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General Information
General Information

Regular Meeting eAgenda
September 25, 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 

(Added Continued Items from July 24, 2018, and September 13, 2018) 

BERKELEY CITY COUNCIL MEETING 

Tuesday, September 25, 2018 

6:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

 Jesse Arreguin, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Sophie Hahn

District 2 – Cheryl Davila

District 6 – Susan Wengraf

District 3 – Ben Bartlett

District 7 – Kriss Worthington

District 4 – Kate Harrison

District 8 – Lori Droste

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected by lottery to address matters not on the Council agenda.  If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each.  If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  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.

     

 

Consent Calendar – Continued Business

 

A.

Cannabis Ordinance Revisions Related to Distributors and Small Cultivators; Amending BMC Titles 12, 23C, 23E, and 23F (Continued from September 13, 2018) 
From: City Manager 
Recommendation: Adopt the following changes to the Berkeley Municipal Code (BMC) to allow cannabis Distributors and small cannabis Cultivators (defined as having up to 10,000 square feet in area) to locate in Berkeley, to allow cannabis businesses to operate in a for-profit manner, and to maintain City authority to permit and inspect manufacturers of edible cannabis products: 
1. Adopt second reading of Ordinance No. 7,624-N.S. amending BMC Sections 12.23.020, 12.25.050, 12.25.090, 12.25.100, 12.27.070 and 12.27.090, and creating BMC Chapter 12.22; and 
2. Adopt second reading of Ordinance No. 7,625-N.S. amending the Zoning Ordinance Chapters BMC 23E.16, 23E.36, 23E.64, 23E.68, 23E.72, 23.76, 23E.80, 23E.84 and 23F.04, and creating BMC Chapter 23C.25.  
Financial Implications: See report 
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

Consent Calendar

 

1.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 25, 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: Parks Tax - $145,000
Contact: Henry Oyekanmi, Finance, 981-7300

 

2.

Fourth Amendment to the Emergency Medical Services First Responder Advanced Life Support Services Agreement with the County of Alameda 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a fourth amendment to the Emergency Medical Services First Responder Advanced life Support Services Agreement with the County of Alameda estimated to be in the amount of $76,000.
Financial Implications: See report
Contact: David Brannigan, Fire, 981-5508

 

 

3.

Grant: Alameda County Transportation Commission for Measures B and BB Paratransit Revenue 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to receive funds and execute any agreements and amendments with the Alameda County Transportation Commission (Alameda CTC) for the renewal of Measure B and Measure BB annual pass-through funds estimated to be in the amount of $600,667 for use during FY 2019, and execute resulting contracts for services with Easy Does It and Friendly Transportation. These funds are critical in supporting our Aging Services programs by meeting the transportation needs of seniors and people with disabilities in the Berkeley community.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

4.

Disposition of City-Owned, Former Redevelopment Agency Properties at 1631 Fifth Street and 1654 Fifth Street 
From: City Manager 
Recommendation: 
1. Adopt first reading of an Ordinance authorizing the sale of two City-owned, former Redevelopment Agency properties at 1631 Fifth Street and 1654 Fifth Street at market rate and deposit the proceeds in the City's Housing Trust Fund (HTF).
2. Direct the City Manager to issue a Request for Proposals to select a real estate broker to manage the sale.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

5.

  Contract No. 10577B Amendment: Dorothy Day House - FY19 Winter Shelter
From: City Manager 
Recommendation: Adopt a Resolution to add $200,000 to extend the operation of the Berkeley Emergency Storm Shelter (BESS) for a total Dorothy Day House contract amount not to exceed $639,648 through June 30, 2019.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

6.

Contract No. 9649 Amendment: Sloan Sakai Yeung & Wong LLP for Chief Labor Negotiations
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9649 in the amount of $70,000 with Sloan Sakai Yeung & Wong LLP for Chief Labor Negotiator services, for a total not to exceed $215,000.
Financial Implications: General Fund - $70,000
Contact: LaTanya Bellow, Director of Human Resources, 981-6806

 

7.

Donation:  Memorial Bench at the South Cove in memory of Eileen Liching Tang 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the South Cove at the Berkeley Marina in memory of Eileen Liching Tang.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

8.

