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General Information
General Information

Regular Meeting eAgenda
October 29, 2019
                                                                                                          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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AGENDA 

BERKELEY CITY COUNCIL MEETING 

Tuesday, October 29, 2019 

6:00 P.M.

 SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

 Jesse Arreguin, Mayor

Councilmembers:

District 1 – Rashi Kesarwani

District 5 – Sophie Hahn

District 2 – Cheryl Davila

District 6 – Susan Wengraf

District 3 – Ben Bartlett

District 7 – Rigel Robinson

District 4 – Kate Harrison

District 8 – Lori Droste

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

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

Preliminary Matters

Roll Call:

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

  1. Recognition of Joy’s Clothing
  2. Recognition of Carlos Baron
  3. Recognition of Domestic Violence Awareness Month

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.


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.

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

Urgency Item: Resolution Ratifying and Terminating the Proclamation of Emergency by the Director of Emergency Services Due to PG&E Public Safety Power Shutoff 
From: City Manager
Recommendation:
 Adopt a Resolution Ratifying and Termination the Proclamation of Emergency by the Director of Emergency Services due to the PG&E Public Safety Power Shutoff on October 25, 2019.

1.

Adopt an Ordinance Amending Berkeley Municipal Code Chapter 2.99 to Prohibit City Use of Face Recognition Technology (Reviewed by the Public Safety Committee) 
From: Councilmembers Harrison, Davila, Bartlett, and Hahn 
Recommendation: Adopt second reading of Ordinance No. 7,676-N.S.
amending Berkeley Municipal Code Chapter 2.99 to prohibit the City from acquiring, retaining, requesting, accessing, or using: (1) any face recognition technology, or (2) any information obtained from face recognition technology. 
 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

2.

Ban Racial, Ethnic, Cultural, and Religious Discrimination on the Basis of Hairstyle or Headwear (Reviewed by the Health, Life Enrichment, Equity & Community Committee) 
From: Councilmembers Robinson, Davila, Bartlett, and Hahn 
Recommendation: Adopt second reading of Ordinance No. 7,677-N.S. adopting a new Section of the Berkeley Municipal Code: Chapter 13.23 DISCRIMINATION ON THE BASIS OF HAIRSTYLE OR HEADWEAR IN EMPLOYMENT, HOUSING, AND PUBLIC ACCOMMODATIONS, prohibiting grooming or appearance policies which target natural or traditional hair, hairstyles, or headwear, and refer to the City Manager to consider the operational requirements of enforcement of the ordinance, including what effective and appropriate enforcement would entail or what amendments to the Chapter would be necessary to perform such enforcement.  
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

3.

Minutes for Approval 
From: City Manager 
Recommendation: Approve the minutes for the Council meetings of September 3, 2019 (special closed), September 10, 2019 (special closed and regular), September 17, 2019 (special closed and special) and September 24, 2019 (special closed and regular).  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

4.

City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee) 
From: City Manager 
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to integrate the previously adopted regulations for policy committees and make associated changes to other sections; update outdated references and practices; conform to the Open Government Ordinance; make other technical corrections; and rescinding any preceding amendatory resolutions.  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

5.

Revised Conflict of Interest Code 
From: City Manager 
Recommendation: Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 68,201–N.S.  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

6.

Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Berkeley Convention and Visitors’ Bureau, d.b.a. Visit Berkeley, not to exceed $7,966,000 of Berkeley Tourism Business Improvement District (BTBID) funds to support tourism marketing and promotion for the period through June 30, 2027.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

 

7.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 29, 2019 
Revised Material (Supp 1)
From: City Manager
 
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval. 
Financial Implications: Various Funds - $160,000 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

8.

Recommendation and Contract: Management Partners for Management Consultancy Services (Reviewed by the Agenda & Rules Committee) 
From: City Manager 
Recommendation: Adopt a Resolution accepting the recommendation of the City Council Agenda & Rules Committee authorizing the City Manager or her designee to execute a contract and any amendments or extensions with Management Partners in an amount not to exceed $45,500 for the period from November 12, 2019 through July 31, 2021 to provide management consultancy services to the City Council of the City of Berkeley to conduct a performance evaluation of the City Manager.  
Financial Implications: General Fund - $45,500 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

9.

