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General Information
General Information

Regular Meeting eAgenda
May 26
, 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 26, 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, 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. Amendment: FY 2015 Annual Appropriations Ordinance 
    From: City Manager  
    Recommendation: Adopt second reading of Ordinance No. 7,403-N.S. 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).
    First Reading Vote: All Ayes. 
    Financial Implications: See report 
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
  1. Requiring Notice Concerning Carrying of Cell Phones; Adding BMC Chapter 9.96  
    From: City Manager  
    Recommendation: Adopt second reading of Ordinance No. 7,404-N.S. 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.  
    First Reading Vote: All Ayes.  
    Financial Implications: Staff time  
    Contact: Zach Cowan, City Attorney, 981-6950  
  2. Minutes for Approval 
    From: City Manager  
    Recommendation: Approve the minutes for the Council meetings of April 7, 2015 (special and regular), and April 28, 2015 (special and regular).  
    Financial Implications: None  
    Contact: Mark Numainville, City Clerk, 981-6900    
  1. Lease Agreement: Habitot Children’s Museum for Existing City-owned Parking Lot at the Northeast Corner of Alcatraz Avenue & Adeline Street 
    From: City Manager  
    Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the Habitot Children's Museum (Habitot) to use City property at the northeast corner of Alcatraz Avenue and Adeline Street (Parcel No. 52-1528-15-4) for a term anticipated to begin July 1, 2015 and ending June 30, 2020, with two options to extend for additional 5-year periods, contingent upon Habitot securing the necessary permits to occupy space in the adjacent building at 3271 Adeline Street/1833 Alcatraz Avenue.  
    Financial Implications: See report  
    Contact: Michael Caplan, Economic Development, 981-7530   

  1. Contract: Hargis & Associates for Sworn Fire and Police Promotional Examination Services 
    From: City Manager  
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Hargis & Associates for sworn fire and police promotional examination services for the period of July 1, 2015 to June 30, 2018, with an option to extend for two additional 1-year terms, for a total amount not to exceed $250,000.  
    Financial Implications: See report  
    Contact: Gil Dong, Fire, 981-3473  