Donation:  Memorial Bench at the South Cove in memory of Judith Scherr 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the South Cove at the Berkeley Marina in memory of Judith Scherr.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

9.

Contract No. 10397 Amendment: Nichols Consulting Engineers for On-Call Civil Engineering Services 
From: City Manager 
Recommendation: Adopt Resolution authorizing the City Manager to execute an amendment to Contract No. 10397 with Nichols Consulting Engineers for additional on-call civil engineering services by increasing the contract amount by $800,000 for a total not-to-exceed amount of $2,000,000, and extending the term through December 31, 2021.
Financial Implications: Measure T1 - Infra & Facilities Fund - $800,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

10.

Contract: Cadmus for Development of a Berkeley EV Roadmap 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions, or change orders with The Cadmus Group LLC (Cadmus) to develop a Berkeley Electric Vehicle (EV) Roadmap for an amount not to exceed $65,000 for the period October 1, 2018 through October 31, 2019.
Financial Implications: Various Funds - $65,000
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

11.

Contract No. 9786B Amendment: Karste Consulting, Inc. for Emergency Preparedness Services and Training 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9786B with Karste Consulting, Inc. for emergency preparedness services and training by increasing the amount by $100,000 for a total amount not to exceed $250,000 and to extending the term through June 30, 2021.
Financial Implications: Various Funds - $100,000
Contact: Phillip L. Harrington, Director, Department of Public Works, 981-6303

 

12.

Contract No. 9674B Amendment: Direct Line Tele Response for Citywide After-Hours Answering Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment for up to $132,750 to Contract No. 9674B with Direct Line Tele Response to provide continued customer service support after normal business hours, on weekends and holidays, for a total contract amount not to exceed $282,750, and extending the contract term through December 31, 2020.
Financial Implications: Various Funds - $132,750
Contact: Phillip Harrington, Public Works, 981-6300

 

13.

Final Map of Tract 9787: 2001 Fourth Street 
From: City Manager 
Recommendation: Adopt a Resolution approving the final map of Tract Map 9787, a hundred-fifty-four unit condominium project consisting of a hundred-fifty-two residential units and two commercial units, located at 2001 Fourth Street.
Financial Implications: None
Contact: Phillip Harrington, Public Works, 981-6300

 

14.

Final Map of Tract 8401: 1035-1043 Pardee Street 
From: City Manager 
Recommendation: Adopt a Resolution approving the final map of Tract Map 8401, a five-unit condominium project consisting of four residential units and one commercial unit, located at 1035-1043 Pardee Street.
Financial Implications: None
Contact: Phillip Harrington, Public Works, 981-6300

 

15.

Approval of Berkeley Strategic Transportation Plan Addendum 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving the Berkeley Strategic Transportation Plan Addendum. 2. Authorizing the City Manager to submit the remaining unfunded and partially funded Five-Year Priority Projects from the Berkeley Strategic Transportation Plan Addendum to the Alameda County Transportation Commission for inclusion and funding in the County's Fiscal Year (FY) 2020 - FY 2024 Comprehensive Investment Plan. 3. Authorizing the City Manager to execute agreements as needed for accepting the awarded grant funds.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300


 

16.

Zero Emission Vehicle Requirements for City Fleet 
From: Community Environmental Advisory Commission 
Recommendation: Refer to the City Manager the finalization of a policy which would require all new purchases of light-duty passenger vehicles to be electric vehicles or plug-in hybrids, and require the City-owned light-duty passenger vehicle fleet to be 100% electric vehicles or plug-in hybrids by the mid-2020s. This policy would be based on the City & County of San Francisco's zero-emission light-duty passenger vehicle policy, and the report to Council should identify any additional costs associated with electric vehicles or plug-in hybrids, potentially accelerated fleet turnover, and necessary charging infrastructure on City lots.
Financial Implications: See report
Contact: Viviana Garcia, Commission Secretary, 981-7460

 

Council Consent Items

 

 

17.