Contract No. 103580-1 (9821) Amendment: First Alarm Security & Patrol, Inc., dba First Security Services for Citywide Security Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to increase the not-to-exceed value of Contract No. 103580-1 (9821) by $300,000, from $2,784,798 to $3,084,798 to fund continued services through the contract expiration date of February 29, 2020. The $300,000 additional spending authority provides the City with the necessary funding to finalize the on-going RFP #19-11316-C (Re-issued) for Citywide Unarmed Security Guard Services.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

 

10.

Contract No. 10874B Amendment: Street Level Advisors for Zoning and Development Fee Feasibility Analyses 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10874B with Street Level Advisors, to analyze the impact of fees and other variables on development project feasibility, increasing the contract amount by $150,000 to a new total not-to-exceed contract amount of $225,400 and extending the contract period to December 31, 2022.  
Financial Implications: Permit Service Center Fund - $150,000 
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

 

11.

Contract No. 10742 Amendment:  Redwood Toxicology Services for Drug and Alcohol Testing 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10742 and any necessary future amendments with Redwood Toxicology Services for drug and alcohol testing for the Police Department, increasing the amount by $200,000 for a total not to exceed amount of $250,000 subject to the City’s annual budget appropriation process.  
Financial Implications: General Fund - $200,000 
Contact: Andrew Greenwood, Police, (510) 981-5900

 

12.

Approval of One Additional Meeting for Children, Youth, and Recreation Commission in Calendar Year 2019 
From: Children, Youth, and Recreation Commission 
Recommendation: Adopt a Resolution approving one additional meeting for the Children, Youth, and Recreation Commission in calendar year 2019.  
Financial Implications: Minimal 
Contact: Stephanie Chu, Commission Secretary, (510) 981-6700

 

13.

Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees 
Supplemental Material (Supp 2)
Presentation
From: Auditor
 
Recommendation: We recommend City Council request that the City Manager report back by April 28, 2020, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Human Resources Department. They have agreed to our findings and five of our recommendations. Please see our report for their complete response.  
Financial Implications: See report 
Contact: Jenny Wong, Auditor, (510) 981-6750

 

Council Consent Items

14.

Budget Referral: Berkeley Age-Friendly Continuum 
From: Mayor Arreguin and Councilmember Bartlett 
Recommendation: Refer to the mid-year budget process $20,000 for the Berkeley Age-Friendly Continuum.  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

15.

Extension of the Joint Subcommittee for the Implementation of State Housing Laws 
From: Mayor Arreguin and Councilmember Harrison
Recommendation: Adopt a Resolution extending the Joint Subcommittee for the Implementation of State Housing Laws (JSISHL) to complete its work by July 2020, with Joint Subcommittee providing its recommendations to Council by the end of September 2020.  
Financial Implications: Staff time 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

16.

Budget Referral: Funding Illegal Dumping Component of “Clean & Livable Commons Initiative” 
From: Councilmembers Kesarwani and Harrison, and Mayor Arreguin 
Recommendation: Refer to the November budget process consideration for providing $200,000 to fund a key component of the “Clean & Livable Commons Initiative” unanimously passed by the City Council on February 28, 2019 to:  -Add lighting, cameras and signs at strategic locations in Berkeley to help deter illegal dumping; and -Explore increasing the penalties for illegal dumping.  
Financial Implications: See report 
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

 

17.

Referral to the Civic Arts Commission to develop a grant program available for arts and cultural organizations to support retaining and improving creative spaces for artists 
From: Councilmembers Kesarwani, Droste, Wengraf, and Hahn 
Recommendation: Referral to the Civic Arts Commission to prioritize within their current Work Plan creating a process for awarding competitive grants to Berkeley-based arts and cultural organizations that will help support their ability to stay in Berkeley.  
Financial Implications: Staff time 
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

 

18.