  1. Donation: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program 
    From: City Manager  
    Recommendation: Adopt a Resolution accepting a $30,765 donation to the Berkeley Meals on Wheels Program from the Alameda County Meals on Wheels Agency.  
    Financial Implications: $30,765 (Donation)  
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. Contract: Berkeley Unified School District for Workplace Skills Training for YouthWorks Employment Program 
    From: City Manager  
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole-source expenditure contract and any amendments or extensions with the Berkeley Unified School District (BUSD) to provide workplace skills training to prepare YouthWorks participants for summer employment in an amount not to exceed $20,000 for the period June 1, 2015 through July 31, 2018.  
    Financial Implications: General Fund - $20,000  
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400   
  1. Mental Health Services Act (MHSA) Fiscal Years (FY) 2015 through 2017 Three Year Program and Expenditure Plan 
    From: City Manager 
    Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Years (FY) 2015 through 2017 Three Year Program and Expenditure Plan which provides information on current and proposed uses of funds on mental health programming; continuing all Community Services & Supports (CSS), and Prevention & Early Intervention (PEI) services through June 30, 2016; and forwarding the MHSA Three Year Program and Expenditure Plan to appropriate state officials. 
    Financial Implications: See report 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. Agreement for the City to Provide Sports Officials for Berkeley Unified School District Afterschool Sports Programs 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an agreement and any amendments with the Berkeley Unified School District (BUSD) to provide City sports officials at cost for BUSD elementary afterschool sports programs. 
    Financial Implications: See report 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700  
  2. Grant Agreement:  State Coastal Conservancy for the Berkeley Shoreline Access Staging Area Project 
    From: City Manager 
    Recommendation: Adopt a Resolution approving the grant of funds in the amount of $500,000 from the State Coastal Conservancy for the Berkeley Shoreline Access Staging Area Project, and authorizing the City Manager or her designee to act as a representative of the grantee, to negotiate and execute on behalf of the grantee all agreements and amendments and instruments necessary to complete the project and to comply with the Conservancy's grant requirements, including, without limitation, the grant agreement. 
    Financial Implications: $500,000 (Revenue) 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1. Waiver of Annual Marina Berth Fees for Non-Profits 
    From: City Manager 
    Recommendation: Adopt a Resolution: 1.  Affirming the determination by City staff and the Parks and Waterfront Commission that three non-profit organizations at the Berkeley Marina (Berkeley Racing Canoe Club, Cal Sailing Club, and The Pegasus Project) are in full compliance with all aspects of Resolution No. 66,544-N.S.; and  2.  Approving the annual waiver of berth fees for the three groups for FY 2016. 
    Financial Implications: See report 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1. Amending BMC Chapter 12.48 Residential Rental Housing Safety Program to Remove Obsolete Language and Make Clarification of the Process 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance amending Chapter 12.48, Sections 12.48.050, 12.48.070, 12.48.080, 12.48.110 of the Berkeley Municipal Code ("BMC") to provide for an informal review by the Building Official of notices issued pursuant to that Chapter, to allow a prevailing party to recover attorneys' fees in an action brought to enforce the Chapter by the City and to eliminate the outdated references to the "Housing Department" and other obsolete language. 
    Financial Implications: See report 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1. Amending BMC Chapter 19.44 to Extend the Date of Appeal Hearings 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance amending Chapter 19.44, Section 19.44.040 of the Berkeley Municipal Code ("BMC") to extend the date by which an appeal hearing must be scheduled before the Housing Advisory Commission ("HAC") from 30 to 45 days from the appeal date. 
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1. Grant Applications: Active Transportation Program for Safe Routes to School 
    From: City Manager 
    Recommendation: Adopt two Resolutions authorizing the City Manager to submit grant applications to the Caltrans Active Transportation Program for Safe Routes to School for traffic safety improvements at John Muir Elementary School for up to $391,875; and at Oxford Elementary School and Jefferson Elementary School for up to $327,750.
    Financial Implications: $719,625 (Revenue) 
    Contact: Andrew Clough, Public Works, 981-6300  
  2. Funding and Cooperative Agreement: BART for Downtown Berkeley Bike Station 
    From: City Manager  
    Recommendation: Adopt a Resolution authorizing the City Manager to enter into a 2-year contract with BART for continued operation of the Downtown Berkeley Bike Station, for $60,000 annually, for a total not to exceed $120,000.  
    Financial Implications: See report  
    Contact: Andrew Clough, Public Works, 981-6300 

  1. Grant Application: Active Transportation Program for 9th Street Pathway 
    From: City Manager  
    Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Caltrans Active Transportation Program for completion of the 9th Street Bicycle Boulevard Extension Pathway Phase II for an amount up to $850,250.  
    Financial Implications: $850,250 (Revenue)  
    Contact: Andrew Clough, Public Works, 981-6300
  1. Grant Applications: Active Transportation Program Funds for Pedestrian Plan Projects 
    From: City Manager  
    Recommendation: Adopt a Resolution authorizing the City Manager to submit grant applications to the Caltrans Active Transportation Program for pedestrian traffic safety improvements identified as 6 of the High Priority Projects within the Berkeley Pedestrian Master Plan, for a total amount of almost $3 million.  
    Financial Implications: See report  
    Contact: Andrew Clough, Public Works, 981-6300 
  1. Annual Meetings of Commission Appointees 
    From: Commission on Aging  
    Recommendation: That all City Council members and the Mayor hold annual "working" meetings that gather together their appointed Commission members.  The purpose of the meetings would be for personal contact, information sharing and networking.  
    Financial Implications: Minimal  
    Contact: Leah Talley, Commission Secretary, 981-5400

Council Consent Items
 
  1. Support of SB 593 (McGuire) – Thriving Communities and Sharing Economy Act  
    From: Mayor Bates  
    Recommendation: Adopt a Resolution: 1. Supporting Senate Bill 593 (McGuire), the Thriving Communities and Sharing Economy Act, which would require hosting platforms of short-term rentals to report quarterly to cities and counties, prohibit hosting platforms from listing rentals prohibited by local laws, and require hosting platforms to collect and remit the transient occupancy tax. SB 593 would also grant cities and counties the power to levy fines for noncompliance; and 2. Directing the City Manager to write a letter to Senator McGuire, Senator Hancock, and Assemblymember Thurmond, indicating the City of Berkeley’s support for the legislation.    
    Financial Implications: None  
    Contact: Tom Bates, Mayor, 981-7100    
  1. Official City Sponsor of Berkeley High School All-Class Reunion: Relinquishment of Council Budget Funds to General Fund and Grant of Such Funds 
    From: Mayor Bates and Councilmember Moore  
    Recommendation: Adopt a Resolution approving City sponsorship of the Berkeley High School All-Class Reunion to be held on August 22, 2015 and approving the expenditure of an amount not to exceed $2,034 per Councilmember including up to $2,034 from Mayor Bates for the Berkeley High School All-Class Reunion through their fiscal sponsor, Berkeley High School Development Group with funds relinquished to the City's General Fund for this purpose from the discretionary Council office budgets who would like to contribute.  
    Financial Implications: Mayor's Discretionary Funds - $2,034  
    Contact: Tom Bates, Mayor, 981-7100   

