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General Information
General Information

Regular Meeting eAgenda
October 30, 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, October 30, 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.

     

Urgency Item: United Against Anti-Semitism 
Recommendation: Adopt a Resolution condemning anti-Semitism and the terrorist attack at the Tree of Life Synagogue. 
From: Mayor Arreguin, Councilmember Hahn and Councilmember Wengraf 
Action: Adopted Resolution No. 68,636-N.S. condemning anti-Semitism and the Tree of Life terrorist attack and send a copy of the resolution to the Pittsburgh Mayor and Council.

1.

Adopt a revised Group Living Accommodations (GLA) Ordinance (No. 7445-NS) as recommended by the City/UC/Student Relations (4x6) Committee 
From: Councilmembers Worthington, Harrison, Wengraf, and Droste 
Recommendation: Adopt second reading of Ordinance No. 7,631-N.S., which would respond to the housing crisis in Berkeley as well as promote fair and equal treatment of all residents. Specifically, we recommend amending BMC 13.42.040D, to delete language providing for the removal of bedrooms:  revising BMC 13.42.020 to include a definition of property manager, and also amending BMC 13.42.036C to ensure consistency with the Community Noise Ordinance.  
First Reading Vote: All Ayes 
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

2.

Adoption of Administrative Regulations Regarding Temporary Non-Commercial Objects on Sidewalks and Parklets, and Amending BMC Chapter 14.48 
From: Mayor Arreguin and Councilmembers Hahn and Maio 
Recommendation: Adopt second reading of Ordinance No. 7,632-N.S. amending BMC Chapter 14.48, “Miscellaneous Use of Streets and Sidewalks.” 
First Reading Vote: Ayes – Bartlett, Droste, Hahn, Harrison, Maio, Wengraf, Arreguin; Noes – None; Abstain – Davila; Absent – Worthington. 
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, 981-7100

 

3.

Minutes for Approval 
From: City Manager 
Recommendation: Approve the minutes for the Council meetings of September 13, 2018 (regular), September 20, 2018 (special closed), September 20, 2018 (special), September 24, 2018 (special closed), September 25, 2018 (special), and September 25, 2018 (regular).  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, 981-6900

 

4.

Contract No. 9712 Amendment: QuickCaption, Inc. for Real-Time Closed Captioning Stenography Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9712 with QuickCaption, Inc. for the provision of real-time closed captioning stenography services at all work sessions, regular and special meetings of the City Council and Successor Agency to the former Redevelopment Agency, increasing the contract by $120,000 for a total not to exceed amount of $201,900, and extending the contract to July 31, 2024.  
Financial Implications: General Fund - $120,000 
Contact: Mark Numainville, City Clerk, 981-6900

 

5.

Use Agreement: Berkeley Unified School District for Use of the Board Room at 1231 Addison Street and Associated Facilities for Official City Meetings 
From: City Manager 
Recommendation: Adopt a Resolution approving the use agreement between the City of Berkeley and Berkeley Unified School District for use of the Board Room at 1231 Addison Street, and associated facilities, on Tuesdays and Thursdays for official city meetings including the City Council, the Zoning Adjustments Board, and Rent Stabilization Board.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, 981-6900

 

6.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 30, 2018 
From: City Manager 
Recommendation: Approve the request for proposals or invitation for bids 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 - $240,000 
Contact: Henry Oyekanmi, Finance, 981-7300

 

7.

Mental Health Services Act (MHSA) Fiscal Year 2018-2019 (FY19) Annual Update 
From: City Manager 
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year 2018-2019 (FY19) Annual Update, which provides information on current and proposed uses of funds on mental health programming, and forwarding the MHSA FY19 Annual Update to appropriate state officials.  
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

8.

Mental Health Services Act (MHSA) Innovations (INN) Trauma Informed Care (TIC) Plan Update 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to approve the Mental Health Services Act (MHSA) Innovations (INN) Trauma Informed Care (TIC) Plan Update which proposes to change the target population from BUSD to Head Start, increase the funding amount by $266,134 for a total project amount not to exceed $446,134 through June 30, 2021, and to send the MHSA INN TIC Plan Update to the Mental Health Services Oversight and Accountability Commission (MHSOAC) for final State approval.  
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

9.