Information on the City’s Existing Code Enforcement Practices for Residential Properties 
From: Councilmember Kesarwani 
Recommendation: Request the City Manager provide a brief report or presentation on the City’s code enforcement practices for residential properties for the purposes of educating the City Council and the public on current practice. The requested information may include: -Reporting on the various ways in which code enforcement issues have been brought to the attention of the City over the last five years (i.e., neighbor complaint, 911 call to the property, etc.); -How various code enforcement issues at residential properties are currently handled (i.e., which City departments and which type of staff are involved, what they do, etc.); -Timeframe and mechanisms for achieving code compliance at residential properties; -Any existing assistance programs available to support property owners found to have code violations, such as financial assistance, mental health services, technical advice, etc.; -Specific learnings/change in City practices resulting from the Leonard Powell receivership case; -Other information deemed relevant and appropriate to understand the City’s current code enforcement practices for resident properties.  
Financial Implications: Staff time 
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

 

19.

Consider The Homeless Films, Food & Discussion Event on November 5, 2019: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
From: Councilmembers Davila and Bartlett 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Councilmember Cheryl Davila, to support the Consider The Homeless “Films, Food & Discussion” Event on November 5, 2019, with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Davila, the Mayor and any other Councilmembers who would like to contribute.  
Financial Implications: Councilmember's Discretionary Funds - $250 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

20.

Letter in Support of HR 1595: Secure And Fair Enforcement Banking Act of 2019 
From: Councilmembers Davila and Harrison 
Recommendation: Send a Letter to Congresswoman Barbara Lee in Support of HR 1595: Secure And Fair Enforcement Banking Act of 2019, and direct the city clerk or designee to send a letter to our state representatives.  
Financial Implications: None 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

21.

Budget Referral: Allocate $27,000 from the General Fund to Secure Potential Matching State Certified Local Government Landmarks Preservation Grants 
Revised Material (Supp 1)
From: Councilmembers Harrison and Hahn
 
Recommendation: Refer to the FY 2021 November Budget Process to allocate $27,000 from the General Fund to secure potential matching state Certified Local Government landmarks preservation grant.  
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

22.

 Amending Chapter 19.34 of the Berkeley Municipal Code to Expand Automatic Gas Shut-Off Valve Requirements in Multifamily, Condominium and Commercial Buildings Undergoing Renovations and to All Existing Buildings Prior to Execution of a Contract for Sale or Close of Escrow (Reviewed by the Facilities, Infrastructure, Technology, Environment & Sustainability Committee) 
From: Councilmembers Harrison, Wengraf, Hahn, and Bartlett 
Recommendation: Refer to the Disaster and Fire Safety Commission to consider an ordinance amending Berkeley Municipal Code (BMC) 19.34.040 to expand requirements for automatic natural gas shut-off valves or excess flow valves in multifamily, condominium and commercial buildings undergoing renovations and in all existing buildings prior to execution of a contract for sale or close of escrow. Ask the Commission to consider other triggers as appropriate.  
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

23.

Oversized Vehicle Restrictions on Bicycle Boulevards 
Supplemental material (Supp 3)
From: Councilmembers Harrison, Robinson, and Bartlett 
Recommendation:  
1. Refer to the Transportation Commission a draft ordinance amending Berkeley Municipal Code Chapter (BMC) 14.56.070 to prohibit commercial trucks exceeding three tons gross vehicle weight from utilizing streets comprising the bicycle boulevards network. 
2. Refer to the City Manager to update BMC 14.56.070 as more Berkeley streets become Bicycle Boulevards, as outlined in the 2017 Bicycle Plan. 
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

24.

Budget Referral and Approving Installation of Cameras at Ohlone Park Mural 
From: Councilmembers Harrison and Kesarwani 
Recommendation: 1. Pursuant to Berkeley Municipal Code 2.99.060, declare that a camera installed in Ohlone Park at the corner of Hearst Street and Milvia Street will provide benefits to the community that outweigh costs and concerns. 
2. Refer $6,000 to the FY20 November 2019 AAO Process for the purpose of purchasing and installing a surveillance camera.  
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

Action Calendar 

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

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

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

 

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

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

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

 

25.