  1. Short-Term Rental Regulations Referral 
    From: Mayor Bates and Councilmember Droste 
    Recommendation: Refer to the Planning and Housing Advisory commissions regulations that would legalize short-term rentals, defined as rentals not exceeding 14 consecutive days, in both single-family and multi-family buildings with the following recommended guidelines:   

    The property must be owner/tenant-occupied at least 9 months of the year and the property may not be rented more than 90 days if the host is not present, with no limit to the amount of rental days when the host is present 

    Either the host or rental-platform company must pay the transient occupancy tax and an additional enforcement fee, to be established as a percentage of rents, not exceed the cost of the program  

    The host must have a valid business license and be covered by liability insurance of at least $500,000 

    The host must notify abutting and confronting neighbors that he/she will be making short-term rentals available 

    When the host is not present, he/she must designate a local contact to handle complaints  

    Short-term rentals in rental housing require approval from the building owner or property management company 

    Short-term rentals are subject to the Second-Response Ordinance and upon a third violation within 180 days, the host would be prohibited from operating a short-term rental for one year 

Request the City Manager direct staff to provide information to the commissions, as part of their considerations, on the status of the bed and breakfasts provided amnesty in 2003 as per BMC 23C.06. 

Financial Implications: See report  
Contact: Tom Bates, Mayor, 981-7100 

     

  1. Support of H.R. 1679 (Garamendi) to Regulate the Transport of Explosive Crude Oil by Rail 
    From: Councilmembers Maio and Moore  
    Recommendation: Send a letter of support of H.R. 1679 (Garamendi).  
    Financial Implications: Staff time  
    Contact: Linda Maio, Councilmember, District 1, 981-7110   

  1. Official City Sponsorship of Berkeley Humane Society's "Pints for Paws" Event 
    From: Councilmember Moore  
    Recommendation: Approve City sponsorship of Berkeley Humane Society's "Pints for Paws" Event.  
    Financial Implications: None  
    Contact: Darryl Moore, Councilmember, District 2, 981-7120 

  1. Breathmobile: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
    From: Councilmember Anderson  
    Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $70 per Councilmember including $70 from Councilmember Max Anderson to the Breathmobile for May is World Asthma Day, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute. This awareness event is held throughout the month of May to coincide with the peak season for asthma & allergy sufferers. The total amount of $500 that is needed for this event will be used for a celebration at Malcolm X School for the Berkeley community.  
    Financial Implications: Councilmember’sDiscretionary Funds - $70  
    Contact: Max Anderson, Councilmember, District 3, 98-7130  
  1. Referral to City Manager: Amendments to Berkeley Housing Element 2015-2023 
    From: Councilmember Arreguin 
    Recommendation: Refer to the City Manager the amendments to the 2015-2023 Berkeley Housing Element attached to the report for review and to include in a future update to the Housing Element. 
    Financial Implications: Staff time 
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1. Support of the Reproductive Freedom, Accountability, Comprehensive Care and Transparency Act (FACT), AB 775 (Chiu, D-San Francisco and Burke, D-Los Angeles) 
    From: Councilmembers Wengraf and Maio 
    Recommendation: Adopt a Resolution supporting AB 775.  Request that City Clerk send signed copies of the resolution to our representatives, State Senator Loni Hancock and Assembly Member Tony Thurmond and Governor Jerry Brown.  Also send copies to Assembly Members Chiuand Burke. 
    Financial Implications: Minimal 
    Contact: Susan Wengraf, Councilmember, District 6, 981-7160
  1.  Proclamation Honoring Asian American & Pacific Islander Heritage Month 
    From: Councilmember Worthington 
    Recommendation: Adopt a Proclamation honoring May as Asian American & Pacific Islander Heritage Month. 
    Financial Implications: None 
    Contact: Kriss Worthington, Councilmember District 7, 981-7170
  1. Mobile Shower Referral 
    From: Councilmember Droste 
    Recommendation: Refer to the Homeless Commission and City Manager the establishment of a mobile shower unit in Berkeley and assess the feasibility/cost of such a project in comparison to existing programs. 
    Financial Implications: Staff time 
    Contact: Lori Droste, Councilmember, District 8, 981-7180
  1. Scheduling July 14, 2015 Worksession: Prioritization of Council Referrals 
    From: Councilmember Droste  
    Recommendation: Approve the scheduling of a council worksession on July 14 at 5:30pm for a panel presentation by outside experts on the prioritization options for council referrals.  
    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.  
  1. Fiscal Year 2016 and Fiscal Year 2017 Proposed Biennial Budget Hearing #2 
    Supplemental Material
    From: City Manager
     
