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General Information
General Information

Regular Meeting eAgenda
January 24, 2017
                                                                                                                  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 

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~~~~~~~~~~~~~~~~~~~~~

AGENDA 

BERKELEY CITY COUNCIL MEETING 

Tuesday, January 24, 2017 

7:00 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 – Vacant

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.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

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”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Councilmember may move any information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previous addressed that item during the Consent Calendar related public comment period.

     

Recess Items

1.

Appointment of Interim Health Officer
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to appoint Robert A. Benjamin, M.D. as the Interim Health Officer for the City of Berkeley.
Financial Implications: See report 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

Consent Calendar

2.

Referral Response: Revisions to the Public Art in Private Development Program Including Amendments to BMC 23C.23.050
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,526-N.S. revising Berkeley Municipal Code Section 23C.23.050, the One-Percent for Public Art on Private Projects Ordinance, to allow developers the option of satisfying the Percent for Art requirements with a combination of on-site art and in-lieu payment.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Jordan Klein, Economic Development, 981-7530

 

3.

Emergency Measures to Address Homeless Crisis
Revised materials
From: Mayor Arreguin
Recommendation: Adopt second reading of Ordinance No. 7,527-N.S. amending Berkeley Municipal Code Section 14.48.170.
First Reading Vote: Ayes – Davila, Bartlett, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – Maio.
Financial Implications: Unknown
Contact: Jesse Arreguin, Mayor, 981-7100

 

4.

Referral Response: Standards for Testing and Certification of DAS Antennas, Amending BMC Chapter 16.10
From: City Manager
 
Recommendation: Adopt first reading of an Ordinance adding Berkeley Municipal Code subdivision 16.10.100.G requiring regular testing of wireless telecommunications facilities in the public right of way to verify compliance with FCC standards.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

 

5.

Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 1, 2016 (special and regular), November 15, 2016 (special closed, special and regular), November 29, 2016 (special closed, special and regular), December 8, 2016 (special), and December 13, 2016 (special closed, special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

 

6.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 24, 2017
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: $3,630,000
Contact: Henry Oyekanmi, Finance, 981-7300

 

7.

Mental Health Services Act (MHSA) Fiscal Years (FY) 2016 - 2017 Annual Update
From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year (FY) 2016 - 2017 Annual Update, and authorize the City Manager to send the MHSA FY2016-2017 Annual Update to appropriate state officials.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

8.

Grant Award: Berkeley Pilgrimage Foundation to the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting a $10,000 grant to the Berkeley Meals on Wheels Program from the Berkeley Pilgrimage Foundation.
Financial Implications: Fund Raising Activities Fund - $10,000 (Grant)
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

9.

Contract No. 9613B Amendment: Lakehurst Hall, Inc. for Temporary Housing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9613B with the Lakehurst Hall, Inc. for the provision of temporary housing to mental health clients increasing the contract amount by $100,000 for a total contract amount not to exceed $149,500, and extending the term through June 30, 2019.
Financial Implications: Mental Health Service Act Fund - $100,000
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

10.

Revenue Contract: Community Services Block Grant for Calendar Year 2017
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 17F-2001 for the initial amount of $70,482, and execute any resultant agreements and amendments that may increase the contract amount up to an estimated $265,577 to provide services for low-income people for the period January 1, 2017 to December 31, 2017.
Financial Implications: $70,482 (Grant)
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

11.

Designating City’s Labor Negotiator under Govt. Code Section 54957.6
From: City Manager
 
Recommendation: Adopt a Resolution establishing a standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with certain unions and rescinding Resolution No. 66,971-N.S.
Financial Implications: None
Contact: Sarah Reynoso, Human Resources, 981-6800

 

12.

Contract No. 9105D Amendment:  Meyers Nave for Chief Labor Negotiations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9105D in the amount of $80,000 with Meyers Nave for Chief Labor Negotiator services, for a revised total contract amount not to exceed $250,000.
Financial Implications: General Fund - $80,000
Contact: Sarah Reynoso, Human Resources, 981-6800

 

13.

Unrepresented Employees – CalPERS Cost-Share Agreement 
From: City Manager 
Recommendation: Adopt a Resolution affirming CalPERS Employee Pension Contribution through a 20516 Contract Amendment for all Miscellaneous Unrepresented employees (Classic and New Members) totaling 1.0% effective June 4, 2017 and an additional 7.0% (for a total of 8.0%) effective December 31, 2017.
Financial Implications: None
Contact: Sarah Reynoso, Human Resources, 981-6800

 

14.

