legislative highlights

2180 Milvia Street, 5th Floor

Berkeley, CA 94704

510 981-7140 Tel

510 981-7144 Fax

[email protected]

www.jessearreguin.com

What has Jesse accomplished on the City Council these past 6 years?

� Balcony Inspections (adopted): After a tragic balcony collapse that took the lives of 6 youths and critically injured many others, Jesse took immediate leadership and consulted with structural engineers to ensure that weatherproofing is inspected prior to enclosure, increased ongoing inspections post-construction, and notification to existing units as to the materials used and condition of balconies.

� Development Community Benefits Package (adopted): At the urging of Jesse since the initial adoption of the Downtown Area Plan, Council finally addressed the definition of “extraordinary community benefits” to include a comprehensive schedule of benefits as projects began to seek approval providing arguably insufficient community benefits. Jesse’s proposal led to the most progressive community benefit schedule in the State with an increase in affordable housing beyond the base requirement, credits for project labor agreements, and enhanced environmental programs such as AC transit passes for residents.

� Fair and Impartial Policing Policy (adopted): Worked with a coalition of civil rights advocates, such as the ACLU and Berkeley NAACP, to adopt anti-discrimination police policies. The policies included data collection requirements for stops and police interactions to not only deter profiling, but to provide analytical data to detect inequitable policing.

� Minimum Wage (adopted): Worked with a coalition of labor activists to adopt a strong minimum wage ordinance for the City of Berkeley to ensure that workers earn a living wage and live in the City in which they work. The minimum wage is currently $10/hr and will gradually rise to $12.53/hr in 2016 under the proposal adopted by Council. Jesse is currently working with community organizers to push further to increase the wage to $15/hr by 2020 with an annual cost of living adjustment tied to the Consumer Price Index (CPI) with paid sick leave.

� Vehicle Impound Policy (adopted): Worked with the Berkeley Police Department to change its policy on the towing of vehicles of unlicensed drivers in response to concerns by the undocumented community. The policy allows the vehicles of unlicensed drivers to not automatically be impounded for 30 days, but rather gives Police the option of not towing or to tow and allow the owner to pick up the vehicle immediately, preventing massive fines, which often result in people being unable to get their cars out of impound. Thanks to Jesse’s leadership, Berkeley was at the forefront of the effort to stop the unfair towing of undocumented drivers, leading to the recent California law giving immigrants’ driver’s licenses.


Berkeley, CA 94704

510 981-7140 Tel

510 981-7144 Fax

[email protected]


� Check Cashing and Pay Day Lender Restrictions (pending): Given the effect of high interest rates and predatory lending on low income communities, Jesse introduced a proposal to prohibit new check cashing stores in Berkeley.

� Fair Chance Ordinance (pending): Extending the City’s existing “Ban the Box” policy to private employers within the City of Berkeley, which would remove any questions regarding an individual’s conviction history from an initial application and delay background check inquiries until later in the hiring process. Additionally, the proposal would regulate background check inquiries to ensure that applicants are considered fairly for a job position.

� Secure Communities Opt-Out (adopted): Secure Communities is a federal program

that requires local inmate fingerprints be transmitted to federal immigration authorities, who then can request a local jail to hold an inmate so they can take custody and initiate deportation proceedings. Thanks to Jesse’s work with civil rights and immigrant rights advocates, Berkeley became the first City to refuse to honor ICE Detainer Requests, as undocumented community members were being deported for minor non-violent crimes without due process, such as driving without a license.

� Affordable Housing Mitigation Fee (adopted): After state courts threw out Berkeley’s

long established policy of requiring new buildings to set aside apartments for low income residents, Jesse put forward the idea of requiring a fee on new development to fund affordable housing. Over strong objections by developers and the Council majority, Jesse pushed for three years to successfully get an Affordable Housing Mitigation Fee adopted. This fee is the best tool for Berkeley to get new affordable housing in the midst of a housing affordability crisis. The $28,000 per unit fee the Council adopted in 2012 goes towards the Housing Trust Fund to finance new affordable housing.

� Tenant Screening Fee Ordinance (adopted): In response to claims that landlords were

showing apartments and pocketing application fees even if they didn’t intend to rent the apartment, Jesse put forward an ordinance that notifies applicants for apartments of the limits on application screening fees and their right to a refund of any unused fees. It required that landlords have to include in their rental applications a disclosure of relevant regulation under state law. This policy has helped advance a largely toothless state law and helped protect tenants in the expensive process of simply searching for housing.

� Urban Agriculture in Residential Areas (adopted): Allows for “by-right” small-scale farming of produce and other non-processed edibles on occupied residential property with the goal of encouraging local agriculture to meet our Climate Action goals and promote food security and resiliency.


