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General Information
General Information

 

Regular Meeting eAgenda
May 12
, 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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 12, 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.


From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,401-N.S. 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.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,402-N.S. 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.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2015 Annual Appropriations Ordinance No. 7,384–N.S. for fiscal year 2015 based upon other adjustments in the amount of $29,399,224 (gross) and $22,376,748 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

From: City Manager
Recommendation: Adopt a Resolution:  1. Approving the FY 2015 Annual Report of the Telegraph Property and Business Improvement District and proposed budget for 2016; 2. Declaring Council's intention to levy an annual assessment for the TBID for FY 2016; and 3. Scheduling a public hearing on the levy of assessments for June 30, 2015.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

From: City Manager
Recommendation: Adopt a Resolution:  1. Approving the FY 2015 Annual Report of the North Shattuck Business Improvement District (NSBID) and proposed budget for 2016; 2. Declaring Council's intention to levy an annual assessment for the NSBID for FY 2016; and 3. Scheduling a public hearing on the levy of assessments for June 30, 2015.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the FY 2015 Annual Report for the Downtown Property and Business Improvement District (DPBID) and proposed budget for 2016; 2. Declaring Council's intention to levy an annual assessment for the DPBID for FY 2016; and 3. Scheduling a public hearing on the levy of assessments for June 30, 2015.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract with the Berkeley Chamber of Commerce for City-wide, multi-sector economic development marketing services for an amount not to exceed $40,920 for the period May 15, 2015 through January 31, 2016.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

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: Equipment Maintenance Fund - $150,000
Contact: Henry Oyekanmi, Finance, 981-7300

From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 66,298-N.S., Classification and Salary Resolution for Service Employees International Union Local 1021 (Community Services & PTRLA Chapter), to establish the classification of Social Services Specialist with a monthly salary range of $5,416 to $6,393 effective May 13, 2015.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 65,375-N.S., Classification and Salary for Service Employees International Union Local 1021 (Maintenance and Clerical Chapter), to establish the classification of Customer Service Specialist II with a monthly salary range of $4,614 - $5,113 effective May 13, 2015.
Financial Implications: None
Contact: David Abel, Human Resources, 981-6800

From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2016 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months for employees called up to involuntary active military service.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

  Council Consent Items

From: Mayor Bates
Recommendation: Adopt a Resolution supporting SB 32 (Pavley) which would establish a new statewide limit on greenhouse gas emissions - requiring that such emissions be reduced to 80% below 1990 levels by 2050.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

From: Mayor Bates
Recommendation: Request that the Transportation, Energy, and Community Environmental Advisory commissions explore expanding carsharing in the City of Berkeley to include point-to-point carsharing models. The commissions should examine policies adopted by other municipalities, in particular Oakland and Alameda, to facilitate point-to-point carsharing as well as other transportation-sharing innovations across multiple cities for possible implementation in Berkeley.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

From: Mayor Bates
Recommendation: Adopt a Resolution co-sponsoring Bike to Work Day to be held on May 14, 2015 in collaboration with the Bike East Bay and approving the expenditure of an amount not to exceed $750 per Councilmember, including $750 from Mayor Bates, for Bike to Work Day through the Bike East Bay 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 - $750
Contact: Tom Bates, Mayor, 981-7100

From: Councilmembers Anderson and Moore
Recommendation: The City should consider implementing the recommendations in the City of Berkeley: Review of Personnel Policies and Procedures Top-Line Report:  A. Department Audits - $45,000;  B. Inventory of EEO Complaints - $15,000;  C. Whistle Blowing Policy - $3,000;  D. Applicant and Employee Reporting - $15,000;  E. Nepotism Policy - $2,500;  F. Additional Staffing Needs of the Human Resources and EEO Departments-$4,500;  G. Improvements of Communication Methods - $7,000;  H. Revisions of the Personnel Rules - $8,000.
Financial Implications: To be determined
Contact: Max Anderson, Councilmember, District 3, 981-7130

From: Councilmember Arreguin
Recommendation: Adopt a Resolution in support of SB 548, also known as the Raising Child Care Quality and Accessibility Act, authored by State Senator Kevin de León. Send a copy of the resolution to Governor Jerry Brown, State Senators Kevin de León and Loni Hancock, and Assemblymember Tony Thurmond.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

