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Regular Meeting Annotated Agenda
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.

~~~~~~~~~~~~~~~~~~~~~ 
 
ANNOTATED 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
  

Preliminary Matters

Roll Call: 7:01 p.m. All present.

Ceremonial Matters:

  1. Centennial of the Women’s International League for Peace and Justice

     

  1. Elder Abuse Awareness Month – June 2015
  2.  

     

  1. Community Meeting on city public health priorities - June 16th at 2939 Ellis Street
  2.  

     

  1. Comments in Memory of Frank Brown – Memorial Service on June 3
  2.  

City Manager Comments: 

  1. Solano Avenue Tunnel Closure – May 28, 2015

Public Comment on Non-Agenda Matters: 9 speakers.

Public Comment on Consent Calendar and Information Items Only:                   12 speakers.

Consent Calendar

Action: M/S/C (Moore/Worthington) to adopt the Consent Calendar in one motion except as indicated. 
Vote: All Ayes.

  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 
    Action: Adopted second reading of Ordinance No. 7,403-N.S.
  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 
    Action: Adopted second reading of Ordinance No. 7,404-N.S.
  1.  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 
    Action: Approved minutes as submitted.
  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 
    Action: Adopted first reading of Ordinance No. 7,405–N.S.  Second reading scheduled for June 9, 2015.
  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 
    Action: Adopted Resolution No. 67,023–N.S.
  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 
    Action: Adopted Resolution No. 67,024–N.S.
  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 
    Action: Adopted Resolution No. 67,025–N.S.
  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 
    Action: Adopted Resolution No. 67,026–N.S.
  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 
    Action: Adopted Resolution No. 67,027–N.S.
  1.  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 
    Action: Adopted Resolution No. 67,028–N.S.
  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 
    Action: Adopted Resolution No. 67,029–N.S.
  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 
    Action: Adopted first reading of Ordinance No. 7,406–N.S.  Second reading scheduled for June 9, 2015.
  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 
    Action: Adopted first reading of Ordinance No. 7,407–N.S.  Second reading scheduled for June 9, 2015.
  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 
    Action: Adopted Resolution No. 67,030–N.S. (John Muir) and Resolution No. 67,031–N.S. (Oxford & Jefferson)
  1.  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 
    Action: Adopted Resolution No. 67,032–N.S.
  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 
    Action: Adopted Resolution No. 67,033–N.S.
  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 
    Action: Adopted Resolution No. 67,034–N.S.
  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 
    Action: Approved recommendation.
 

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 
    Action: Adopted Resolution No. 67,035–N.S.
  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 
    Action: Adopted Resolution No. 67,036–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Maio - $100; Councilmember Moore - $100; Councilmember Anderson - $200; Mayor Bates - $1,634.
  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 
    Action: Moved to Action Calendar.  0 speakers. M/S/C (Bates/Worthington) to hold the item over to June 9, 2015 as the first item on Old Business and include the supplemental and revised material from Mayor Bates, Councilmember Maio, and Councilmember Arreguin on Item 21.
    Vote:  All Ayes.
  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 
    Action: Approved recommendation.
  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 
    Action: Approved recommendation.
  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 
    Action: Adopted Resolution No. 67,037–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Maio - $70; Councilmember Wengraf - $70; Councilmember Moore - $70; Councilmember Worthington - $70; Mayor Bates - $70. 
  2.  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 
    Action: Approved revised recommendation as follows: “Refer to the City Manager the amendments to the 2015-2023 Berkeley Housing Element attached to the report for review.”
  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 
    Action: Adopted Resolution No. 67,038–N.S.
  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 
    Action: Adopted proclamation.
  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 
    Action: Approved recommendation.
  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: Approved recommendation.

Action Calendar – Public Hearings

  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 
    Action: M/S/C (Maio/Worthington) to accept supplemental material from staff on Item 30. 
    Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Capitelli.

 

Councilmember Capitelli absent 7:51 p.m. – 7:56 p.m.

 

Public Testimony: The Mayor opened the public hearing.  49 speakers. 
M/S/C (Moore/Maio) to close the public hearing.
Vote: All Ayes.

Action: Discussion held.

Recess 9:35 p.m. – 9:46 p.m.

  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  

Public Testimony: The Mayor opened the public hearing.  0 speakers. 
M/S/C (Maio/Wengraf) to close the public hearing.
Vote: All Ayes.

 

Action: M/S/C (Maio/Worthington) to adopt Resolution No. 67,039–N.S.
Vote: All Ayes.

 

 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

Public Testimony: The Mayor opened the public hearing. 0 speakers. 
M/S/C (Maio/Wengraf) to close the public hearing.
Vote: All Ayes.

 

Action: M/S/C (Maio/Wengraf) to adopt Resolution No. 67,040–N.S.
Vote: All Ayes.

 

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

Public Testimony: The Mayor opened the public hearing.  0 speakers. 