Renewal of the Elmwood Avenue BID for Calendar Year 2020 
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, “the District”, “the Elmwood BID” or “the BID”) for 2019-20 and, if no majority protest exists, levy annual assessments in the District for calendar year 2020 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

 

26.

Renewal of the Solano Avenue BID for Calendar Year 2020 
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “Solano BID Advisory Board” or “the BID”) for 2019-20 and, if no majority protest exists, levy annual assessments in the District for calendar year 2020 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

 

27.

Amend BMC Chapter 14.52 Adding the North Shattuck Metered Parking Area to the goBerkeley Program 
From: City Manager 
Recommendation: Conduct a public hearing, and upon conclusion adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 14.52 to add the North Shattuck metered parking area to the goBerkeley parking program.  
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, (510) 981-6300

 

Action Calendar – Old Business

28.

Referral Response: Lava Mae Mobile Shower and Hygiene Services (Continued from October 15, 2019) 
From: City Manager 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400

 

29.

Repealing and Reenacting BMC Chapter 13.104, Wage Theft Prevention (Continued from October 15, 2019) 
From: Mayor Arreguin and Councilmembers Harrison, Droste, and Hahn 
Recommendation: Adopt second reading of Ordinance No. 7,668-N.S. repealing and reenacting BMC Chapter 13.104, Wage Theft Prevention to improve enforcement of the ordinance by requiring a signed acknowledgement of ordinance requirements and signed attestation at completion of the project. 
First Reading Vote: All Ayes.  
Financial Implications: Staff time 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

30.

Referral: Telegraph Shared Streets (Continued from October 15, 2019) 
Revised Material (Supp 1)
From: Councilmember Robinson, Mayor Arreguin, and Councilmembers Harrison and Droste
 
Recommendation: Refer to the City Manager to develop and return to Council with a plan to implement the shared streets proposal outlined in the Telegraph Public Realm Plan, including identification of potential regional funding sources for the project.  
Financial Implications: See report 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

31.

Referral: Develop a Bicycle Lane and Pedestrian Street Improvements Policy (Continued from October 15, 2019) 
Revised Material (Supp 1)
Revised Material (Supp 2)
From: Councilmembers Robinson, Droste, Harrison, and Mayor Arreguin
 
Recommendation: Refer to the City Manager to develop a comprehensive ordinance governing a Bicycle Lane and Pedestrian Street Improvements Policy that would:  
1. Require simultaneous implementation of recommendations in the City’s Bicycle and Pedestrian Plans when City streets are repaved, if one or more of the following conditions are met: (a) Bicycle Plan recommendations can be implemented using quick-build strategies that accommodate transit operations. (b) Pedestrian Plan recommendations can be implemented using quick-build strategies that accommodate transit operations. (c) The Bicycle Plan recommends studying protected bike lanes as part of a Complete Street Corridor Study in the Tier 1 Priority list. (d) Improvements are necessary to comply with the Americans with Disabilities Act.  
2. Prioritize bikeways and Vision Zero high-fatality, high-collision streets under the five-year Paving Plan by requiring that 50 percent of the repaving budget go towards such streets until they meet a minimum surface standard established with input from the Public Works and Transportation Commissions.  
3. Encourage the use of quick builds by expediting quick-build projects under $1 million. (a)“Quick-build” is defined as projects that a) require non-permanent features such as bollards/paint/bus boarding islands, b) make up less than 25 percent of the total repaving cost for that street segment, and c) can be a component of a Complete Street Corridor Study that includes evaluation after installation.  
4. Require staff to report progress back to Council every two years. 
Furthermore, refer to the City Manager to draft a revised version of the City’s Complete Streets Policy that would clarify that the presence of an existing or planned bikeway parallel to an arterial does not exempt projects along said arterial from bicycle and micromobility improvements under the Policy. 
Financial Implications: Staff time 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

Action Calendar - New Business 

 

32.