Farmers' Markets Investments 
From: Councilmembers Maio, Harrison, Hahn, and Mayor Arreguin 
Recommendation: Refer to the City Manager to initiate improvements and changes to support the Berkeley Farmers' Markets that would address growing public safety and access concerns while enhancing the shopping experience and benefit the markets.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

18.

Proclamation in support of 50th Anniversary of Indigenous Occupation of Alcatraz Canoe Journey 
From: Councilmembers Davila, Harrison, and Bartlett 
Recommendation: Adopt a Proclamation in support of the Alcatraz Canoe Journey scheduled for summer 2019 to mark the 50th Anniversary of the 1969 Indigenous Occupation of Alcatraz, requiring the City of Berkeley to undertake planning with the Alcatraz Canoe Journey committee in the year leading up to the canoe journey.
Financial Implications: None
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

19.

Community-Based Disaster Preparedness Fair: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmembers Davila, Harrison, and Bartlett 
Recommendation: Adopt a resolution to approve the expenditure of an amount not to exceed $250 per Councilmember, including $250 from Councilmembers Cheryl Davila, Kate Harrison and Ben Bartlett to the Berkeley Disaster Preparedness Neighborhood Network for their Community-based Disaster Preparedness Fair on October 20, 2018, with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Davila and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $250
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

20.

Refer to the Commission on Disability to examine the impacts that the parking citation system may have on persons with low income and disabilities 
From: Councilmembers Bartlett and Davila 
Recommendation: Refer to the Commission on Disability to examine the impacts that the parking citation system may have on people with low income and disabilities.
Financial Implications: Unknown
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

21.

Resolution in Support of State Propositions 1 and 2 
From: Councilmembers Harrison, Hahn, and Bartlett 
Recommendation: Adopt a Resolution Supporting State Proposition 1, the Veterans and Affordable Housing Bond Act, and Proposition 2, the No Place Like Home Act.
Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

22.

Safe Storage of Firearms Ordinance 
 Revised materials (Supp 2)
From: Councilmembers Wengraf and Hahn 
Recommendation: Refer to the City Manager to review draft Safe Storage of Firearms ordinance, identify and resolve issues, and return to Council within 90 days.
Financial Implications: Minimal
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

 

23.

Support for AB-2342, Breast and Ovarian Cancer Susceptibility Screening 
From: Councilmembers Wengraf, Hahn, Harrison, and Bartlett 
Recommendation: Send a letter in support of AB-2342 (Burke and Waldron), which requires health care service plans, health insurers, and the Department of Health Care Services (DHCS) to provide coverage for breast and ovarian cancer susceptibility screening as recommended by the United States Preventative Services Task Force.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

 

24.

Letter Opposing Telecommunications Act Forbearance 
From: Councilmember Worthington 
Recommendation: That the City Council send a letter to the Federal Communications Commission opposing the US Telecom Association forbearance petition.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

25.

Traffic Circle Vegetation Maintenance Policy 
From: Councilmembers Droste, Bartlett, Davila, and Mayor Arreguin 
Recommendation: Refer to Parks and Waterfront Commission and the Transportation Commission to establish a city/community task force to: a) Evaluate the City's current traffic circle vegetation policy and b) Conduct a community led process to update that policy to ensure pedestrian/bicycle/vehicle safety and preserve community efforts to beautify traffic circles.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

26.

Refer to the City Manager UC Berkeley Game Day Parking Restrictions and Fines in RPP Surrounding Campus
From: Councilmembers Droste, Wengraf, and Mayor Arreguin 
Recommendation: Refer to the City Manager to adopt a Resolution: 1) Modifying RPP zones A, B, and D on posted University of California football game days to prohibit parking without a valid Residential Preferential Parking permit; 2) Modifying RPP zones F, G (which do not have RPP on Saturdays) to include RPP enforcement and prohibit parking without a valid RPP permit on posted University of California football game days. (No RPP on Saturdays except game days) 3) Establishing a new Parking Fine Schedule including increased parking fines of $300 per violation of BMC 14.40.090 in Residential Preferential Parking zones A, B, D, F G on posted University of California football game days; 4) Replacing existing RPP signs in zones A, B, D, F, and G with new signs clearly indicating the University of California football game day parking prohibitions and listing the dates on the sign of University of California football game days; and 5) Assessing the modified University of California Football Game Day Parking Fine program within three years of implementation and recommend to Council whether to continue or modify the program; and rescinding Resolution 63,800- N.S.
Financial Implications: Staff time and signage. Increased revenue from parking tickets on game days.
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 Action Calendar to Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period my speak again at the time the matter is taken up during 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.