    Recommendation: Conduct a second public hearing on the FY 2016 and FY 2017 proposed biennial budget.   
    Financial Implications: See Proposed FY 2016 and FY 2017 Budget 
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000  
  1. Public Hearing: FY 2016 City Fees

a. Amended Fire Permit and Inspection Fee Schedule 
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution:   1.  Approving a revised Fire Department fee schedule which incorporates an increase in fire permitting and fire inspection fees to $374 per hour; creates two new permit fees for service associated with new permit types created within the fire code adopted by the City on November 12, 2013; includes errata and changes into the fee schedule for fire permitting and inspections of property sites by the Berkeley Fire Department; and eliminates separate billing language from the fee schedule associated with re-inspections. 2.  Rescinding Resolution 66,366-N.S. 
Financial Implications: See report 
Contact: Gil Dong, Fire, 981-3473

 b. Fees: Public Health Clinical Services 
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution establishing new fees and increasing certain existing fees for reproductive and sexual health, and tuberculosis testing Public Health Clinical Services effective July 1, 2015 and rescinding Resolution No. 64,889-N.S. 
Financial Implications: See report 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400   

 c. Fees: Ann Chandler Public Health Clinic Immunization Services 
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution increasing the vaccine administration fee at the Ann Chandler Public Health Clinic (ACPHC) from $17 to a maximum of $26 per vaccination. The proposed Resolution will bring the ACPHC into compliance with December 29, 2014 guidelines issued by the California Department of Public Health (CDPH). The new fees will be effective July 1, 2015. This resolution rescinds Resolution No. 64,796-N.S. from March 2010. 
Financial Implications: See report 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

 

   d. Published Charges: Mental Health Clinical Services 
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution establishing Medi-Cal Rates Published Charges for Mental Health services for FY 2015.  Published Charges are effective July 1, 2014. 
Financial Implications: See report 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

 

   e. Environmental Health Division Fee Schedule 
From: City Manager 
Recommendation: Adopt a Resolution adopting a revised fee schedule for Environmental Health permit and inspection fees to remove the plan check column from the Fixed Units Annual Fees Table and add a fee to reissue duplicate annual permits of $44 dollars, effective July 1, 2015 until subsequently modified, and rescinding Resolution No. 66,727-N.S. 
Financial Implications: See report 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

 

   f. Fees: Senior Center Rental Fees 
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution 1. establishing a major maintenance fee for senior center rentals in an amount equal to a 10% increase to the current facility rental fees charged for rental of City of Berkeley Senior Centers, and 2. rescinding Resolution No. 65,284-N.S. 
Financial Implications: See report 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

