Business

 

39.

  Urgency Ordinance to Authorize the Issuance of General Obligation Bonds for the Purpose of Financing Affordable Housing; BMC Chapter 7.64  
From: City Manager 
Recommendation: Adopt an Urgency Ordinance amending Chapter 7.64 of the Berkeley Municipal Code Title 7 (Finance, Revenue and Taxes) to authorize the City to issue general obligation bonds for the purpose of financing affordable housing in the City.  
Financial Implications: See report 
Contact: Farimah Brown, City Attorney, 981-6950

 

40.

FY 2019 Budget Adoption 
Supplemental materials (Supp 2)
Supplemental materials (Supp 3)
From: City Manager
 
Recommendation: Adopt a Resolution: 1. Adopting the FY 2019 Budget as contained in the City Manager’s FY 2019 Proposed Budget Update presented to Council on May 8, 2018 and as amended by subsequent Council action.  
2. Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2019, as reflected in in the report, and as amended by Council action.  
Financial Implications: See report 
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

41.

FY 2019 Annual Appropriations Ordinance 
Revised material (Supp 2)
From: City Manager
 
Recommendation: Adopt first reading of an Ordinance adopting the FY 2019 Annual Appropriations Ordinance (AAO) in the amount of $460,735,106 (gross appropriations) and $405,932,665 (net appropriations).  
Financial Implications: See report 
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

42.

Placing Charter Amendment Measure on the November 6, 2018 Ballot Related to Full-Time Status and Salaries for the Mayor and City Council 
Supplemental material (Supp 2)
From: City Manager
 
Recommendation:  
1. Adopt a Resolution submitting an Amendment to Article V of the City Charter regarding the full-time status and salaries for the Mayor and City Council to a vote of the electors at the November 6, 2018 General Municipal Election. 
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.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, 981-6900

 

43.

Placing a Measure on the November 6, 2018 Ballot to Increase the Transfer Tax on Property Sales to Fund Homeless Services 
Revised materials (Supp 1)
From: City Manager
 
Recommendation:  
1. Adopt a Resolution submitting a special tax ordinance measure on the November 6, 2018 general municipal ballot to increase the transfer tax from 1.5% to 2.5% on properties that sell for over $1 million to pay for homeless services, including shelter, rental subsidies, supportive services, and staffing to implement these programs. 
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. 
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, 981-6900

 

44.

Borrowing of Funds and the Sale and Issuance of FY 2019 Tax and Revenue Anticipation Notes 
From: City Manager 
Recommendation: Adopt a Resolution approving the borrowing of $14,000,000 and the sale and issuance of Fiscal Year 2019 Tax and Revenue Anticipation Notes.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

45.

Density Bonus Ordinance Revisions - Repeal Existing BMC Section 23C.12.050 (State of California Density Bonus Requirements) and Adopt New BMC Chapter 23C.14 (Density Bonus) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance amending the Zoning Ordinance to repeal obsolete Density Bonus regulations (Berkeley Municipal Code Section 23C.12.050: State of California Density Bonus Requirements) and adopt a new, standalone Density Bonus Chapter (Berkeley Municipal Code Chapter 23C.14) that complies with California State Government Code 65915–65918: Density Bonuses and Other Incentives.  
Financial Implications: None 
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

46.

HAC’s Recommendations Regarding U1 Revenues 
From: Housing Advisory Commission 
Recommendation: The Housing Advisory Commission (HAC) recommends that the City Council allocate $4 million of Measure U1 revenue as detailed in Table 1 in the report for FY2017/2018 and expend a similar amount for FY 2018/2019.  
Financial Implications: See report 
Contact: Amy Davidson, Commission Secretary, 981-5400


 

Council Action Items

 

47.