Berkeley, CA 94704

510 981-7140 Tel

510 981-7144 Fax

[email protected]


� Tobacco-Free School Zoning (pending): In response to situations where stores were illegally selling tobacco products to minors, Jesse put forward a proposal to restrict the sale of tobacco, including “e-cigarettes” and flavored tobacco, within a certain distance from any school or park. It also creates a “three strike” rule for any grandfathered retailer that sells to minors, resulting in business license revocation; prohibits the sale of tobacco products near schools during school hours.

� Tobacco 21 (pending): Recently introduced a proposal that would follow the State of Hawaii, New York City, and neighboring city Healdsburg in prohibiting the sale of tobacco products to anyone under the age of 21.

� Mutual Aid Policy/Police Reforms (adopted): In the wake of the Occupy Oakland and Occupy Cal crackdowns, Jesse worked with the ACLU, NAACP and other civil rights groups to amend the city’s Mutual Aid policies (agreements among law enforcement to lend assistance across jurisdictional boundaries in emergency situations) to explicitly deem civil disobedience and other free speech activities as non-emergencies. The police reforms Jesse pushed for also prohibited police surveillance on individuals engaged in first amendment activity, and stopped the sharing of reports on non-criminal activity with the FBI and other federal agencies, preventing profiling and unwarranted investigation of Berkeley residents. These reforms have put Berkeley at the forefront of police accountability and protecting civil liberties.

� Responsible Banking Policy (pending): In the wake of the Occupy Movement and the

Move your Money campaign, Jesse put forward a proposal to have the city divest from Wells Fargo, its city bank. Jesse is now pushing for a policy that municipal investments involve only responsible financial institutions that follow our values and support our community; amends our Request For Proposal for banking services to give preference to banks that support community reinvestment goals such as stabilizing the housing market, loans to local homeowners and businesses, the establishment of local branches in low income communities, and local employment opportunities.

� Civic Center Historic District Overlay (adopted): A zoning law that would restrict the

permissible uses of certain civic buildings within the overlay to only civic and community serving uses and prevent the privatization of our historic Civic Center. This proposal is in response the USPS’ decision to sell the historic Downtown Post Office, despite overwhelming local opposition, as they have successfully done in communities across the country. With this innovative approach, Berkeley became the first City to successfully suspend a sale and has brought USPS to the table.

� Commercial Vacancy Tax (pending): A proposal for the November 2016 ballot that

would apply to any ground floor commercial space that has been vacant for a defined


Berkeley, CA 94704

510 981-7140 Tel

510 981-7144 Fax

[email protected]


period of time and progressively escalates to provide incentives for property owners to lease the space and bring in an active use. This tax is meant to address the countless vacant storefronts along our commercial streets, and address the perverse incentive of property owners to hold out on leasing rather than lower square foot rents to meet demand, thus creating blight. The tax would include hardship exemptions and consider other extenuating circumstances.

� Homeless Task Force (ongoing): In the wake of the community discussion around

homelessness started by 2012’s Measure S, Jesse convened a community task force to proactively address the issues of homelessness, such as creating more housing opportunities, improving services for homeless youth, and improve and expand homeless services, such as mental health services. The goal of the Task Force is to effectively and comprehensively address the underlying issues of homelessness within a progressive framework.

� Independent Redistricting Commission Initiative (pending): In response to a

controversial redistricting plan approved by the City Council that was the subject of a successful referendum, an Independent Redistricting Commission will be placed on the 2016 ballot. The last two rounds of redistricting saw a majority faction of Council create unfair districts for political gain. The initiative, modeled on the California’s redistricting process, insulates redistricting from partisan politics by creating a citizen’s redistricting commission, which would be tasked with the creation of new Council districts, and take the power out of the hands of the Council and put it directly in the hands of the people.

� Political Contribution Reform (pending): Prohibits contractors that do a certain amount

of business with the City from contributing campaign funds to elected officers of the City of Berkeley. Additionally, the prohibition would extend to parties of land use cases and their agents, which would include developers.

� Non-Profit Hospital Charity Care (pending): Jesse led the Council efforts to ask Alta

Bates Medical Center to provide annual reports on the amount of charity care - care for those who cannot afford medical care. Alta Bates is Berkeley’s largest hospital and in exchange for its exemption from local taxes it is supposed to provide charity care and community benefits. The Charity Care Resolution was in response to claims of Alta Bates patients being dumped at the county hospital due to lack of coverage, and due to large CEO compensation while charity and care and community benefits did not match the amount of tax exemptions the hospital received. The efforts to account for charity care will ensure accountability and quality care for low-income Berkeley residents.

