311 City Services
  • Online Services
  • For City services in many
  • languages, call
  • 311 or 510-981-2489

Translation Disclaimer

Quick Links

 

General Information
General Information

 

Regular Meeting eAgenda
April 28
, 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.

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.

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

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 28, 2015

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

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.

1.   City Manager Referral: Update Administrative Hearing Procedure Regulations
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to promulgate guidance to City hearing officers for fair hearing procedures and rescinding Resolution No. 47,053-N.S. and Resolution No. 48,354-N.S.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

2.   Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of March 9, 2015 (special closed), March 10, 2015 (special and regular), March 17, 2015 (special closed, special and regular), and March 24, 2015 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

3.   City Council Rules of Procedure and Order
From: City Manager
Recommendation:
Adopt a Resolution revising the City Council Rules of Procedure and Order to establish a policy for the distribution of, and access to, confidential closed session documents by the Mayor and Members of the City Council, making a minor technical clarification regarding City Council recess periods, and rescinding Resolution No. 66,965-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

4.   Donation to the Animal Shelter from Every Dog Has Its Day Care
From: City Manager
Recommendation:
Adopt a Resolution accepting a donation from Every Dog Has Its Day Care in the sum of $1,900.
Financial Implications: $1,900 (Donation)
Contact: Dee Williams-Ridley, City Manager’s Office, 981-7000

5.   Amending BMC Section 14.48.200 Sidewalk Cafe Seating, Benches and Planters
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 14.48.200 to allow for café seating within 25 feet of a fire hydrant or curb return in such cases where City staff has determined that the geometry of the roadway has been designed to accommodate, or will accommodate, Sidewalk Seating. City staff shall be defined as the Transportation Manager, City Engineer or Fire Marshall.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

6.   Write-off of Uncollectible Account Receivable Due From Magik Group
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to write off an uncollectible outstanding accounts receivable for Telegraph/Channing Lease for $19,888 due from Magik Group.  The amount recorded in the City's general ledger by the Finance-Revenue Collection Division is $19,888.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

7.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on April 28, 2015
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 - $2,890,000
Contact: Henry Oyekanmi, Finance, 981-7300

8.   Contract No. 9696 Amendment: Bay Area Community Resources for Provision of AmeriCorps Members
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 9696 with Bay Area Community Resources (BACR) increasing the not to exceed amount by $2,000 for a total not to exceed amount of $86,000 through June 30, 2015, and extending the term of the AmeriCorps member stationed at the Ann Chandler Public Health Clinic to June 30, 2015.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

9.   Contract No. 8865B Amendment: Accela, Inc. for Professional Services and Software Maintenance
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 8865B with Accela, Inc., for professional services and software maintenance, increasing the amount by $347,040, for a total not to exceed $1,150,949, from December 12, 2011 to June 30, 2016.
Financial Implications: Various Funds - $347,040
Contact: Donna LaSala, Information Technology, 981-6500

10.  Amendments to Contract No. 9611 with Nichols Consulting Engineers, and Contract No. 9600 with Harrison Engineering, Inc. for Professional Services
From: City Manager
Recommendation:
 
1.  Adopt a Resolution authorizing the City Manager to amend Contract No. 9611 with Nichols Consulting Engineers, Inc. for on-call engineering services, increasing the contract by $1 million for a total amount not to exceed $2.2 million.
2.  Adopt a Resolution authorizing the City Manager to amend Contract No. 9600 with Harrison Engineering, Inc. for on-call engineering services, increasing the contract by $400,000 for a total amount not to exceed $1 million.
Financial Implications: Measure M Fund - $1.4 million
Contact: Andrew Clough, Public Works, 981-6300

11.  Contract: Express Plumbing, Inc. for Sanitary Sewer Rehabilitation Project on Shattuck Avenue and Addison Street
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving the plans and specifications for the Sanitary Sewer Project, 15-10877-C, located on Shattuck Avenue and Addison Street; 2.  Accepting the bid of the lowest responsive and responsible bidder, Express Plumbing, Inc.; and 3.  Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,107,534.
Financial Implications: Sanitary Sewer Operation - $1,107,534
Contact: Andrew Clough, Public Works, 981-6300

12.  Contract No. 9626 Amendment: Conversion Management Associates, Inc. for the Center Street Garage Replacement Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 9626 with Conversion Management Associates, Inc. to: 1.  Include phase II, design development and construction documents, continued financing development, and other related services for the Center Street Garage Replacement project; and 2.  Increase the contract amount by $2.6 million, for an amended total not to exceed $3.6 million, for the existing contract period ending December 31, 2018.
Financial Implications: Off Street Parking Fund - $2.6 million
Contact: Andrew Clough, Public Works, 981-6300