Digital Strategic Plan (DSP)
From: City Manager
Recommendation: Formally approve the Digital Strategic Plan for Fiscal Years 2017 – 2021.
Financial Implications: See report
Contact: Savita Chaudhary, Information Technology, 981-6500

 

15.

Contract No. 7167F Amendment: SunGard Public Sector Software Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7167F with SunGard Public Sector for maintenance and support of the City’s FUND$ system, increasing the amount of the current contract by $161,317 for a total not to exceed $1,505,283 from July 1, 2006 through June 30, 2017.
Financial Implications: Various Funds - $161,317
Contact: Savita Chaudhary, Information Technology, 981-6500

 

16.

Contract No. 9906A Amendment: Government Finance Officers Association (GFOA) for Extension of Enterprise Resource Planning (ERP) Advisory Services
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9906A with Government Finance Officers Association (GFOA) for extension of Enterprise Resource Planning (ERP) Advisory Services to replace the current FUND$ system, increasing the amount by $9,450, for a total not to exceed $154,285 from March 15, 2016 to July 31, 2017.
Financial Implications: FUND$ Replacement Fund - $9,450
Contact: Savita Chaudhary, Information Technology, 981-6500

 

17.

Contracts: ServiceNow Corporation for Software Licensing and Alcor Solutions Inc. for Implementation of Information Technology (IT) Service Management and IT Asset Management Solution
From: City Manager
Recommendation: Adopt two Resolutions:
1. Authorizing the City Manager to execute a contract with ServiceNow Corporation for Software Licensing for Information Technology Service Management Asset Management Solution, for a total not to exceed $261,756 from February 14, 2017 to March 31, 2020.
2. Authorizing the City Manager to execute a contract with Alcor Solutions Inc. for Implementation of Information Technology Service Management and Information Technology Asset Management Solution, for a total not to exceed $491,894 from February 14, 2017 to March 31, 2020.
Financial Implications: General Fund - $753,650
Contact: Savita Chaudhary, Information Technology, 981-6500

 

18.

Contract No. 9535 Amendment: Carducci and Associates for Landscape Architectural Services for the Artificial Turf Replacement Project at the Tom Bates Regional Sports Complex
From: City Manager
Recommendation: Adopt Resolution authorizing the City Manager to execute an amendment to Contract No. 9535 with Carducci and Associates for landscape architecture services for the Artificial Turf Replacement Project at the Tom Bates Regional Sports Complex by increasing the amount by $100,000 for a new contract amount not to exceed $320,000.
Financial Implications: Gilman Fields Reserve AC Fund - $100,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

19.

Contract No. 10258 Amendment: Redwood Engineering Construction for Ohlone Dog Park Renovation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10258 with Redwood Engineering Construction for the Ohlone Dog Park Renovation project, increasing the amount by $61,000 for an amended total amount not to exceed $389,800.
Financial Implications: Parks Tax Fund - $61,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

20.

Contract: Redwood Engineering Construction for Willard Park Play Area and Pathway Renovation
From: City Manager
Recommendation: Adopt a Resolution: 1.  Approving the plans and specifications for Willard Park Play Area and Pathway Renovation Project, Specification No. 16-11002-C; and 2.  Rejecting the non-responsive bid from the lowest bidder, Integra Construction Services; and; and 3.  Accepting the bid of the lowest responsive and responsible bidder, Redwood Engineering Construction; and; and 4.  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 Redwood Engineering Construction, for the Willard Park Play Area and Pathway Renovations project at 2720 Regent Street, Berkeley, CA 94705, in an amount not to exceed $302,400, which includes a contract amount of $252,000 and a 20% contingency in the amount of $50,400.
Financial Implications: Various Funds - $302,400
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

21.

Reject All Bids and Re-bid the South Cove Parking Lot and Restroom Project Specification No. 16-11056-C
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to reject bids and direct staff to re-scope and re-advertise the work associated with the South Cove Parking Lot and Restroom Project, Specification No. 16-11056-C.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

22.

Referral from City Council on Emergency Cache Gas Generators for Measure GG Funding
From: Disaster and Fire Safety Commission
Recommendation: Do not replacing existing disaster cache generators with new propane generators because propane generators are currently being provided in new disaster caches and because of lack of available funding and staff time. The Commission will reconsider in the FY18/19 budget cycle.
Financial Implications: None
Contact: David Brannigan, Commission Secretary, 981-3473

 

23.