Contract Amendments: Mental Health Services Act Community Services and Supports, and Prevention and Early Intervention 
From: City Manager 
Recommendation: Adopt seven Resolutions authorizing the City Manager to execute amendments for the following contracts that are funded through Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI), and Community Services and Supports (CSS) increasing the contract amounts as outlined below, providing an advance payment, and extending the contracts through June 30, 2019: 
1. Increasing PEI Contract No. 8573H with Albany Unified School District (AUSD) by $64,192 for a total contract amount not to exceed $502,316 for services to Asian Pacific Islander, Latino, and African American youth; 
2. Increasing PEI Contract No. 8801G with Center for Independent Living (CIL) in the amount of $32,046 for a total contract amount not to exceed $224,538 for supports for senior citizens; 
3. Increasing PEI Contract No. 8560H with G.O.A.L.S. For Women, Inc. in the amount of $32,046 for a total amount not to exceed $251,058 to serve African American women and their families; 
4. Increasing PEI Contract No. 8516H with Pacific Center for Human Growth in the amount of $32,046 for a total contract amount not to exceed $251,058 to serve Lesbian, Gay, Bi-sexual, Transgender, Queer/Questioning, and Intersex (LGBTQI) individuals; 
5. Increasing PEI Contract No. 8606H with Covenant House California-YEAH! Program, in the amount of $32,046 for a total contract amount not to exceed $251,058 for support groups for Transition Age Youth (TAY); 
6. Increasing PEI Contract No. 8975F with Berkeley Unified School District (BUSD) in the amount of $55,000 for a total contract amount not to exceed $380,000 for elementary school youth; and 
7. Increasing CSS Contract No. 9553D with Covenant House California-YEAH! Program by $122,856 for a total contract amount not to exceed $632,430 for services for transition age youth.  
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

10.

Revenue Grant: U.S. Food and Drug Administration for Local Retail Food Safety Program 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept revenue grant awards from the U.S. Food and Drug Administration (FDA), administered through the Association of Food and Drug Officials (AFDO) Managed Retail Program Standards Grant Program, for continued work on a local Retail Food Safety Program plan, and execute any resultant revenue agreements and amendments. Revenue is projected for a total amount of $29,000 for Fiscal Year 2019.  
Financial Implications: $29,000 (grant) 
Contact: Kelly Wallace, Housing and Community Services, 981-5400

11.

Contract No. R10805 Amendment: Community Services Block Grant (CSBG) for January 2018 – May 2019 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Authorizing the City Manager or her designee to execute an amendment to Community Services Block Grant (CSBG) Contract Number R10805 (CSBG Agreement No.18F-5001) to increase the amount to $304,935 and extend the period to May 31, 2019; 2. Utilize additional program funds of $41,718 to provide rental assistance to formerly homeless clients participating in the City’s Shelter Plus Care program; and 3. Execute any resultant agreements and amendments to provide services for low-income people for the period January 1, 2018 to May 31, 2019.  
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

12.

Contract No. 7654A Amendment: Center for Organizational Effectiveness for Employee Training Programs 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract 7654A with Center for Organizational Effectiveness in order to provide continued services for employee training programs by increasing expenditure authority in an amount not to exceed $100,000, for a total contract amount of $690,000 and extending the contract to December 31, 2019.  
Financial Implications: Training Fund - $100,000 
Contact: LaTanya Bellow, Human Resources, 981-6800

 

13.

Contracts: Rolling Orange, Inc. for Website Redesign, Web Content Management System (CMS) and Support and Acquia Inc. for Website Hosting, Maintenance, and Hosting Support 
From: City Manager 
Recommendation: Adopt two Resolutions: 
1. Authorizing the City Manager to execute a contract and subsequent amendments with Rolling Orange for a website redesign and implementation, support, and related services of a web content management system (CMS) for the City website, for an amount not to exceed $487,300 from November 1, 2018 through October 31, 2021. 
2. Authorizing the City Manager to execute a contract and subsequent amendments with Acquia Inc. for website hosting, maintenance, and support for an amount not to exceed $144,000 from November 1, 2018 through October 31, 2021.  
Financial Implications: General Fund - $631,300 
Contact: Savita Chaudhary, Information Technology, 981-6500

 

14.

Contract: B Bros Construction, Inc. for San Pablo Park Restroom Renovation
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the San Pablo Park Restroom Renovation project, Specification No. 18-11210-C; and 2. Accepting the bid of the lowest responsive and responsible bidder, B Bros Construction, Inc.; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with B Bros Construction, Inc., for the San Pablo Park Restroom Renovation project at 2800 Park Street, Berkeley, CA 94702, in an amount not to exceed $461,295, which includes a contract amount of $384,413 and a 20% contingency in the amount of $76,882.  
Financial Implications: Parks Tax Fund - $461,295 
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

15.