 

   g. Marina Fee Increases 
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1.  Approving fees for goods and services at the Berkeley Marina that; a) establish a new rate schedule increasing Marina berth rent by 6%, and b) increase the following:  Dry Storage rates by 18% for lengths <=27' and by 32% for lengths >=28'; Launch Ramp monthly pass by $60; Launch Ramp 6-month pass by $180; Live-aboard fees by up to $55 per month; Skiff Side Tie <24' length by $20 per month; and establishing a new Floating Homes Sewer charge of $25 per month; and 2.  Rescinding Resolution No. 66,176-N.S. 
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

   h. Selected Recreation Program & Facilities Fee Increases 
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1.  Approving new fees and increasing current fees for select recreation programs and facility rentals including increasing the Afterschool Program fee by 20%, increasing the Community Center Commercial Kitchen Rental fee by 40%, increasing the Echo Lake Youth Camp Counselor-in-Training Session fee by 1%, establishing an Adventure Playground fee of $1 for residents and non-residents, and establishing a John Hinkel Park Wedding resident/non-resident 4-hour fee of $352/$422 and $56/$68 for each additional hour; and 2.  Rescinding Resolution No. 66,894-N.S. and all amendatory resolutions. 
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

     i. Changes to the Planning and Development Department's Master Fee Schedule 
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1.  Approving revisions to the master fee schedule for the Planning and Development Department to increase per-sign fees for No-Parking Zones from $12 to $15, to create a new fee of $5 for each replacement of a previously issued No-Parking sign, to adopt new fees for reporting under the Building Energy Savings Ordinance (BESO), and to clarify certain current fees without increasing them; and 2.  Rescinding Resolution No. 66,761-N.S. 
Financial Implications: See report 
Contact: Eric Angstadt, Planning and Development, 981-7400

 

     j. Building Valuation and Permit Fees 
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution 1) establishing the most recent Building Valuation Data (BVD) published by the International Code Council (ICC) as the basis for verifying building valuations for new construction in the city of Berkeley, to be updated annually after the Building Valuation Data is published each February; 2) establishing a policy of valuing remodeling or renovation projects at up to sixty percent of the value of new construction subject to the approval of the building official; and 3) rescinding Resolution No. 61,942-N.S. 
Financial Implications: See report 
Contact: Eric Angstadt, Planning and Development, 981-7400

     k. Fees for Use of Electric Vehicle Charging Stations on Municipal Property 
From: City Manager  
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing session fees of $1.50 per hour for public use of new Level 2 electric vehicle (EV) charging stations on municipal property.  
Financial Implications: See report  
Contact: Andrew Clough, Public Works, 981-6300    

  1. City Manager Referral: Update Administrative Hearing Procedure Regulations (Continued from April 28, 2015) 
    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    

  1. Travel Moratorium and Divestment from Indiana in Response to Recent “Religious Freedom Restoration Act” (Continued from April 28, 2015) 
    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

Action Calendar – New Business  

  1.  Zero Waste Commercial Collection System   
    Presentation
    From: City Manager
      
    Recommendation: Replace the current non-exclusive franchise collection system for commercial refuse and recyclables by selecting one of the following service options:   
    1.  City of Berkeley provides all commercial refuse and recycling collection services. –OR–  
    1a.  City of Berkeley provides all commercial refuse and recycling collection services except for roll-off containers and compactors.  
    Financial Implications: See report  
    Contact: Andrew Clough, Public Works, 981-6300    

Council Action Items  

  1. Significant Community Benefits from Five Tall Downtown Buildings
    Revised Material (1)
    Revised Material (2)
    From: Mayor Bates and Councilmember Capitelli
       
    Recommendation: Request the City Manager to draft a Council resolution establishing a system for Downtown building projects over 75 feet to provide significant community benefits. The projects would be assessed a fee of $100 per square foot for the residential portion of the building between 76 and 120 feet, and $150 per square foot for the residential portion above 120 feet. A Project Labor Agreement (PLA) would be required. It would include local hiring and training components. The PLA would provide a credit, equal to 5 percent of the project construction costs, which would be deducted from the fee. In addition, the fee could be further reduced by voluntary on-site benefits for arts and culture, which must be approved by the City Council. The remainder would be paid into a City fund to be used for affordable housing and arts and culture benefits. 
    Financial Implications: See report 
    Contact: Tom Bates, Mayor, 981-7100    

Information Reports

  1. Audit of Citywide Payment-Card Acceptance: Is Cardholder Information Safe? 
    From: City Manager 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1. Emergency Public Information and Warning Update 
    From: City Manager 
    Contact: Gil Dong, Fire, 981-3473
  1. Status Report: Berkeley Asphalt; Pacific Steel Casting: Air Quality Inquiries 
    From: Councilmembers Maio and Droste 
    Contact: Linda Maio, Councilmember, District 1, 981-7110

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/videoand 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 May 14, 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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