Reserving General Funds for Housing Trust Fund Program Predevelopment Applications for 2526 San Pablo Avenue, 2001 Ashby Avenue, and 2321-2323 10th Street and Possible Measure U1 Funding Reservation 
From: City Manager 
Recommendation: Adopt a Resolution: 
1. Reserving General Funds received pursuant to Measure U1 in the following amounts: -$500,000 for Satellite Affordable Housing Associates’ new construction development at 2527 San Pablo Avenue; and -$1.2 million for Resources for Community Development’s new construction development at 2001 Ashby Avenue; and -$50,000 for Northern California Land Trust’s renovation of 2321-2323 10th Street. 
2. Conditioning NCLT’s predevelopment loan on the organization demonstrating compliance with the requirements of its 2017 Development Loan Agreement for 1340-48 Blake Street and 2425 California Street, including: -Updating its plan for assessing the feasibility of converting 1340-48 Blake and 2425 California to cooperatives; and -Updating its organizational documents to reflect a tripartite structure.  
3. Conditioning the loan for 2001 Ashby Avenue on RCD’s evaluating ways to reduce or eliminate the project’s proposed parking spaces and/or parking footprint, if possible, in consideration of the needs of the residents, community services space, and climate change mitigation. 
4. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.  
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400

33a.

Recommendation to Modify Policies Related to the Enforcement of the Berkeley Smoke-Free Multi-Unit Housing Ordinance 
From: Housing Advisory Commission 
Recommendation: Approve modifications to policies related to the enforcement of the Smoke-Free Multi-Unit Housing Ordinance, as follows: 
1. Increase staffing to implement enforcement of the ordinance as part of the next budget; 
2. Improve signage related to the ordinance in residential buildings; 
3. Make the complaint process less onerous and more user-friendly, including enabling complainants to submit complaints electronically, providing complaint forms in different languages, and removing language requiring the statements to be “sworn,” and considering other, less threatening language that still expects a complaint be provided under the best of appellant’s knowledge; 
4. Relax the current requirements around how the Ordinance-based complaint form must be completed in order to be processed (e.g., removing the requirement of providing two separate complaints from different individuals within a six-month period, if the building contains two or fewer units, removing the requirement of providing a sworn statement under penalty of perjury); and 
5. Refer to the Community Health and Cannabis Commissions the question of whether the use of recreational (non-medical) cannabis should be incorporated into the Smoke-Free Housing Ordinance.  
Financial Implications: See report 
Contact: Mike Uberti, Commission Secretary, (510) 981-7400

 

33b.

Companion Report: Recommendation to Modify Policies Related to the Enforcement of the Berkeley Smoke-Free Multi-Unit Housing Ordinance 
From: City Manager 
Recommendation: The City Manager appreciates the Housing Advisory Commission’s efforts to strengthen the implementation of the Smoke-free Multi-Unit Housing ordinance and recommends that the proposed modifications be referred to the City Manager Office for an analysis of the financial and legal feasibility of the proposed changes. 
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400

 

  

Council Action Items

34.

Proposed Formula Retail (Chain Store) Regulations 
Supplemental Material (Supp 1)
From: Councilmember Hahn
 
Recommendation:  
1. Refer to the City Manager and Planning Commission to finalize and return to the City Council for adoption an Ordinance and related amendments to the Berkeley Municipal Code, if any, based on the Draft Formula Retail Ordinance attached hereto, to establish Formula Retail regulations for Commercial and Manufacturing Districts in the City of Berkeley.  
2. Refer to the City Manager and Planning Commission to: a. Recommend establishment of Business District boundaries and names, as provided for in Section 23E.18.030(B) of the proposed Formula Retail Ordinance, and b. Through a process that includes public notice and input, as described in the proposed Formula Retail Ordinance, recommend for each Business District whether to allow unlimited Formula Retail, limited Formula Retail (some or all use categories allowed with a Use Permit, Neighborhood Notice, Design Review and findings) or to prohibit Formula Retail.  
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

 

35.