Budget Referral for Creation of a “Vehicle Dweller Park” in Berkeley 
From: Councilmembers Davila and Harrison, and Mayor Arreguin 
Recommendation: Direct the City Manager to develop a “vehicle dweller park”, similar to an RV park, for people living in their vehicles to stay without fear of harassment, displacement, fines or confiscation of their vehicles and with sanitation and social service support. The proposal includes: a. Identifying a location – an empty lot or parking lot – that is accessible for RVs and buses, livable and ideally where access to running water already exists. b. Providing access to showers and toilets. c. Providing access to running, drinkable water. d. Encouraging volunteer mechanics who want to help the homeless to provide free maintenance and repair of vehicles. e. Encouraging people who have RVs or trailers they are not using to donate them so that they can be used by people who are homeless. f. Charging a small permit fee per vehicle ($2-$5 per day/$60-$150 per month). g. Approach other cities to identify locations for additional vehicle dweller parks and the County for funds to support infrastructure and services needed. h. Estimating total costs to be considered in the budget process.  
Financial Implications: Unknown 
Contact: Cheryl Davila, Councilmember, District 2, 981-7120


 

48.

Support Stop Tariffs On Printers and Publishers (STOPP) and S.2835 - PRINT Act. Also, send letters in support to Senator Susan Collins, Senator Dianne Feinstein, Senator Kamala Harris, and Congresswoman Barbara Lee 
Revised material (Supp 2)
From: Councilmember Worthington
 
Recommendation: Support Stop Tariffs On Printers and Publishers (STOPP) and S.2835 - PRINT Act and Send a letter in Support to Senator Susan Collins, Senator Dianne Feinstein, Senator Kamala Harris, and Congresswoman Barbara Lee.  
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

Information Reports

 

49.

Voluntary Time Off Program for FY 2019 
From: City Manager 
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

50.

FY 2018 Third Quarter Investment Report: Ended March 31, 2018 
From: City Manager 
Contact: Henry Oyekanmi, Finance, 981-7300

 

51.

Measure GG Follow-up Audit Status Report 
From: City Manager 
Contact: David Brannigan, Fire, 981-3473

 

52.

Referral Response: Berkeley Deep Green Building Initiative 
From: City Manager 
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

53.

2018-2023 Human Welfare and Community Action Commission Work Plan 
From: Human Welfare and Community Action Commission 
Contact: Wing Wong, Commission Secretary, 981-5400


 

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.

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

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 14, 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 31: Consider the Homeless: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

  1. Barbara Brust

Item 40: FY 2019 Budget Adoption

  1. Evan McDonald

1900 Fourth Street / West Berkeley Shellmound

  1. Marie Venner
  2. Tom Lippe
  3. Wendy Weikel
  4. Judy Nakadegawa

Homelessness / Encampments

  1. David Lerman (2)
  2. Alice
  3. russbumper
  4. Osha Neumann
  5. Diana Bohn (3)
  6. Genevieve Wilson (2)
  7. Summer Brenner
  8. Berkeley Way Neighborhood Association
  9. Nina Orike

AB 2923 BART Zoning

  1. Blaine Merker
  2. Ying Lee

Department of Defense 1033 Program

  1. Police Review Commission

SEIU and Cost-Saving Considerations

  1. Rash B. Ghosh

Council Meeting Space

  1. Kelly Hammargren

Service Report Form

  1. W.B.C.

Request for Mediation Form

  1. W.B.C.

Berkeley Police Association

  1. russbumper

Urban Shield Participation

  1. Christine Schwartz
  2. LZ Lerman
  3. Starchild
  4. Judith Grether
  5. Jean Tepperman
  6. Holly Mines
  7. Bob Flasher
  8. Carolyn Scarr
  9. Tom Luce
  10. Lew Williams
  11. Cindy Shamban
  12. David Haupert
  13. Jody Sokolower

Berkeley Honda Concerns

  1. Thomas Ferrell

Harold Way Project

  1. Michael Fullerton

Redwood Gardens

  1. Peter Bruce DuMont

Sanctuary City Contracting Ordinance

  1. Peace and Justice Commission

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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