Berkeley Family Friendly and Environment Friendly Workplace Ordinance; Adding BMC Chapter 13.101
From: Commission on Labor
Recommendation: Adopt first reading of an Ordinance adding Chapter 13.101 titled the Berkeley Family Friendly and Environment Friendly Workplace Ordinance.
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-5400

 

24.

Audit Report: City at Crossroads as Long-Standing Need for Structured Approach to Line of Business Experts Function Intersects with ERP Implementation
From: Auditor
Recommendation: Request that the City Manager report back by July 25, 2017, and every six months thereafter, regarding the status of recommendations until reported fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

 

Council Consent Items 

  

25.

Sixth Annual Martin Luther King Jr. Celebration January 16, 2016: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin
Recommendation:
1. Adopt a Resolution retroactively co-sponsoring the 6th Annual Martin Luther King Jr. Celebration Breakfast on January 16, 2017.
2. Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Chamber of Commerce Foundation, the fiscal sponsor of the 6th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Funds - $250
Contact: Jesse Arreguin, Mayor, 981-7100

  

26.

Support for SB 54 California Values Act
From: Mayor Arreguin
Recommendation: Send a letter to Senate President pro Tempore Kevin de León, State Senator Nancy Skinner, and Assemblymember Tony Thurmond in support of SB 54, the California Values Act.
Financial Implications: Minimal
Contact: Jesse Arreguin, Mayor, 981-7100

  

 27.   

Special RPP Designation, Grant Street between Ohlone Park and Delaware Street 
From: Councilmember Maio
Recommendation: Request the City Manager to designate a special “no 2-hour parking grace period” residential permit parking zone for the one cul-de-sac block of Grant Street between Ohlone Park and Delaware Street.
Financial Implications:
None
Contact: Linda Maio, Councilmember, District 1, 981-7110   

 

28.  

Financial and Infrastructure Opportunities Workshop
From: Councilmembers Maio, Bartlett, and Droste
Recommendation: Refer to Agenda Committee to schedule a Council workshop or presentation on financial opportunities related to refinancing existing GO Bonds and Fees.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
 

 

 29.  

Socially Responsible Banking Services for the City of Berkeley
From: Councilmembers Maio, Bartlett, and Wengraf
Recommendation: Request that the City Manager initiate a process for proposals from providers of banking services that uses criteria articulated in the 2013 process, but adds and emphasizes criteria related to ethical business practices. Ask for an extension of the existing contract with Wells Fargo should additional time be needed.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
 

 

 30.  

Alameda County Family Justice Center: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmembers Maio and Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $175 per councilmember, including $175 from Councilmember Maio, to the Alameda County Family Justice Center, on the occasion of their 10th Annual ‘One’ Gala, to be held on Saturday, January 28, 2017, (more information is available at acfjc.org), with funds relinquished to the city’s general fund for this purpose from the discretionary council office budget of Councilmember Maio and any other councilmembers who would like to contribute.
Financial Implications:
Councilmembers' Discretionary Funds - $175
Contact: Linda Maio, Councilmember, District 1, 981-7110
 

 

 31.  

Berkeley Public Library Foundation 15th Annual Authors Dinner: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmembers Maio, Hahn, and Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per councilmember including $500 from Councilmember Maio, to the Berkeley Public Library Foundation 15th Annual Authors Dinner with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $500
Contact: Linda Maio, Councilmember, District 1, 981-7110 

 

 32.  

Women's Daytime Drop-in Center: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $200 per councilmember, including $200 from Councilmember Maio, to the Women’s Daytime Drop-in Center with funds relinquished to the city’s general fund for this purpose from the discretionary council office budget of Councilmember Maio and any other councilmembers who would like to contribute.
Financial Implications:
Councilmember's Discretionary Funds - $200
Contact: Linda Maio, Councilmember, District 1, 981-7110
 

 

 33.  

Healthy Black Families: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $200 per councilmember, including $200 from Councilmember Maio, to Healthy Black Families, Inc. (more information is available at healthyblackfamiliesinc.org), with funds relinquished to the city’s general fund for this purpose from the discretionary council office budget of Councilmember Maio and any other councilmembers who would like to contribute.
Financial Implications:
Councilmember's Discretionary Funds - $200
Contact: Linda Maio, Councilmember, District 1, 981-7110
 

 

 34.  

