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General Information
General Information


Regular Meeting eAgenda
March 10
, 2015




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.


  • 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.

Tuesday, March 10, 2015
7:00 P.M.
Council Chambers – 2134 Martin Luther King Jr. Way
Tom Bates, Mayor

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

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 Council Member 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 previously addressed that item during the Consent Calendar related public comment period.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,397-N.S. repealing the Residential and Commercial Energy Conservation Ordinances (RECO and CECO), BMC Chapters 19.16 and 19.72, and adding the revised Building Energy Saving Ordinance, BMC Chapter 19.81.
First Reading Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Droste, Bates; Noes – None; Abstain – Wengraf.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
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: General Fund - $150,000
Contact: Christine Daniel, Finance, 981-7300
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 65,376-N.S., Classification and Salary Resolution for Unrepresented Employees, to increase the salary for the Psychiatrist Supervisor classification by 5% effective March 15, 2015.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7489D with Software AG for WebMethods Enterprise Service Bus ("Middleware") and Composite Application Framework (CAF) licensing, maintenance, and professional services, increasing the amount by $250,000, for a total not to exceed $556,055 from December 21, 2007 to June 30, 2017.
Financial Implications: General Fund - $250,000
Contact: Donna LaSala, Information Technology, 981-6500
From: City Manager
Recommendation: Adopt first reading of an ordinance requiring liquor stores within certain designated commercial corridors to install digital video camera surveillance upgrades to their locations within six months of the passage of the ordinance, and adding Berkeley Municipal Code Chapter 9.12.
Financial Implications: None
Contact: Michael Meehan, Police, 981-5900
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Marcela Escamilla Gutierrez dba Tearrific, for an initial term of 5 years with one 5-year option to extend, located at 2432 Durant Avenue in the Telegraph Channing Mall.
Financial Implications: Off-Street Parking Fund - $93,334 (Revenue)
Contact: Andrew Clough, Public Works, 981-6300

Council Consent Items
From: Mayor Bates and Councilmembers Arreguin and Maio
Recommendation: Adopt a Resolution celebrating the 40th Anniversary of BAHIA and approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Bates and Councilmember Arreguin, to BAHIA with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Fund - $250
Contact: Tom Bates, Mayor, 981-7100
From: Councilmember Maio
Recommendation: Conduct a study of current conditions, including communication with BART representatives, and new traffic control infrastructure on Sacramento Street at the North Berkeley BART Station, with emphasis on cost sharing of appropriate mechanism to enable pedestrians to safely cross Sacramento north of Delaware Street.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110
From: Councilmembers Maio and Arreguin
Recommendation: Refer to the FY 2015/2016 budget process an allocation of $50,000 for appropriate traffic controls, such as a pedestrian crossing light, on University Avenue from Martin Luther King, Jr. Way to California Street.
Financial Implications: $50,000
Contact: Linda Maio, Councilmember, District 1, 981-7110
From: Councilmembers Moore, Capitelli, Droste, and Mayor Bates
Recommendation: Refer $80,000, $10,000 for each of the eight (8) City Council offices, to allow City Councilmembers to pay salaries that are commensurate to other employees who do equivalent work, within the City and in other jurisdictions.  Discretionary non-personnel budgets of City Council offices shall be reduced by $32,000, $4,000 per office, to help offset financial implications of the increase to the personnel budget.  Personnel budgets are earmarked for the sole purpose of paying employee salaries and cannot be reallocated for other purposes.
Financial Implications: $48,000
Contact: Darryl Moore, Councilmember, District 2, 981-7120
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving city co-sponsorship of the Urban Air Market street fair that will be held in Berkeley on Saturday, June 20, 2015.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
From: Councilmember Arreguin
1. Adopt a Resolution: a. Declaring the period of March 20, 2015 to April 23, 2015 as the Cesar Chavez/Dolores Huerta Commemorative Period in the City of Berkeley; 
b. Approving the renaming of the "Berkeley Cesar Chavez Commemorative Planning Committee" to the "Chavez/Huerta Commemoration Committee"; and  c. Reiterating the City of Berkeley's support for designating March 31 as a federal Cesar Chavez Holiday. 
2. Direct the City Manager to post on the City's event calendar Chavez/Huerta Commemorative events.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
From: Councilmembers Arreguin and Maio
Recommendation: Adopt a motion:  1. Directing the City Manager to work with the Downtown Berkeley Association (DBA) to implement the Positive Change Donation Box Pilot Program, specifically: Directing the Public Works Department to review and approve locations for the installation of donation boxes on City poles. Positive Change donation boxes will be installed up to ten locations by DBA, pre-approved by City of Berkeley Public Works Department. The DBA will start with installation of five boxes as per attached initial location deployment, as reviewed with Public Works Department. Additional locations also to be reviewed by Public Works. 
2. Expressing support for the Positive Change Donation Box Pilot Program, specifically allocating donations received to the Berkeley Food and Housing Project to provide a variety of homeless services.
Financial Implications: Minimal
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

 Information Reports
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
From: City Manager
Contact: Christine Daniel, City Manager, 981-7000
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
From: Fair Campaign Practices Commission
Contact: Savith Iyengar, Commission Secretary, 981-6950

Public Comment – Items Not Listed on the Agenda –
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/video and KPFB Radio 89.3.
Archived indexed video streams are available at
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


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

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 February 26, 2015

 Mark Numainville, City Clerk


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.  Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.


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