� Urban Agriculture Zoning in Commercial/Industrial Zones (pending):

Comprehensive city-wide zoning to allow urban farming in commercial and industrial


Berkeley, CA 94704

510 981-7140 Tel

510 981-7144 Fax

[email protected]


areas in Berkeley; allows community gardens as a permitted use, and allow for other permits necessary for urban farming in Berkeley. This follows up on successful efforts in 2012 to allow for urban agriculture in residential areas, and will help implement the city’s Climate Action Plan.

� On-body Police Cameras (pending): Would require that all officers in the field wear an

on-body camera to be used in any law enforcement related interaction with the public. In theory, the cameras would serve as a “neutral” eye-witness and help establish facts in any investigation into alleged misconduct, or other instances. Additionally, the simple presence of the camera may help regulate the behavior of both officers and the public in interactions.

� Downtown Referendum (succeeded): In 2009, Jesse led the community effort to collect

9,200 signatures (the most in Berkeley history) to overturn the highly controversial Downtown Area Plan (DAP) that allowed for out-of-scale development in the Downtown and surrounding neighborhoods without adequate protections and community benefits. In the end the final DAP, although flawed, is much improved because of the referendum and includes more protections and required community benefits that are now being heralded by applicants as they advocate for their projects.

� Strengthening the Climate Action Plan (succeeded): In his first few months on the City Council, Jesse led efforts to strengthen the city’s Climate Action Plan by including policies on historic preservation, neighborhood protection, tree preservation, recycling and composting, improving greenhouse gas reduction standards, and protecting open space. The Climate Action plan was revised to include Jesse’s revisions and passed unanimously by the City Council.

� GMO Labeling (pending): In the wake of the failed 2012 measure to label GMO products in California, and given community concerns over the safety of GMOs, Jesse put forward a proposal to have the city explore developing a city GMO labeling policy for fresh produce. While more limited than the state proposition, it is a first step to establish a municipal labeling requirement, so residents know what’s in their food, and to help build momentum for another state proposition. In response to Berkeley’s proposal, the City of Richmond is also studying creating a city GMO labeling requirement.

� SB 1070/Arizona Boycott (successful): In the wake of the controversial and anti-immigrant SB 1070 in Arizona, Jesse got the City of Berkeley to join other cities in boycotting Arizona, prohibiting the City from doing business with companies based out of Arizona or using city funds to send city staff to conferences in Arizona until SB 1070 is repealed.


Berkeley, CA 94704

510 981-7140 Tel

510 981-7144 Fax

[email protected]


� Berkeley Way Lot (pending): Council has unanimously moved forward with Jesse’s proposal to develop a mixed-use development on the Berkeley Way Parking lot in Downtown to provide permanent supportive housing for the homeless and an emergency shelter. The City is currently negotiating the pre-development work for the site with non-profit developers.

� Rental Housing Safety (pending): In the wake of several large apartment building fires, Jesse is working to improve the city’s Rental Housing Safety Program to increase enforcement of unsafe buildings, and improve the safety and condition of housing in Berkeley. The program has taken on even more urgency given the recent balcony tragedy.

� Water Conservation Measures (adopted): In response to California’s historic drought, Jesse introduced several referrals to conserve water in the City of Berkeley, which included the reduction of water usage to “stress levels” for median turf. The referrals helped result in the City’s Parks Department in reducing its water usage by a third.

� Good Government Package (pending): Jesse introduced several proposals that are currently being evaluated by a Council ad hoc committee to increase transparency, accountability, and equal access to public officials. The proposals include, but are not limited to the following:

o Public Calendars: public officials must disclose when and with whom they met if it involves City business

o Revolving Door Policy: prohibition of former staff, for a specified period of time, from lobbying current staff on matters relating to City business

o Political Polling: prohibition on including in city funded community surveys questions on resident favorability of elected officials

� Contractor Standards: Living Wage Enforcement (pending): In response to a large contractor violating labor law and our local living wage, and the larger trend of contracting out municipal services, Jesse drafted an ordinance that would create compliance standards to be evaluated in Requests for Proposals (RFP’s) and contract renewals, as well as better enforcement mechanisms for third party employees.

� Targeted Retail Incentives (pending): A green and walkable City needs our neighborhood commercial districts to meet neighborhood needs, such as retail; retail has languished in many of Berkeley’s commercial districts, mainly due to the trend towards


Berkeley, CA 94704

510 981-7140 Tel

510 981-7144 Fax

[email protected]


big box stores and ample parking needed for profitable retail. In response, Council unanimously adopted Jesse’s proposal to create incentives for specific types of retail uses through a possible combination of fee deferrals, business license tax reductions (specified time period), and/or property tax incentives. Discussions with staff have also resulted in proposal to also allow a commercial property ground floor height bonus for mixed-use projects to incentivize the production of more desirable commercial spaces that can accommodate a wider range of retail.

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