Budget Referral: “Berkeley Inclusion in Opportunity Index” - Request Availability Study for Affirmative Action in City Contracting
Revised materials
Revised materials
From: Councilmembers Bartlett, Worthington, and Davila
Recommendation:
Refer to the 2016-2017 budget an allocation to perform an Availability Study to analyze the City’s use of local, small, emerging, minority, and women business enterprises in City construction, architecture, engineering, professional services, goods and other services contracts.
Financial Implications:
Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130  

 

 35.  

Referral to City Manager: “Step Up Housing” Initiative - Micro-Units to House Homeless and Very Low-Income People
Revised materials
Supplemental materials
From: Councilmembers Bartlett, Maio, and Droste
Recommendation: Refer to the City Manager to take the following actions through the Ad Hoc Committee on Homeless Solutions: 1. Identify parcels of City owned land for citing assisted-living modular micro unit buildings. 2. Amend the permitting and approvals process to facilitate the rapid creation of below market housing. 3. Obtain zoning approval and a building permit for a 4 story and approximately 100 unit building consisting of stackable modular units. 4. Upon completing construction, allocate $1,000 per unit per month from the budget to lease the building. The actual construction costs of the building will be privately financed at no charge to the City. 5. Identify a housing non-profit to be responsible for managing and operating the building. 6. Establish criteria for selecting individuals and determining eligibility. These need-based criteria will take into account seniors, disabled people, and Berkeley natives who have become homeless.
Financial Implications:
Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130
 

 

 36.  

Proclamation Reaffirming the City of Berkeley’s Commitment to Roe v. Wade
From: Councilmembers Wengraf and Droste
Recommendation: Adopt a Proclamation reaffirming the City of Berkeley’s commitment to Roe v. Wade on the 44th anniversary of its passage.
Financial Implications:
None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160 

 

 37.  

Berkeley BABIES Initiative
From: Councilmember Droste
Recommendation: Request that the City Manager create a provision and enforcement mechanism to ensure that all publically-accessible City buildings install and maintain at least one baby diaper-changing accommodation that is accessible in both men and women’s restrooms or a single diaper-changing accommodation that is accessible to all genders. In addition, request that the City Manager provide recommendations to mandate all businesses to provide changing stations in either women’s and men’s restrooms or gender-neutral restrooms.
Financial Implications:
Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180
 

 

 38.  

Berkeley Mothers Initiative
From: Councilmember Droste
Recommendation: Request that the City Manager ensure that all City buildings provide and maintain at least one private place reasonably close to an employee’s workspace for breastfeeding mothers to pump.
Financial Implications:
Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180
 

  Action Calendar

The public may comment on each item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again. 

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.

     

 

39. 

Echo Lake Youth Camp Fee Increase in FY2017
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1. Increasing current fees for Echo Lake Youth Camp by 6.5%; and 2. Rescinding Resolution No. 67,497-N.S. and all amendatory resolutions.
Financial Implications:
See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

40. 

ZAB Appeal: 2597 Telegraph Avenue
Attachment 4: Administrative Record
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution approving Use Permit No. 2015-0018 to construct a four-story, approximately 25,200-sq. ft., 10-unit townhouse development on the vacant portion of a parcel that contains a three-story, mixed-use Landmark building (the Gorman Building) with four existing dwelling units; and to legalize the existing operation of a commercial parking lot for carsharing.
Financial Implications:
None
Contact: Carol Johnson, Planning and Development, 981-7400

 

Action Calendar - Old Business

 

41a. 

Short-Term Rental Regulations Ordinance, Adding BMC Chapter 23C.22 and Amending BMC Titles 23D and 23E (Continued from December 13, 2016)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,521-N.S. regarding Short-Term Rental Regulations, adding Berkeley Municipal Code Chapter 23C.22 and amending Berkeley Municipal Code Titles 23D and 23E to make related changes.
First Reading Vote:
Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
Financial Implications:
See report
Contact: Carol Johnson, Planning and Development, 981-7400

 

41b. 

Short-Term Rental Regulations Ordinance, Amending BMC 23C.22 and Amending Titles 23D and 23E
Revised materials
Revised materials
From: City Manager
Recommendation: Adopt first reading of an Ordinance regulating Short-Term Rentals, adding BMC Chapter 23C.22 and amending Titles 23D and 23E to make related changes.
Financial Implications:
See report
Contact: Carol Johnson, Planning and Development, 981-7400

  

42. 