M/S/C (Maio/Wengraf) to close the public hearing.
Vote: All Ayes.

 

Action: M/S/C (Moore/Maio) to adopt Resolution No. 67,041–N.S.
Vote: All Ayes.

 

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

 

Public Testimony: The Mayor opened the public hearing. 0 speakers. 
M/S/C (Maio/Wengraf) to close the public hearing.
Vote: All Ayes.

 

Action: M/S/C (Maio/Wengraf) to adopt Resolution No. 67,042–N.S.
Vote: All Ayes.

 

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

 

Public Testimony: The Mayor opened the public hearing.  0 speakers. 
M/S/C (Moore/Maio) to close the public hearing.
Vote: All Ayes.

 

Action: M/S/C (Moore/Wengraf) to adopt Resolution No. 67,043–N.S.
Vote: All Ayes.

 

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

 

Public Testimony: The Mayor opened the public hearing. 0 speakers. 
M/S/C (Moore/Maio) to close the public hearing.
Vote: All Ayes.

Action: M/S/C (Maio/Arreguin) to adopt Resolution No. 67,044–N.S.
Vote: All Ayes.

 

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

Public Testimony: The Mayor opened the public hearing.  11 speakers. 
M/S/C (Maio/Worthington) to close the public hearing.
Vote: All Ayes.

 

Action: M/S/C (Maio/Capitelli) to hold over the item to June 23, 2015 and request that staff return with a revised Marina Fee resolution that includes a process for a low-income rebate, provides options for the live-aboard monthly fees, lists the total amount of fees a live-aboard resident would pay, and states the vacancy rates for berths at the Marina.
Vote: All Ayes.

 

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

 

Public Testimony: The Mayor opened the public hearing.  0 speakers. 
M/S/C (Moore/Bates) to close the public hearing.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington.

 

Action: M/S/C (Wengraf/Bates) to adopt Resolution No. 67,045–N.S.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington.

 

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

 

Public Testimony: The Mayor opened the public hearing. 0 speakers. 
M/S/C (Moore/Bates) to close the public hearing.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington.

Action: M/S/C (Bates/Capitelli) to adopt Resolution No. 67,046–N.S.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington.

 

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

 Public Testimony: The Mayor opened the public hearing. 0 speakers. 
M/S/C (Bates/Capitelli) to close the public hearing.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington. 

Action: M/S/C (Arreguin/Capitelli) to adopt Resolution No. 67,047–N.S.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington.

 

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

 

Public Testimony: The Mayor opened the public hearing. 0 speakers. 
M/S/C (Moore/Bates) to close the public hearing.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington.

 

Action: M/S/C (Moore/Wengraf) to adopt Resolution No. 67,048–N.S.
Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – None; Abstain – None; Absent – Maio, Worthington.

 Councilmember Maio and Councilmember Worthington absent 9:28 p.m. – 9:35 p.m.

Action Calendar – Old Business   

  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 
    Action:Item held over to June 9, 2015.
  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: Item removed from the agenda by Councilmember Moore.

 

 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 
    Action: 1 speaker. M/S/C (Capitelli/Moore) to replace the current non-exclusive franchise collection system for commercial refuse and recyclables by selecting Option 1a for the City of Berkeley to provide all commercial refuse and recycling collection services except for roll-off containers and compactors. 
    Vote: All Ayes.

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

Action: 60 speakers. M/S/C (Maio/Moore) to accept supplemental and revised material from Councilmember Arreguin and Mayor Bates on Item 35. 
Vote: All Ayes.

 Action: M/S/C (Bates/Maio) to continue the item to a special meeting on June 16, 2015 at 5:30 p.m. at the City Council Chambers.
Vote: All Ayes.

 

Action: M/S/C (Capitelli/Wengraf) to suspend the rules and extend the meeting to 11:15 p.m. 
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain – Anderson, Arreguin.

   

Action: M/S/C (Maio/Arreguin) to suspend the rules and extend the meeting to 11:30 p.m. 
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain – Wengraf.

   

Information Reports

36.Audit of Citywide Payment-Card Acceptance: Is Cardholder Information Safe? 
From: City Manager 
Contact: Henry Oyekanmi, Finance, 981-7300 
Action: Received and filed.

 37.Emergency Public Information and Warning Update 
From: City Manager 
Contact: Gil Dong, Fire, 981-3473 
Action: Received and filed.
  1.  Status Report: Berkeley Asphalt; Pacific Steel Casting: Air Quality Inquiries 
    From: Councilmembers Maio and Droste 
    Contact: Linda Maio, Councilmember, District 1, 981-7110 
    Action: Received and filed.

Public Comment – Items Not Listed on the Agenda – 0 speakers.

Adjournment 

Adjourned in Memory Of:

  1. Frank Brown, Berkeley Resident

Adjourned at 11:30 p.m.

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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