Office of the City Manager CONSENT CALENDAR June 9, 2015

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1 Office of the City Manager CONSENT CALENDAR June 9, 2015 To: From: Honorable Mayor and Members of the City Council Christine Daniel, City Manager Submitted by: Zach Cowan, City Attorney Subject: Gender Neutral Bathrooms; Adding BMC Section RECOMMENDATION Adopt first reading of an Ordinance adopting a new Section of the Berkeley Municipal Code, requiring that single-occupancy restrooms in businesses and other places of public accommodation be designated gender neutral. FISCAL IMPACTS OF RECOMMENDATION None. CURRENT SITUATION AND ITS EFFECTS February 10, 2015, the City Council referred to the City Manager the development of an ordinance requiring that single-occupancy restrooms in businesses and other places of public accommodation be designated gender neutral. (See Attachment 2) The proposed ordinance responds to the Council s referral. BACKGROUND The proposed ordinance would require that single-occupancy restrooms in businesses and other places of public accommodation be designated gender neutral. ENVIRONMENTAL SUSTAINABILITY There are no identifiable environmental effects or opportunities associated with the subject of this report. RATIONALE FOR RECOMMENDATION The proposed ordinance responds to a Council directive. See Attachment 2. ALTERNATIVE ACTIONS CONSIDERED N/A CONTACT PERSON Zach Cowan, City Attorney (510) Attachments: 1. Ordinance 2. February 10, 2015 Council report: City Manager Referral: Gender Neutral Restrooms 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) manager@cityofberkeley.info Website:

2 ORDINANCE NO. #,### ADDING A NEW SECTION TO THE BERKELEY MUNICIPAL CODE REQUIRING THAT SINGLE-OCCUPANCY RESTROOMS IN BUSINESSES AND OTHER PLACES OF PUBLIC ACCOMMODATION BE DESIGNATED GENDER NEUTRAL BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. That Section is added to the Berkeley Municipal Code to read as follows: Gender neutral restrooms No later than 60 days after the effective date of this section, all single-occupancy restrooms in businesses and other places of public accommodation shall be gender neutral, meaning that access shall not be restricted to persons of a specific sex or gender identity. Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

3 Kriss Worthington Councilmember, City of Berkeley, District Milvia Street, 5 th Floor, Berkeley, CA PHONE FAX kworthington@ci.berkeley.ca.us CONSENT CALENDAR February 10, 2015 Attachment 2 07 To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Kriss Worthington City Manager Referral: Gender Neutral Restrooms RECOMMENDATION Refer to the City Manager to create an ordinance making single stall restrooms gender neutral in all public accommodations. BACKGROUND The City of Berkeley strives to be an inclusive, progressive and diverse community. Recently, a number of cities have passed a gender neutral restroom policy. This policy is important because across the country members of the transgender community have been harassed when using public restrooms. According to takepart.com, a survey was conducted in Washington D.C. which showed that 70 percent of transgendered people had been verbally harassed when using a gender specific restroom. In addition, 18 percent were denied access and 10 percent were physically assaulted. The intent of gender neutral restroom policy is to provide safe and accessible restrooms, free of harassment and gender identity discrimination. The City of Berkeley has a long history of supporting the transgender community and making policy to ensure all of our communities feel equal, included and accepted. For more information: FINANCIAL IMPLICATIONS: Minimal. ENVIRONMENTAL SUSTAINABILITY: Benefits the environment by reducing the number of restrooms needed for construction. CONTACT PERSON Councilmember Kriss Worthington Attachments: 1. West Hollywood Gender Neutral Restrooms Staff Report & Ordinance

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