Modify the Zoning Ordinance, Amending Accessory Buildings and Structures, BMC Chapter 23D.08, and Adding a Definition of Kitchen to Definitions, BMC Section 23F.04.010 (Continued from December 13, 2016)
Revised materials
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,522-N.S. amending Zoning Ordinance Accessory Buildings and Structures, Berkeley Municipal Code Section 23D.08, and adding a definition of Kitchen to Definitions, Berkeley Municipal Code Section 23F.04.010.
First Reading Vote:
Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
Financial Implications:
See report
Contact: Carol Johnson, Planning and Development, 981-7400

 

43. 

General Fund Reserve Policy (Continued from December 13, 2016. Item contains revised and supplemental materials.)
Revised materials
Presentation
From: City Manager
Recommendation:
Adopt a Resolution to amend the General Fund Reserve Policy.  The purpose of the policy is to establish a minimal general fund reserve level, designate specific portions of the reserve for stabilization and catastrophic purposes, and define the use, funding and replenishment guidelines of the funds.
Financial Implications: See report 
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

44. 

Amend the General Fund Reserve Policy Utilizing a Gradual Step-Based Pathway to Increase the General Fund Reserve Policy (Continued from December 13, 2016.  Item contains revised material.) 
From: Councilmember Worthington
Recommendation:
That the Council amend the General Fund Reserve Policy by utilizing a gradual step-based pathway to increase it incrementally, as well as providing a substantial increase in the short-term.
Financial Implications: See reportContact: Kriss Worthington, Councilmember, District 7, 981-7170

 

45. 

Referral Response: Establishment of Affordable Housing Small Sites Program (Continued from December 13, 2016)
From: City Manager 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

  

46. 

Contract No. 10088 Amendment: Executive Diversity Services, Inc. for Professional Consulting Services (Continued from December 13, 2016)
From: City Manager 
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 10088 with Executive Diversity Services, Inc. to provide diversity and inclusion training services to City employees by increasing the expenditure authorization by $285,000 for a total not to exceed $483,000.
Financial Implications:
Employee Training Fund - $285,000
Contact: Sarah Reynoso, Human Resources, 981-6800

  

47. 

Referral Response: Planning Commission Response to Council Referral to Allow Medical Office Use in the Mixed Use-Light Industrial District (Continued from December 13, 2016)
From: City Manager
Recommendation:
1. Affirm the Planning Commission’s recommendation to not allow Medical Office use in the Mixed Use-Light Industrial District (MU-LI);
--OR--
2. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapters 23E.80 and 23F.04 to allow Medical Office use in the Mixed Use-Light Industrial District (MU-LI).
Financial Implications:
Unknown
Contact: Carol Johnson, Planning and Development, 981-7400

 

Action Calendar - New Business

48a. 

Change Template for City Consent or Action Calendar Items to Include Access and Universal Design Considerations
From: Commission on Disability
Recommendation: Recommend that the submission template for City of Berkeley Council Consent and Action items include accessibility as a consideration for all items submitted.
Financial Implications: Staff time
Contact: Kenneth Emeziem, Acting Commission Secretary, 981-6300

 

48b. 

Companion Report: Change Template for City Consent or Action Calendar Items to Include Access and Universal Design Considerations
From: City Manager
Recommendation: Take no action in support of the recommendation made in the Commission on Disability’s report entitled “Change Template for City Consent or Action Calendar Items to include Access and Universal Design Considerations.”  The recommendation suggests adding a Section to the City Council Consent and Action Staff Report Templates entitled “Impact on Accessibility for Persons with Disabilities and Others.” 
Financial Implications:
Unknown
Contact: Kenneth Emeziem, Acting Commission Secretary, 981-6300

 

49a. 

Support for Oregon Park Senior Apartments
From: Housing Advisory Commission
Recommendation: Direct staff to work with Oregon Park Senior Apartments to undertake a physical needs assessment and to consider assistance with financing to address any issues identified in the physical needs assessment, and to hold the fines in abeyance in the interim.
Financial Implications:
None
Contact: Amy Davidson, Commission Secretary, 981-5400 

 

49b. 

Companion Report: Support for Oregon Park Senior Apartments
From: City Manager
Recommendation: Refer the Housing Advisory Commission’s recommendation that staff work with Oregon Park Senior Apartments (OPSA) to the Council prioritization process so that the Council can evaluate this recommendation in the context of other recommendations for the use of Housing & Community Services staffing resources.
Financial Implications: See report 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

Information Reports

  

50. 