From: Councilmembers Capitelli and Maio
Recommendation:
1. Allocate $500,000 from the General Fund Reserve to forward fund recommendations by the POE to healthy child/family community based programs.
2. Request that the POE recommend 50% of this amount ($250,000) to be forwarded to the Berkeley Unified School District to ensure that total school site programming offered to students through the Cooking and Gardening Program for 2015-16 exceeds that which was supported by the District in 2014-15.
3. Request that the POE establish procedures which will result in recommendations to the council for the expenditure of the remaining funds. Such recommendations to be forwarded to council by October 1, 2015.
4. Funds to be repaid to the General Fund Reserve as revenues from Measure D are collected.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

From: Councilmember Worthington
Recommendation: Refer to the 2015-2016 budget an allocation to perform an Availability Study to analyze the City's use of local, small emerging, minority and women business enterprises on City construction, architecture and engineering, professional services, and goods and other services contracts.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

From: Councilmember Worthington
Recommendation: Refer a new Mental Health Services employee and a Mobile Crisis Team to the 2015-2016 budget to be the primary point of contact for mental health crises and emergencies and to direct patients to mental health services.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

From: Councilmember Worthington
Recommendation: Refer $50,000 to the 2015-2016 budget process to be allocated to the Cesar Chávez Park Solar Calendar.
Financial Implications: $50,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

From: Councilmember Worthington
Recommendation: Sign the East Bay Municipal Utility District (EBMUD) pledge to partner in saving water and commit to reduce 2015 water usage by 20% compared to water usage in 2013.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

From: Councilmember Worthington
Recommendation: Respectfully request the Board of Library Trustees place, on the next possible board agenda, the topic of the naming of the South Berkeley branch library to Ms. Tarea Hall Pittman.
Financial Implications: Minimal
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 Hearing

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.


From: City Manager
Recommendation:
Conduct a public hearing regarding the FY 2016 and FY 2017 proposed budget.
Financial Implications: See Proposed FY 2016 and FY 2017 Budget
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

b. Council Comments on FY 2016 Work Plan
From: City Manager
Recommendation:
Discuss comments from Council on the FY 2016 Citywide Work Plan.
Financial Implications: See Work Plan
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution:  1. Confirming the assessments in the Engineer's Report, dated February 2015; and 2. Authorizing the levying of FY 2016 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25C and 25M of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on two streets.
Financial Implications: General Fund - $2,944
Contact: Andrew Clough, Public Works, 981-6300
  

  Action Calendar – Old Business


26.  a. Amendment to BMC Chapter 9.80 - Tobacco Retailers  (Continued from April 7, 2015)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 9.80.010, 9.80.020 and 9.80.035, and adding Sections 9.80.037 and 9.80.095, effective January 1, 2016, to:  1. Require a Tobacco Retail License (TRL) to sell Electronic Nicotine Delivery Systems (ENDS);  2. Prohibit sale of all tobacco products within a 1,000 foot buffer zone around schools and public parks, with a grace period of one to two years to minimize economic hardship; and  3. Define violation of Chapter 9.80 as a public nuisance.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Presentation 
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 9.80.010, 9.80.020 and 9.80.035, and adding Sections 9.80.037 and 9.80.095 as follows: 1. Require a Tobacco Retail License (TRL) to sell Electronic Nicotine Delivery Systems (ENDS);   2. Prohibit sale of all tobacco products within a 1,000 foot buffer zone around schools and public parks, with a grace period of one to two years to minimize economic hardship; and 3. Define violation of Chapter 9.80 as a public nuisance.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

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

28.  Implementing Participatory Budgeting in the City of Berkeley (Continued from April 28, 2015)
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 

  Action Calendar – New Business


From: City Manager
Recommendation: Adopt first reading of an Ordinance requiring cell phone retailers to provide a notice with each sale or lease concerning the carrying of cell phones, and adding Berkeley Municipal Code Chapter 9.96.
Financial Implications: Staff time
Contact: Zach Cowan, City Attorney, 981-6950

From: City Manager
Recommendation:
A. That Council selects either:
Option 1 for the Sanitary Sewer Rates, with phased-in increases over 5 years of 46.0% in FY 2016, 24.2% in FY 2017, 14.2% in FY 2018, 7.0% in FY 2019, and 3.6% in FY 2020.

-OR-

Option 2 for the Sanitary Sewer Rates, with phased-in increases over 5 years of 29.3% in FY 2016, 20.6% in FY 2017, 20.6% in FY 2018, 10.1% in FY 2019, and 3.6% in FY 2020.
B. Direct staff to initiate a Proposition 218 protest process, and schedule a Public Hearing for June 30, 2015 for the Sanitary Sewer rate increases.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Information Reports

From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300

From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

36.**Removed from Agenda by City Manager** Portable Sign Pilot Program Expansion
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300


Public Comment – Items Not Listed on the Agenda –

Adjournment

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.

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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 30, 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.

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