Purchase Order: National Auto Fleet Group for Two Ford F-350 Stake Bed Trucks 
From: City Manager 
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase order for two model year 2019 Ford F-350 Stake Bed trucks with National Auto Fleet Group in an amount not to exceed $121,000.  
Financial Implications: Various Funds - $121,000 
Contact: Phillip Harrington, Public Works, 981-6300

 

16.

Purchase Order: National Auto Fleet Group for Three Chevrolet Tahoes 
From: City Manager 
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Sections 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase order for three model year 2019 Chevrolet Tahoes with National Auto Fleet Group in an amount not to exceed $181,000.  
Financial Implications: Equipment Replacement Fund - $181,000 
Contact: Phillip Harrington, Public Works, 981-6300

 

17.

Purchase Order: National Auto Fleet Group for Two Ford E-450 Passenger Buses 
From: City Manager 
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Sections 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase order for two model year Ford E-450 Passenger Buses with National Auto Fleet Group in an amount not to exceed $179,800.  
Financial Implications: Equipment Replacement Fund - $179,800 
Contact: Phillip Harrington, Public Works, 981-6300

 

18.

Renewal of the Elmwood Avenue BID for Calendar Year 2019 
From: Elmwood Advisory Board 
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council:  1) approve the Annual Report and preliminary budget for proposed improvements in the District for calendar year 2019; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2019 and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 27, 2018.  
Financial Implications: See report 
Contact: Kieron Slaughter, Commission Secretary, 981-7530

 

19.

Renewal of the Solano Avenue BID for Calendar Year 2019 
From: Solano Avenue BID Advisory Board 
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council:  1) approve the 2018 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2019; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2019; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 27, 2018.  
Financial Implications: See report 
Contact: Eleanor Hollander, Commission Secretary, 981-7530


 

Council Consent Items

 

20.

Proposed Portland Loo Installations in Telegraph Commercial District 
From: Mayor Arreguin and Councilmember Hahn 
Recommendation: Short-Term Referral to the City Manager to identify costs for the installation of a “Portland Loo” type of bathroom facility in Telegraph Commercial District. Costs should be comprehensive and include, but not be limited to: the facility, infrastructure, design, construction, oversight and any contingencies.  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, 981-7100

 

21.

Referral to the City Manager and Planning Commission: Update BMC Chapter 22.16 Development Agreement Procedures 
From: Mayor Arreguin, Councilmembers Hahn, Droste, and Harrison 
Recommendation: Refer to the City Manager and Planning Commission to review and update the Berkeley Municipal Code Chapter 22.16 Development Agreement Procedures to create a streamlined process that maximizes community benefits and conforms to State law.  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, 981-7100

 

 

 

22.

Clarifying Jurisdiction of Ohlone Greenway 
Revised materials (Supp 2)
From: Councilmembers Maio and Hahn
 
Recommendation: This item requests the City Council clarify that park policies extend to the Ohlone Greenway, and to communicate this to City staff for purposes of maintenance as well as rules and regulations.  
Financial Implications: Staff time 
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

23.

Budget Referral: Increasing Safety at San Pablo Park 
From: Councilmember Davila 
Recommendation: Refer to the FY19 (2018/2019) November 2018 AAO Budget Process for the following four items to improve safety at San Pablo Park in light of recent shootings and traffic incidents:  
1. Conduct a traffic safety assessment of the streets surrounding San Pablo Park: Identify measures that can be taken to reduce risk to pedestrians, pets, and bikers, particularly in light of the number of daycare providers that bring dozens of infants, toddlers and young children to the park daily.  
2. Extend the hours that the Frances Albrier Community Center is open: Open at 9:30am rather than 1pm to provide access to toilets, have a staff presence and provide a shelter option in case of an emergency situation.  
3. Re-initiate classes for daycare providers who use San Pablo Park out of the Frances Albrier Community Center: Historically, the City provided a variety of classes on safety and recreation for daycare providers who use San Pablo Park. This referral includes re-establishing a series of courses that daycare providers find useful based on gathering their input. One such course requested was sheltering in place in the situation of an active shooter.  
4. Develop, implement and coordinate drills for active shooter and other emergency protocol at San Pablo Park: Create protocol with input from community partners, then orient licensed daycare providers, coaches, trainers and program staff who operate out of the park, and conduct drills with City staff operating the Center and providers in order to prepare for emergencies and how to use the Center as a shelter during or following them.  
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

24.