Housing Accountability Act
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950

  

51. 

Referral Response: Steamworks
From: City Manager
 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

  

52. 

Berkeley Economic Dashboards, December 2016 Update
From: City Manager
Contact: Jordan Klein, Economic Development, 981-7530

  

53. 

Status Report: Performance Audit of the Payroll Audit Division
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

  
Public Comment - Items Not Listed on the Agenda - 

Adjournment in Memory of:

1.    Houston Smith, UC Berkeley Professor  

 

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 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date. 

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials.  Please help the City respect these needs. 

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 12, 2017. 

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 3: Emergency Measures to Address Homeless Crisis 

  1. Dorothea Dorenz  
  2. Eric Friedman  
  3. Gay Scott  
  4. James Wood (2)  
  5. Betsy Bigelow-Teller  
  6. Vicki Sommer  
  7. Mike Lee  
  8. Michael Stevens (3)  
  9. Viktor Salitrennik and Andrea Young  
  10. Sheila Goldmacher  
  11. Diana Bohn  
  12. Genevieve Wilson  
  13. Marcello Barbero (2)  
  14. Nova Blazej/Sophie Hahn  
  15. Anna Bellomo  
  16. Jack Bautista (2)  
  17. Joshua Bloom/Sophie Hahn  
  18. Joann Sullivan  
  19. Kyle Kloss (2)  
  20. Robert Lauriston  
  21. Emma Johnson-Weiss  
  22. Marguerite Conrad  
  23. Evan McDonald  
  24. Margy Wilkinson  
  25. Ethan Kanat  
  26. Phyllis Fox  
  27. Kathryn Horsley  
  28. Heather Hensley/Susan Wengraf  
  29. Dana Johnson  
  30. Sallie Hanna-Rhyne  
  31. Katharine Bierce  
  32. Carole Pertofsky  
  33. Helen Walker  
  34. Richard Roos-Collins  
  35. Alix Gade  
  36. Jon Rosso  
  37. Peter Levitt  
  38. Tree Fitzpatrick  

Item 7: Mental Health Services Act (MHSA) Fiscal Years (FY) 2016 - 2017 Annual Update  

  1. Eric Friedman  

Item 35: Referral to City Manager: “Step Up Housing” Initiative - Micro-Units to House Homeless and Very Low-Income People  

  1. Carol Denney  

Item 40: ZAB Appeal: 2597 Telegraph Avenue  

  1. Telegraph Business Improvement District  
  2. Aran Kaufer  

Crude by Rail Activities  

  1. Michael Brune, on behalf of the Sierra Club  

Election Comments  

  1. Joel Mark  

Broken Windows on 4th Street  

  1. William Tomaszewski  

Tuolumne Camp Support  

  1. Richard Thomason  
  2. Bill Rentz  
  3. Allan Sindelar  
  4. Elizabeth Powell  
  5. Carol Hart  

Public Record Act Request  

  1. Eric Friedman  

Accident at San Pablo Avenue/Blake Street  

  1. Maggie Hopkins  
  2. Cynthia Hallett/Cheryl Davila  
  3. Joseph Cadiz/Tamlyn Bright  
  4. Liz Williams  
  5. Lyan Pernala  
  6. Heidi Wohlwend  
  7. Holly Callahan  
  8. Bronson Frick  
  9. Rebecca Milliken  
  10. Carrie Bennett  

Berkeley Art Center  

  1. Paul & Helen Canin  
  2. Melinda diSessa  
  3. Christine Meuris  
  4. Elizabeth Sher  
  5. Susan Jokelson  
  6. Sally Goldstein  
  7. Joanna Foley  
  8. Sally Donnell  

Standard of Proof  

  1. Police Review Commission  

Shooting  

  1. Francie Maguire  

Berkeley Bike Plan  

  1. Preston Jordan, on behalf of Albany Strollers & Rollers  

Parking Permits  

  1. Madeline Lamperti  

Berkeley Animal Rights Center  

  1. Wayne Hsiung  

Drilling Wastewater/Livermore Aquifer  

  1. Kelly Hammargren  

Notice of Intent to File Suit/2750 Dwight Way  

  1. Theresa Rettinghouse  

1900 Fourth Street Project Notification  

  1. Kathleen McLean  

 

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 of the meeting.   
  • Supplemental Communications and Reports 3
    Available by 5:00 p.m. two days follow      

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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