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General Information
General Information

Special Meeting eAgenda
July 31, 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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REVISED PROCLAMATION

CALLING A SPECIAL MEETING OF THE

BERKELEY CITY COUNCIL

(REVISED TO ADD ITEM TO ACTION CALENDAR)

In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

 Tuesday, July 31, 2018

6:00 P.M.

COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY, BERKELEY, CA

TELECONFERENCE LOCATION - 1000 SUNRISE HWY, ROCKVILLE CENTER, NY

 

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

 
 

Preliminary Matters

Roll Call:

Public Comment - Limited to items on this agenda only

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.

 Revision to the 2018 City Council Meeting Schedule 
From: City Manager 
Recommendation: Adopt a Resolution revising the City Council regular meeting schedule for 2018, with starting times of 6:00 p.m. 
Financial Implications: None 
Contact: Mark Numainville, City Clerk, 981-6900

 

2.

Memorandum of Understanding: Berkeley Fire Fighters Association/I.A.F.F. Local 1227 
From: City Manager 
Recommendation: Adopt two Resolutions: 1) approving a new three (3) year Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (hereafter referred to as the “Association”) with a term of June 18, 2017 through June 27, 2020 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU; and 2) approving a new salary resolution for Representation Unit B to implement the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 67,209-N.S. 
Financial Implications: See report 
Contact: LaTanya Bellow, Human Resources, 981-6800

 

3.

 Memorandum of Understanding: Berkeley Police Association 
From: City Manager 
Recommendation: Adopt two Resolutions: 1) approving a new three (3) year Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Police Association (hereafter referred to as the “Association”) with a term of July 1, 2017 through June 30, 2020 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU; and 2) approving a new salary resolution for Representation Units E and F that implement the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 67,187-N.S. Also, authorize the City Manager to make non substantive edits to the format and language of the Memorandum of Understanding in alignment with Council Direction, the tentative agreement and conforming to legal requirements. 
Financial Implications: See report 
Contact: LaTanya Bellow, Human Resources, 981-6800


  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.

         

 

A.

 Urgency Ordinance to Authorize the City Manager to Issue Rules for Street Events without Permits 
From: City Manager 
Recommendation:  
Adopt an Urgency Ordinance adding a new Chapter 13.45 to the Berkeley Municipal Code Title 13 (Public Peace, Morals and Welfare) to authorize the City Manager to issue rules for unpermitted street events. 
Financial Implications: See report 
Contact: Farimah Brown, City Attorney, 981-6950

4.

Placing a General Obligation Bond Measure for Affordable Housing on the November 6, 2018 Ballot 
Supplemental materials (Supp 2)
From: City Manager 
Recommendation:  
1. Adopt a Resolution determining public interest and necessity for issuing a general obligation bond in the amount of $135 million to acquire, rehabilitate, preserve or construct  affordable housing, submitting to the Berkeley electorate on the November 6, 2018 ballot a measure to authorize a general obligation bond in that amount, and rescinding Resolutions Nos. 68,515-N.S. and 68,516-N.S.  
2. Determine whether to 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: Farimah Brown, City Attorney, 981-6950

 

5.

 Placing a Measure on the November 6, 2018 Ballot to Increase the Transfer Tax on Property Sales to Pay for General Municipal Services Including Funding Homeless Services (Continued from July 24, 2018.  Item contains revised and supplemental materials.) 
Supplemental materials (Supp 2) 
Supplemental materials (Supp 3)
 From: City Manager 
Recommendation:  
1. Adopt a Resolution submitting a general 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 general municipal services, including homeless services, including shelters, rental subsidies, and 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

 

6.