Resolution in Opposition to Local Pesticide Preemption 
From: Councilmembers Harrison, Wengraf, Hahn, and Davila 
Recommendation: Adopt a Resolution opposing the local pesticide preemption clause in the upcoming federal Farm Bill and send it to Senators Feinstein and Harris. 
Financial Implications: None 
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

25.

Referring to City Manager to Draft an Ordinance Amending Berkeley Municipal Code Chapter 12.92 to Specify the Time Period after which Buildings Containing Vacant Commercial Units Meet a Condition of Unlawful Nuisance 
From: Councilmembers Harrison and Davila 
Recommendation: Refer City Manager to draft an ordinance amending Berkeley Municipal Code Chapter 12.92 to specify the time period after which buildings containing vacant commercial units meet a condition of unlawful nuisance.  
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

26.

Endorsement of the East Bay Regional Park District Measure FF on the November 2018 Ballot 
From: Councilmembers Worthington, Hahn, Wengraf, and Davila 
Recommendation: That the Council endorse Measure FF to support the East Bay Regional Park District in the November 2018 Ballot.  
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

27.

Referral to City Manager to address the conversion of Not Available To Rent rental units to unregistered short term rentals and unregistered medium term rentals from 15 to 30 days 
From: Councilmembers Worthington and Harrison 
Recommendation: Referral to City Manager to address the apparent conversion of Not Available To Rent rental units to unregistered Short Term Rentals and unregistered medium term rentals from 15 to 30 days.  Refer to Planning Department Permit Service Center, Code Enforcement, Finance Department, Rent Stabilization Board, and Host Compliance, to comprehensively review whether units that are not available for rent (NAR) are compliant with Rent Board Regulations, and short-term rental (STR) regulations.  
Financial Implications: See report 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

28.

Referral to the Civic Arts Commission to create interactive family-friendly art attractions 
From: Councilmember Worthington 
Recommendation: Recommend that the Council refer to the Civic Arts Commission to create interactive family-friendly art attractions in the City of Berkeley.  
Financial Implications: Unknown 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170


 

 

 

 

 

 

 

Action Calendar

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

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

     


 

29.

2018 Mid-Year Crime Report 
Supplemental materials (Supp 1)
Presentation
From: City Manager
 
Recommendation: Review and discuss the semi-annual report on crime statistics in Berkeley for January through June of 2018.  This report provides Council with accurate crime data with the intent of informing the discussion on current efforts to reduce crime and victimization in the City of Berkeley.  
Financial Implications: None 
Contact: Andrew Greenwood, Police, 981-5900

 

30.

Facilitation of the Installation of IKE Smart City Kiosks; Amending Chapters 20.16 and 16.18 of the Berkeley Municipal Code (continued from October 2, 2018) 
Revised materials (Supp 1)
Supplemental materials (Supp 2)
Supplemental materials (Supp 2)
Supplemental materials (Supp 3)
From: City Manager 
Recommendation:  
1. Adopt second reading of Ordinance No. 7,626-N.S. granting a franchise agreement with IKE Smart City, LLC and the City of Berkeley to operate wayfinding kiosks in Berkeley. 
2. Adopt second reading of Ordinance No. 7,627-N.S. 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.  
First Reading Vote: Ayes – Maio, Bartlett, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – Davila.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, 981-7530

 


 

 

 

 

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.

     

 

31.

 One-Way Car Share Pilot Program – Fee Changes (continued from May 29, 2018) 
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving an updated fee structure for the One-way Car Share Two-and-a-Half-Year Pilot Program for Fiscal Year 2019 that will increase residential parking permit fees by 20 percent and decrease parking meter deposits by 14 percent and amending Resolution No. 67,696-N.S.
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, 981-6300

 

32.

 One-Way Car Share – Mid-Pilot Program Report (continued from May 29, 2018) 
From: City Manager 
Contact: Phillip Harrington, Public Works, 981-6300

 

Council Action Items

 

33.