     

 

27.

Facilitation of the Installation of IKE Smart City Kiosks; Amending Chapters 20.16 and 16.18 of the Berkeley Municipal Code 
 Revised materials (Supp 2)
Revised materials (Supp 3)
Presentation
From: City Manager 
Recommendation: 
1. Pursuant to Berkeley Municipal Code Chapter 9.60, conduct a public hearing and upon conclusion, adopt a first reading of an Ordinance granting a franchise agreement with IKE Smart City, LLC and the City of Berkeley to operate wayfinding kiosks in Berkeley.
2. Adopt a first reading of an Ordinance amending Section 20.16.090 of the Berkeley Municipal Code (the Sign Ordinance) to exempt wayfinding kiosks placed in the City pursuant to a contract between the City and Visit Berkeley (formerly the Convention & Visitors Bureau); and amending Section 16.18.040 of the Berkeley Municipal Code (the Encroachment Ordinance) to exempt wayfinding kiosks installed pursuant to a contract between Visit Berkeley and the City of Berkeley, provided they are installed and maintained in conformance with the requirements of the City Engineer.
Financial Implications: See report
Contact: Jordan Klein, Economic Development, 981-7530

Action Calendar – Continued Business

B.

Lobbyists Registration and Regulation Ordinance; Amendments to Existing Revolving Door Ordinance (Continued from September 13, 2018. Item contains revised and supplemental materials.) 
Revised materials (Supp 1)
Revised 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: See report 
Contact: Jessica Mar, Commission Secretary, 981-6950

 

Ca.

Proposed Vehicle Encampment (Continued from September 13, 2018) 
From: Homeless Commission 
Recommendation: Direct staff to identify a location for a vehicle encampment to house up to thirty vehicles.  
Financial Implications: See report 
Contact: Peter Radu, Commission Secretary, 981-5400

 

Cb.

Companion Report: Homeless Commission’s Proposed Vehicle Encampment Report (Continued from September 13, 2018) 
From: City Manager 
Recommendation: Take no action on the Homeless Commission’s recommendation and instead allow the development of a vehicular campsite to proceed as discussed at the June 26, 2018 Council meeting.  
Financial Implications: None 
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

D.

 City of Berkeley Policy Limiting the Publishing of Arrest Photos (doxing) of people arrested by the Berkeley Police Department (Continued from September 13, 2018. Item contains revised materials.) 
Supplemental materials (Supp 1)
Supplemental materials (Supp 2)
From: Councilmembers Davila, Harrison, and Mayor Arreguin
 
Recommendation: That the Council direct the City Manager to develop an ordinance that: 
The Berkeley Police Department (BPD) shall not publicly post on social media, including but not limited to FaceBook, Instagram, Twitter, etc., the arrest photos of individuals arrested, unless they pose an immediate threat to the public safety of the Berkeley community (e.g. persons wanted for serial rape, homicide, or felony assault).
Furthermore, it is recommended that the City of Berkeley resist PRA requests for arrest photos and identifying information on individuals that have been arrested when doing so poses a risk to their safety as a result of threats against them and when doing so provide no public safety value.
Financial Implications:
Unknown
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

 

E.

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) (Continued from July 24, 2018) 
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

 

 

F.

Welcome to Berkeley Signage (Continued from July 24, 2018) 
From: Transportation Commission 
Contact: Farid Javandel, Commission Secretary, 981-6300

 

 

G.

 Adopt an Ordinance to amend BMC Chapter 3.80 allow Mayor and City Council employees serve as Commissioner (Continued from July 24, 2018. Item contains revised material) 
From: Councilmember Worthington 
Recommendation: Adopt revisions to Chapter 3.80 in Berkeley Municipal Code (BMC) concerning Membership On Boards And Commissions to allow Mayor and City Council employees to serve as a Commissioner by repealing section 3.80.030.  
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 



Action Calendar – Old Business

28.