Placing a Measure on the November 6, 2018 Ballot Amending the Rent Ordinance—Berkeley Municipal Code Chapter 13.76 (Continued from July 24, 2018.  Item contains supplemental materials.) 
Supplemental materials (Supp 2) 
 
From: Rent Stabilization Board 
Recommendation:  
1. Select a timeframe between 12 and 15 years as the rolling period of exemption for newly constructed rental units. (Section 13.76.130.I) 
2. Adopt a Resolution placing the proposed amendments to the Rent Stabilization and Eviction for Good Cause Ordinance on the ballot of the November 6, 2018 General Municipal Election.  
3. 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: Jay Kelekian, Rent Stabilization Board, 981-7368

 

7.

Placing a Charter Amendment relating to the Police Review Commission on the November 6, 2018 Ballot (Continued from July 24, 2018. Item contains supplemental material.) 
From: Mayor Arreguin and Councilmember Davila 
Recommendation:  
1. Adopt a Resolution submitting a measure on the November 6, 2018 general municipal ballot to amend the City Charter to add Article XVIII, relating to the Police Review Commission, to establish an Independent Police Auditor. 
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: Jesse Arreguin, Mayor, 981-7100

 

8.

 Resolution creating a ballot measure which establishes a 50-cents per ride tax on Transportation Network Companies (Continued from July 24, 2018. Item contains revised material.) 
From: Councilmember Worthington 
Recommendation: City Council submit to the voters of the City, at the November 6, 2018 election, the ordinance and ballot measure set forth in this item. This ordinance proposes to adopt a tax of up to 50 cents per ride on passengers of Transportation Network Company (TNCS) trips originating in the City of Berkeley, if a majority of all qualified voters voting on the ballot measure vote in favor thereof.  
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

9.

Lobbyists Registration and Regulation Ordinance; Amendments to existing Revolving Door Ordinance (Continued from July 24, 2018. Item contains revised material.) 
Supplemental materials (Supp 2) 
 
From: Open Government Commission 
Recommendation: Adopt first reading of an ordinance requiring the registration of lobbyists and regulating lobbying activity in the City of Berkeley, and an amendment to the existing Revolving Door Ordinance.  
Financial Implications: Will require staff time to registrar and enforce the ordinance.  Registration fees and penalties may offset some costs. 
Contact: Jessica Mar, Commission Secretary, 981-6950

 

10.

Direction to the City Manager Regarding the Community Service In Lieu of Parking Penalties Program (Continued from July 24, 2018.) 
From: Councilmembers Bartlett, Davila, Harrison, and Hahn 
Recommendation: Direct the City Manager to amend the eligibility requirements of the Community Service In Lieu of Parking Penalties Program in order to allow all indigent individuals to be eligible to participate in the program (regardless of the registration status of a potential participant’s vehicle).   
Financial Implications: Staff time 
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

11.

Accessory Dwelling Unit Ordinance Updates (Continued from July 24, 2018. Item contains revised material.) 
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, and refer to the Disaster and Fire Safety Commission bullet point #5, relating to potential obstruction of emergency vehicles, and request that their recommendations be sent directly to the Planning Commission to inform the Planning Commission’s review and recommendations.  
Financial Implications: None 
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

12.

Ordinance Allowing Currently Permitted Non-Cannabis Nurseries in Specified Areas to Become Commercial Cannabis Retail Nurseries (Continued from July 24, 2018. Item contains supplemental material.) 
From: Councilmembers Worthington, Davila, and Harrison 
Recommendation: That the Council adopt an ordinance amending nursery zoning policies to allow medical and/or adult-use cannabis cultivation in the area bounded by University Avenue, San Pablo Avenue, Dwight Way, and Sixth Street specifically for currently permitted nursery-only cultivation sites, subject to compliance with state regulations.  
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

Adjournment 

I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.

  

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 26th day of July, 2018.

Jesse Arreguin, Mayor

Public Notice – this Proclamation serves as the official agenda for this meeting.

ATTEST:

  

Date:  July 26, 2018

Mark Numainville, City Clerk

  

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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 Berkeley 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.  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 at 981-6908 or clerk@cityofberkeley.info for further information. 

 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 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date. 

Please refrain from wearing scented products to this meeting.

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.

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.

  • None

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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