13.  Contract: GradeTech, Inc. for Potter Street/Bay Street/Bolivar Drive Paving
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving plans and specifications for the Potter Street/Bay Street/Bolivar Drive Paving Project, Specification No. 15-10920-C;  2.  Accepting the bid of GradeTech, Inc. as the lowest responsive and responsible bidder; and  3. 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 in an amount not to exceed $993,904.
Financial Implications: Various Funds - $993,904
Contact: Andrew Clough, Public Works, 981-6300

14.  Contract No. 9488A Amendment: Berry Brothers Towing for Towing Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9488A with Berry Brothers Towing to provide towing services for Public Works Equipment Maintenance, increasing the amount of Contract No. 9488 by $50,000 for an amended total not to exceed $90,000 and extending the term to June 30, 2017.
Financial Implications: Equipment Maintenance Fund - $50,000
Contact: Andrew Clough, Public Works, 981-6300

15.  Lease Agreement: Revolution Books at 2444 Durant Avenue
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Everybody's Bookstore, Inc., dba Revolution Books, for an initial term of 5 years with two 5-year options to extend, located at 2444 Durant Avenue in the Telegraph Channing Mall.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

16.  Board of Library Trustees Reappointment: Julie Holcomb and Jim Novosel
From: Board of Library Trustees
Recommendation:
Adopt a Resolution Approving the Reappointing of Julie Holcomb and Jim Novosel to the Board of Library Trustees ("BOLT") for a second term of four years commencing May 15, 2015 and ending May 15, 2019.
Financial Implications: None
Contact: Jeff Scott, Commission Secretary, 981-6100

Council Consent Items

17.  Budget Referral: Berkeley High School Bridge Program
From: Mayor Bates
Recommendation:
Refer $54,000 to the FY 2016 and FY 2017 Budget process to support the Berkeley High School Bridge Program.
Financial Implications: $54,000
Contact: Tom Bates, Mayor, 981-7100

18.  Convey the Berkeley City Council's Support of Assembly Bill 1335 (Atkins) and AB 35 (Chiu and Atkins) to Speaker of the Assembly Toni Atkins
From: Councilmembers Maio, Capitelli, and Droste
Recommendation:
Send a letter of support of Assembly Bill 1335 (Atkins) and AB 35 (Chiu and Atkins) to Speaker of the Assembly Toni Atkins.
Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110

19.  Travel Moratorium and Divestment from Indiana in Response to Recent “Religious Freedom Restoration Act”
From: Councilmembers Moore and Droste
Recommendation:
Impose a moratorium on any publicly-funded all non-essential travel to Indiana and, if not repealed, urging the City Manager to refrain from entering into new contracts and consider discontinuing existing contracts with businesses headquartered in Indiana.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

20.  Support AB 101, Ethnic Studies Education for High School Students in the State of California
From: Councilmembers Moore, Droste, and Anderson
Recommendation:
Adopt a Resolution supporting AB 101, State Assembly bill that would require public high schools to offer ethnic studies curriculum to their students.  That the City Clerk send a copy of the resolution to Governor Jerry Brown, Senator Loni Hancock, Assemblymember Tony Thurmond, Assemblymember Rob Bonta and Assemblymember Luis Alejo.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

21.  Refer $200,000 to the FY 2016/2017 Budget Process for Capital Improvements and Capacity Building for Kala Art Institute
From: Councilmembers Moore and Capitelli
Recommendation:
Refer $200,000 to the FY 2015/2016 budget process for facility improvements and capacity building for Kala Art Institute.
Financial Implications: $200,000
Contact: Darryl Moore, Councilmember, District 2, 981-7120

22.  Apply for Alameda County Transportation Commission Funds to Implement Railroad Quiet Zones
Revised materials
From: Councilmembers Moore and Maio
Recommendation:
Direct the City Manager to apply to the Alameda County Transportation Commission for funds from Measure BB in order to take the necessary steps towards planning and implementation of a railroad quiet zone for West Berkeley.
Financial Implications: Staff time
Contact: Darryl Moore, Councilmember, District 2, 981-7120