Referral: Measures to Address Traffic Enforcement and Bicycle Safety 
Revised Material (Supp 1)
From: Councilmember Robinson
 
Recommendation:  
1. Refer to the Transportation Commission to consider a Resolution deprioritizing enforcement of the Idaho Stop and Dead Red conventions for persons operating a bicycle, after the operator has yielded to any other road users with the right of way, by prohibiting the use of any City funds or resources in assisting in the enforcement or issuance of citations for bicyclist violations of California Vehicle Code Sections 22450(a) and 21453(a). 
2. Refer to the City Manager to develop a ticket diversion program to educate bicyclists as an alternative to monetary fines related to other infractions, and to ensure integration of Vision Zero principles in implementation of state Office of Traffic Safety grants. 
3. Refer to the City Manager to develop a plan to calm and divert motor vehicle traffic on bicycle boulevards to provide people who bicycle and walk a safe, comfortable and convenient mobility experience by adding or reconfiguring stop signage and other traffic calming measures, per the recommendations of the 2017 Bicycle Plan.  
Financial Implications: See report 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

Information Reports

36.

City Council Short Term Referral Process – Monthly Update 
From: City Manager 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

37.

Referral Response: City Property for Affordable Housing and Modular Micro-Unit Buildings 
From: City Manager 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400

 

38.

LPO NOD:  1440 Hawthorne Terrace/#LMIN2018-0003 
From: City Manager 
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

 

39.

LPO NOD: 1450 Hawthorne Terrace/#LMIN2018-0002 
From: City Manager 
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

 

40.

LPO NOD: 2018-36 University Avenue/#LMSAP2019-0002 for the UC Theater Building 
From: City Manager 
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

 

41.

goBerkeley Parking Management Program - Parking Rate and Time Limit Adjustments for New North Shattuck Area for December 1, 2019
From: City Manager 
Contact: Phillip Harrington, Director, Department of Public Works (510) 981-6303

 

42.

Children, Youth and Recreation Commission 2019 Work Plan 
From: Children, Youth, and Recreation Commission 
Contact: Stephanie Chu, Commission Secretary, (510) 981-6700

 

43.

Civic Arts Commission Fiscal Year 2020 Work Plan 
From: Civic Arts Commission 
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

 

44.

Fiscal Year 2020 Commission on Aging Work Plan 
From: Commission on Aging 
Contact: Richard Castrillon, Commission Secretary, (510) 981-5190

 

45.

Berkeley Energy Commission Work Plan for 2019-2020 
From: Energy Commission 
Contact: Billi Romain, Commission Secretary, (510) 981-7400

 

46.

Report from Sister City Delegation to Gongju, Republic of Korea 
From: Mayor Arreguin and Councilmember Robinson 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

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 (510) 981-6418 (V) or (510) 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 the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on October 17, 2019.

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.

5G Telecom

  1. Elizabeth Starr
  2. Vivian Warkentin
  3. Phoebe Anne Sorgen

  

RV Parking Under University Avenue

  1. Berkeley Warehouse (2)
  2. Stacie Gancayco-Adlao, on behalf of Zen Booth
  3. Danielle Rose Hacker
  4. Genevieve Wilson

   

City Manager Web Page

  1. David Lerman

   

Kiwibots

  1. Therese Fitzpatrick (2)

   

Acquisition and Use of Surveillance Technology, GPS Tracking, and Biometric Time Clocks Notice of Violation

  1. Weinberg, Roger & Rosenfeld, on behalf of SEIU Local 1021

   

Racial Disparities in Homeless Population

  1. Erica Etelson

   

Endorse Ratification of U.N. Convention on the Rights of the Child

  1. Peace and Justice Commission

   

Downtown Street Construction

  1. Paul Glusman

   

Berkeley Low Income Housing

  1. Linda Franklin (2)

   

Experience Contesting a Parking Violation

  1. Tejal Bhamre

   

Manufactured Housing

  1. Avram Gur Arye (3)

   

  

Encampments/Homelessness

  1. Eric Friedman

   

Parking on Narrow City Streets

  1. Paul Casperson and Marilyn Pollack

   

Safe Passages Project Pilot

  1. JoAnn Lorber

   

Police Review Commission Amendment on the 2020 Ballot

  1. Ammar Ansari
  2. Sarah Shehata
  3. Emma Gobler
  4. Meghan Schwartz

   

Berkeley Social Housing

  1. Hannah Forsberg

   

PG&E Email Addresses

  1. Juty Blue

   

Traffic Circle Trees

  1. Donna Mickleson

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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