Emergency Standby Officers for the Mayor and Councilmembers (Continued from July 24, 2018)
From: City Manager
 
Recommendation: Adopt a Resolution confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 68,454-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900


 

Action Calendar - New Business

 

 

29.

Recycling Markets Update 
Presentation
From: City Manager
 
Recommendation: Review the impacts of global market conditions on Berkeley's recycling program and consider possible program changes to ensure the continued economic viability of recycling in Berkeley. Possible actions could include the adoption of new waste reduction policies or programs, modifications to the City's curbside recycling program accepted materials, and adjustments to collection rates.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

30.

Managing RV Parking Via Permit Process 
From: Councilmembers Maio, Hahn, and Mayor Arreguin 
Recommendation: Refer to the City Manager to look into how other cities use permitting to manage RV parking and suggest a permit process that Council can consider to enable RV parking but place some sensible limits.
Financial Implications: Staff time for education and enforcement
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

31a.

Ban on Receipts Made with Bisphenol A (BPA), Bisphenol S (BPS) Bisphenol F (BPF) and Other Phenols 
Supplemental materials (Supp 1)
From: Community Health Commission 
Recommendation: Adopt a Resolution and pass the first reading of an Ordinance adding Berkeley Municipal Code Chapter 11.74 to ban the manufacture, distribution, sale, or use of receipt paper that contains Bisphenol A (BPA) or other phenols within the City of Berkeley by January 1, 2020.
Financial Implications: Staff time
Contact: Roberto Terrones, Commission Secretary, 981-5400

 

31b.

Companion Report: Ban on Receipts Made with Bisphenol A (BPA) and Other Phenols 
From: City Manager 
Recommendation: Take no action on the Community Health Commission recommendation to adopt an ordinance to ban the use of thermal paper by 2020 and instead implement a community education effort about methods for reducing exposure to BPA-treated thermal paper.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

32a.

Affordable Housing and Temporary Housing Proposals for City-owned 1281 University Avenue Parcel 
From: Housing Advisory Commission 
Recommendation: 
1. Select Resources for Community Development's proposal to develop 1281 University Avenue, with reservations regarding the proposal's financial feasibility (especially in regards to its reliance on project-based Section 8), reliance on tax credits leveraged in combination with other RCD projects, RCD's past performance, the level of homeless provided services on site, detail available about the service plan, and proposed reduction of open-space.
2. Direct the City Manager to provide the site as a temporary use for short term housing while a viable long term project is determined.
Financial Implications: See report
Contact: Amy Davidson, Commission Secretary, 981-5400

 

32b.

Companion Report: Affordable Housing and Temporary Housing Proposals for City-owned 1281 University Avenue Parcel 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and enter into a Memorandum of Understanding (MOU) with Resources for Community Development (RCD) regarding the proposed development of the City-owned parcel at 1281 University Avenue as affordable housing for the homeless.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

33a.

Small Sites Loan Program Recommendations 
Supplemental materials (Supp 1)
From: Housing Advisory Commission 
Recommendation: To proceed immediately with a one-time small sites pilot program, not to exceed $1 million, City Council should:
1. Waive certain sections of the Housing Trust Fund (HTF) Guidelines for a Notice of Funds Available (NOFA) for small site housing acquisition and rehabilitation projects;
2. Adopt certain eligibility and loan criteria to be used in conjunction with the NOFA; and
3. Adopt an amendment to the City's procurement policy to allow the City Manager to approve loans in excess of $50,000 resulting from the NOFA (rather than requiring Council approval).
4. Request that the Council and Housing Advisory Commission receive copies of small sites loan applications along with staff's corresponding analysis and decision.
5. Review the limitations of a one-time small sites pilot program as described within this memo.
6. Refer further consideration of a long-term small sites program to the City Manager and the Housing Advisory Commission.
7. Refer the small sites program to the November budget update and next biannual budget planning cycle in 2019.
Financial Implications: See report
Contact: Amy Davidson, Commission Secretary, 981-5400

 

33b.