Referral to the Sugar-Sweetened Beverage Product Panel of Experts to draft ballot language to double the general tax and include diet beverages 
Revised materials (Supp 2)
From: Councilmembers Worthington and Davila
 
Recommendation: Recommend that the Council refer to the Sugar-Sweetened Beverage Product Panel of Experts to look into drafting ballot language to double the general tax on the distribution of sugar-sweetened beverage products and also include artificially-sweetened beverage products under the general tax.  
Financial Implications: Unknown 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170


 

34.

Referral to City Manager to look into establishing a Berkeley Fair Chance Ordinance, Banning the Box in Housing and Renting to Mitigate Discrimination Against Formerly Incarcerated People 
Revised materials (Supp 2)
From: Councilmembers Worthington and Davila
 
Recommendation: Referral to the City Manager to look into banning the box for housing and rental units (I.) Preclude housing providers from taking adverse actions against tenants who were formerly incarcerated (II.) Allow a tenant to submit a complaint to the proper City agency if a tenant suspects that their landlord has violated this ordinance (III.) Impose appropriate and proportionate penalties on housing providers that violate the ordinance.  
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

Referred Items

 

35.

 City Manager referral: Initiate a franchise agreement with FlixBus(Referred from Agenda Committee due to Significant Lack of Background or Supporting Information) 
Revised materials (Supp 2)
From: Councilmember Worthington
 
Recommendation: That the Council refer to the City Manager initiation of a franchise agreement with FlixBus, requiring a permit issued by the Director of Public Works, establishing a fee for the issuance of the permit, establishing administrative penalties for failure to obtain a permit or violation of permit requirements, and providing a procedure for the assessment and collection of administrative penalties for permit violations.  
Financial Implications: See report 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 


Information Reports

 

36.

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

 

37.

FY 2018-19 Commission on the Status of Women Work Plan 
From: Commission on the Status of Women 
Contact: Shallon Allen, Commission Secretary, 981-7071

 

38.

FY 2018-19 Peace and Justice Commission Work Plan 
From: Peace and Justice Commission 
Contact: Shallon Allen, Commission Secretary, 981-7071

 

39.

Police Review Commission Work Plan for 2018-2019 
From: Police Review Commission 
Contact: Katherine Lee, Commission Secretary, 981-4950

 

40.

League of California Cities 2018 Annual Conference Report 
From: Councilmember Hahn 
Contact: Sophie Hahn, Councilmember, District 5, 981-7150


 

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.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on October 18, 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 #35: City Manager referral: Initiate a franchise agreement with FlixBus


  1. Taynara Costa, on behalf of FlixBus

Illegal Tent Encampment – 63rd and MLK


  2 Winifred Guthikonda

Camping on our Streets

  1. Patricia George

 

Implementation of AB 2544

  1. Brandon Greene, on behalf of the East Bay Community Law Center

   

Gun Ordinance

  1. Jordan Meyer
  2. Jeff Bercovici

   

Hearst and Milvia Playground – A Hostile Environment

  1. Erik Dreher

   

Ban Plastic Bags

  1. Nancy Joachim

   

West Berkeley Ohlone Shellmound – For & Against

  1. Doug Norleen, on behalf of the Friends of the Earth U.S.
  2. Liz Exter

   

Berkeley’s Carbon Emissions from Electricity

  1. Tom Kelly

   

City Council Sound Check at Meetings

  1. Christine Schwartz

   

Fund Utility Undergrounding Manager

  1. Bill and Lori Pottinger
  2. Ann Healy
  3. Robin Candler
  4. Marilyn Margulius
  5. Ray Yep, on behalf of the Public Works Commission
  6. Paul Degenkolb
  7. Bob Flasher
  8. Judith and Burton Calder
  9. Diana Bohn
  10. Harriet Cohen
  11. Margaret Fouda
  12. Janet Huseby
  13. George Buffington
  14. Michael and Kristen Frantz
  15. Chris Lillevand Hendricks
  16. Erica Roberts
  17. Joshua Schnoll
  18. Gene Meyers
  19. Barbara Bibel
  20. Kim Marder
  21. Michael Lampton
  22. Patricia Kelly
  23. June Chatterjee

   

The Homeless

  1. Richard James
  2. Carol Denney

   

Oppose 5G

  1. Phoebe Sorgen
  2. Vivian Warkentin

   

Cannabis

  1. Ramon Garcia

   

RV Parking

  1. Carly Baker

   

Smoke Free Multifamily Housing

  1. Mike Uberti, on behalf of Housing Advisory Commission

   

Housing Quotas

  1. Thomas Lord

   

Secondhand Smoke

  1. Carol Denney

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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