23.  Supporting Assembly Speaker Atkins’ Affordable Housing Package
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution supporting Assembly Speaker Toni Atkins’ Affordable Housing Package consisting of Assembly Bills (AB) 35, AB 90, AB 1056, and AB 1335, and urging the Speaker and State Legislature to earmark funding in the Affordable Housing Package for student housing at UC and CSU campuses.  Copies of the resolution are to be sent to Governor Jerry Brown, Assembly Speaker Toni Atkins, State Senator Loni Hancock, and Assemblymember Tony Thurmond.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

24.  Referral to Reduce Urban Water Usage by 25%
From: Councilmember Arreguin
Recommendation:
Refer the City Manager and the Public Works and Community Environmental Advisory Commissions to review Governor Brown's Executive Order to reduce urban water usage by 25% of 2013 levels and provide recommendations to meet these requirements.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

25.  Proclaiming May 2015 as Mental Health Month
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution proclaiming May 2015 as Mental Health Month in the City of Berkeley.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

26.  In Support of Banning Clearcutting in California
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution urging the California State Legislature to pass a ban on the use of clearcutting. Send a copy of the resolution to Governor Jerry Brown, State Senator Loni Hancock, and Assemblymember Tony Thurmond.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

27.  Refer to the City Manager to Amend the Municipal Code to Allow for Appointments of Alternates to Serve Temporarily on Commissions
From: Councilmembers Capitelli, Maio, and Moore
Recommendation:
Refer to the City Manager to amend the Berkeley Municipal Code to allow for the appointment of Alternate Commissioners to serve temporarily on commissions.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

28.  Letter of Support for Senate Bill 203 (2015) Sugar-Sweetened Beverages: Safety Warning by Senator Monning
From: Councilmembers Capitelli, Maio, Moore, and Droste
Recommendation:
Adopt a Resolution in Support of Senate Bill 203 and send a letter of support to State Senator Loni Hancock and State Assemblymember Tony Thurmond for Senate Bill 203, Sugar-Sweetened Beverage Safety Warning. Send a copy of the resolution and these letters to State Senator Bill Monning, District 17.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

29.  Letter in Support of State Funding of Adult Education Programs
From: Councilmember Wengraf
Recommendation:
Write a letter to Governor Brown in support of state funding all of Adult Education Programs in California..  Send a copy of the letter to State Senator Hancock and State Assembly Member Thurmond.
Financial Implications: Minimal
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

30.  Berkeley Historical Plaque Project: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Councilmember Wengraf, to the Berkeley Historical Plaque Project with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $500
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

31.  Proclamation in Honor of Rafael Jesús González
From: Councilmembers Worthington and Arreguin
Recommendation:
Adopt a proclamation honoring Rafael Jesús González with the Lifetime Achievement Award for his years of promoting poetry, literature, literacy, and political consciousness in our communities to be presented at the 13th Annual Berkeley Poetry Festival.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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.

32.  Allocations of FY2016-2017 Funds for Community Agencies and Submission of the 2015-2020 Consolidated Plan, Including the PY2015 Annual Action Plan
From: City Manager
Recommendation:
Conduct a Public Hearing on 1) the allocation of funds for community agencies for FY2016 and FY2017 and 2) the 2015-2020 Consolidated Plan, including the Program Year (PY) 2015  Annual Action Plan (AAP), and upon conclusion:
1.   Adopt a Resolution: a. Approving proposed funding allocations under the PY2015 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); and b. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; and c. Allocating 90% of the PY2015 HOME funds to the Housing Trust Fund, and 10% for program administration; and d. Authorizing the City Manager to submit the 2015-2020 Consolidated Plan, including the PY 2015 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD), addressing any public comments; and
2.   Adopt a Resolution approving the proposed FY 2016-17 CDBG funding for Biotech Partners, Inc. and authorizing the execution of resultant agreements and amendments with Biotech Partners, Inc.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

33.  ZAB Appeal: 524 Cragmont Avenue
Attachment 10, Admin Rec Pt 1
Attachment 10, Admin Rec Pt 2
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) and modifying the conditions of approval to approve Administrative Use Permit No. 2013-0159 to rebuild and expand a home destroyed by fire.  The project would add a new third floor, add a three-story addition at the back of the house, and continue the non-conforming setbacks in the front and east side yard setbacks.  These additions would add 1,357 square feet to the dwelling, resulting in a 3,054 square-foot residence with 402 square-foot garage.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

34.  Adoption of the Updated Berkeley Housing Element 2015-2023
Attachment 2, Exhibit A
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion: 1.  Adopt a Resolution adopting the Negative Declaration; and 2.  Adopt a Resolution amending the General Plan to adopt and incorporate the Berkeley Housing Element 2015-2023, and rescinding Resolution No. 65,067-N.S.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – Old Business