Companion Report and Referral Response: Creation of a Small Sites Program 
From: City Manager 
Recommendation:
1. Adopt a Resolution authorizing the creation of a small sites housing acquisition loan program (Small Sites Program) based on San Francisco's program by: A. Establishing certain eligibility and loan criteria to be used in conjunction with the Notice of Funding Availability (NOFA); and B. Waiving certain sections of the Housing Trust Fund (HTF) Guidelines for a Notice of Funds Available (NOFA) for small site housing acquisition and rehabilitation projects; and C. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this program.
2. Adopt first reading of an Ordinance amending the City's procurement policy in BMC Chapter 7.18 to allow the City Manager to approve loans in excess of $50,000 resulting from the NOFA (rather than requiring Council approval); and
3. Direct the City Manager to issue a Notice of Funding Availability (NOFA) for the purpose of awarding funds under the Small Sites Program.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400



 

Information Reports

 

34.

City Council Short Term Referral Process - Monthly Update 
From: City Manager 
Contact: Mark Numainville, City Clerk, 981-6900

 

35.

Audit Status Report Response: Written Guidance and Improved Monitoring Can Help Prevent Unnecessary Overtime at the Animal Shelter and Help Manage Citywide Comp Time at the Animal Shelter from January 1, 2018 - August 31, 2018
From: City Manager 
Contact: Paul Buddenhagen, City Manager's Office, 981-7000

 

36.

Referral Response: Move Out Initiatives in Partnership with UC Berkeley 
From: City Manager 
Contact: Paul Buddenhagen, City Manager's Office, 981-7000

 

37.

Audit Status Report: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity 
From: City Manager 
Contact: Phillip Harrington, Public Works, 981-6300

 

38.

Audit Status Report -- Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress towards the Year 2020 Zero Waste Goal 
From: City Manager 
Contact: Phillip Harrington, Public Works, 981-6300

 

39.

Commission on Labor 2018-2019 Work Plan 
From: Commission on Labor 
Contact: Delfina Geiken, Commission Secretary, 981-5400

 

40.

Annual Report - Open Government Commission 
From: Open Government Commission 
Contact: Jessica Mar, Commission Secretary, 981-6950



 

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 September 20, 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.

Protest of August 5th 

1.         Paul Janosik

Permanent shelter for 90 homeless in Veterans’ Building

2.         Julie Guifoy and Patrick Morrow

3.         Robin McDonnell

4.         Susan Church

5.         Josh Maddox & Kathi Pugh

6.         Ian Fraser

7.         Suzzane Fraser

8.         Erica Etelson

9.         Ben Buettner and Carly Strouse

10.       Jack and Lorranie Scanlin

11.       Frances Wilson

Bartlett Traffic Stop 

12.       Jessica Behrman

13.       Eric Friedman (2)

14.       Dan McDunn

15.       Dr. Stephen LaMond

16.       Joseph Kellner

17.       Shirley Kirsten

18.       Robert Gable

19.       Carly Baker

20.       Jefferson Douglas

21.       Roger Hallsten

West Berkeley Shellmound/1900 Fourth Street

22.       Corrina Gould, on behalf of Indian People Organizing for Change

23.       Diana Bohn

24.       Kelly Hammargren

Removal of Flyers in the Downtown 

25.       Carol Denny

Cell Phone Right to Know Ordinance 

26.       Phoebe Sorgen

27.       Kelly Hammargren

28.       Soula and Roy Culver

29.       Benita Smith

Single-use Foodware 

30.       Heidi Obermeit

31.       Susan Schwartz, on behalf of Friends of Five Creeks

32.       Kelly Hammargren

Here/There Encampments 

33.       Colleen McCann

34.       Eric McCann

1524 University 

35.       William B. Caldeira (2)

2701 Shattuck at ZAB 

36.       Diego Aguilar-Canabal

Utility Undergrounding

37.       Marvin Snow, on behalf of Berkeley Citizens for Utility Undergrounding

Homeless Encampment at Old City Hall 

38.       Carol Denney

Improving Scheduling of Trash Pickup and Street Cleaning 

39.       Veronika Fukson

Redwood Gardens Steam-pipe effluent 

40.       Peter Bruce DuMont, on behalf of StarAlliance

 

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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