35.  Setting a Fifty Percent Citywide Solar Goal and Establishing a Solar Taskforce (Continued from April 7, 2015)
From: Councilmember Worthington
Recommendation: Adopt a Resolution setting a citywide solar goal of obtaining fifty percent of the City's energy needs from solar power by 2030 and establishing a solar taskforce to prioritize potential steps to achieve this goal.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

36.  Amending BMC Chapter 13.42 to Adopt Additional Operating Standards for Mini-Dorms and Group Living Accommodations (Continued from March 24, 2015)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the title of Chapter 13.42 and Sections 13.42.010, 13.42.020, 13.42.030, 13.42.035, and 13.42.040 of the Berkeley Municipal Code ("BMC") to adopt additional operating standards for Mini-dorms and to extend these standards to all group living accommodations ("GLAs"), in specified districts.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

 

Council Action Calendar

37.  City Density Bonus
Supplemental materials
From: Mayor Bates and Councilmember Capitelli
Recommendation:
Request that the City Manager draft an ordinance to implement a City density bonus that would serve as an option to the State density bonus. The City density bonus would mirror the State bonus by allowing housing projects (rental units and condominiums) of five or more units to receive a bonus of up to 35% increased density if the project contributes to the supply of affordable housing. For rental projects, the City bonus fee would be $10,000 per unit, in addition to the City’s affordable housing mitigation fee, which is currently $20,000 per unit for rental projects. For condominium projects, the City bonus fee would be $10,000 per unit in addition to any affordable housing mitigation fee that the City Council adopts for condominium projects.  Rental and condominium projects opting for the City density bonus would pay the $10,000 new fee and the affordable housing mitigation fee on the project’s base units, not the density bonus units. The City density bonus fee of $10,000 could be changed by subsequent Council resolution.  Projects that already have building permits and are fully entitled for bonus density at the time this ordinance takes effect would be allowed to opt for the City density bonus by paying the fee when the Certificate of Occupancy is issued. After the ordinance is adopted, other future projects would pay the fee when the project’s building permit is issued.  Request also that the City Manager review the City’s Affordable Housing Mitigation Fee ordinance to insure compatibility with the City density bonus and amend if necessary.  Request also that the proposed ordinance and any amendment to the Affordable Housing Mitigation Fee ordinance be reviewed by the Housing Advisory and Planning commissions prior to presentation to the City Council for adoption.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

38.  City Manager Referral: Allow Public Comment to be Submitted Online
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to allow public comments to be submitted through an online form to be included in every agenda packet.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

39.  Implementing Participatory Budgeting in the City of Berkeley
From: Councilmember Worthington
Recommendation:
Berkeley City Council should implement a participatory budgeting process that allows Berkeley residents to decide how to spend money not in the City Manager's budget and new money that becomes available after the City Manager's proposed budget.
Financial Implications: To be determined
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

40.  Endorsing and Co-Sponsoring the 2015 Community Resilience Challenge and Refer $1,000 for the Challenge
From: Councilmember Worthington
Recommendation:
1.  Adopt a Resolution Endorsing the 2015 Community Resilience Challenge; and 2.  Co-Sponsor the 2015 Community Resilience Challenge; and 3.  Refer to City Manager an Expenditure of $1,000 for the 2015 Community Resilience Challenge.
Financial Implications: $1,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

41.  Audit Implementation Status Report: Parks Recreation & Waterfront Department Cash Handling Audit
From: City Manager
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

42.  LPC-NOD: 2727 Milvia Way
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

43.  Audit Response – Injury Prevention: Better Investigations and Data Use Will Help the Berkeley Police Department and the City (Audit Report)
From: City Manager
Contact: Michael Meehan, Police, 981-5900

44.  Status Report: Equipment Replacement Fund - Sustainability and Transparency
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

45.  Update: City Water Conservation and Use Reduction
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300; Scott Ferris, Parks, Recreation and Waterfront, 981-6700; Eric Angstadt, Planning and Development, 981-7400

Public Comment – Items Not Listed on the Agenda –

Adjournment in memory of:

1.    Jacques Kaswan

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
 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 April 16, 2015.

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. 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.

 

Home | Residents | Businesses | Visitors | Services | Elected Officials
Web Policy | Text-Only Site Map | Contact Us
City of Berkeley - Central Administrative Offices, 2180 Milvia St, Berkeley, CA 94704
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###