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

Translation Disclaimer

Quick Links

 

General Information
General Information

 

Regular Meeting eAgenda
June 23
, 2015

 

 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note:

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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

AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, June 23, 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.  Gender Neutral Bathrooms; Adding BMC Section 13.28.055 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,408-N.S. adopting a new Section 13.28.055 of the Berkeley Municipal Code, requiring that single-occupancy restrooms in businesses and other places of public accommodation be designated gender neutral. 
    First Reading Vote: All Ayes. 
    Financial Implications: None 
    Contact: Zach Cowan, City Attorney, 981-6950
  1.  FY 2016 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,409-N.S. setting the FY 2016 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0091%. 
    First Reading Vote: All Ayes. 
    Financial Implications: See report
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds-Election of November 2008 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,410-N.S. setting the FY 2016 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.0080%.
    First Reading Vote: All Ayes. 
    Financial Implications: See report
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Fund Debt Service on Measure S General Obligation Bonds, Election of 1996 (2007 Refunding Bonds) 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,411-N.S. setting the FY 2016 tax rate for funding the debt service on the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.0162%. 
    First Reading Vote: All Ayes. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Fund Debt Service on Animal Shelter General Obligation Bonds (Measure I, November 2002 Election) 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,412-N.S. setting the FY 2016 tax rate for funding the debt service on the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.0020%.
    First Reading Vote: All Ayes. 
    Financial Implications: See report. 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Fund Debt Service on Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) 
    From: City Manager
    Recommendation: Adopt second reading of Ordinance No. 7,413-N.S. setting the FY 2016 tax rate for funding the debt service on the Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds) at 0.0080%. 
    First Reading Vote: All Ayes. 
    Financial Implications: See report. 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  Amending BMC Sections 19.50.010 and 19.50.080 to Revise Outdated Code References Regarding Elevators 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,414-N.S. amending Sections 19.50.010 and 19.50.080 of the Berkeley Municipal Code to revise outdated code references regarding elevators. 
    First Reading Vote: All Ayes. 
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Expediting Permitting Procedures for Small Residential Rooftop Solar Systems; Adding BMC Chapter 19.14
     From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,415-N.S. adding Berkeley Municipal Code Chapter 19.14, to create expedited, streamlined permitting procedures for small residential rooftop solar systems, as mandated by State Assembly Bill No. 2188 (September 21, 2014) codified in Section 658505.5 of the California Government Code. 
    First Reading Vote: All Ayes.
    Financial Implications: See report 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $194,112 for fitness center memberships for City employees for the period July 1, 2015 through June 30, 2016. 
    Financial Implications: Various Funds - $194,112 
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
  1.  Contract: Berkeley Humane Society for Veterinary Services 
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the Berkeley Humane Society (BHS) for an amount not to exceed $111,904 for in-house veterinary services for Berkeley Animal Care Services (BACS) for FY 2016 with an option to continue with the veterinary services for another two-year period. The extension of this contract will be for $111,904 per year for FY 2017 and FY 2018 for a total not to exceed $335,712 and subject to the city's annual appropriation process. 
    Financial Implications: See report 
    Contact: Dee Williams-Ridley, City Manager’s Office, 981-7000
  1.  Broadband Infrastructure Report and Recommendations 
    From: City Manager 
    Recommendation:  
    1. Direct the City Manager to survey City-owned conduit in Downtown and prepare a Request for Proposal so that Downtown and other City-owned conduit in the City can be leased to a qualified broadband fiber service provider.  
    2. Direct the City Manager to conduct a competitive bid process for fiber conduit installation in select sections of the road reconstruction projects as part of the 2016 paving plan.  
    3. Direct the City Manager to work with West Berkeley stakeholders to explore funding sources for installation of Internet infrastructure and other District enhancements such as shuttle services. 
    4. Direct the City Manager to develop a “Shadow Conduit” Ordinance requiring telecommunication providers to allow the City of Berkeley to install conduit whenever those providers undertake suitable excavations for their own infrastructure. 
    Financial Implications: See report 
    Contact: Michael Caplan, Economic Development, 981-7530
  1.  Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on June 23, 2015 
    From: City Manager 
    Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval. 
    Financial Implications: Permit Service Center Fund -$200,000 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  Temporary Appropriations FY 2016 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2015, until the effective date of the FY 2016 Annual Appropriations Ordinance.
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Special Tax Rate: Fund the Provision of Library Services 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance increasing the FY 2016 tax rate for funding the provision of Library Services in the City of Berkeley from $.1856 (18.56 cents) to $0.1927 (19.27 cents) per square foot for dwelling units and from $.2806 (28.06 cents) to $0.2913 (29.13 cents) per square foot for industrial, commercial, and institutional buildings based on the per capita Personal Income Growth factor in California of 3.82%. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300; Jeff Scott, Library, 981-6100
  1.  FY 2016 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping 
     Revised materials
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance increasing the FY 2016 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley from $0.1256 (12.56 cents) to $0.1304 (13.04 cents) per square foot of improvements based on the per capita Personal Income Growth factor in California of 3.82%. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Fund Disaster Fire Protection (Measure Q) 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance setting the FY 2016 tax rate for funding the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.  The rate is unchanged from FY 2015. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Fund the Provision of Emergency Medical Services 
     From: City Manager 
    Recommendation: Adopt first reading of an Ordinance increasing the FY 2016 tax rate for funding the provision of emergency medical services to Berkeley residents from $.0336 (3.36 cents) to $0.0344 (3.44 cents) per square foot of improvements based on the annual cost of living increase of 2.436%. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Fund Emergency Services for the Severely Disabled 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance increasing the FY 2016 tax rate for funding the provision of emergency services for the disabled from $0.01339 (1.339 cents) to $0.01390 (1.390 cents) per square foot of improvements based on the personal income growth in California of 3.82%. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Business License Tax on Large Non-Profits 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance increasing the FY 2016 tax rate for Business License Tax on large non-profits from $0.5479 (54.79 cents) to $0.5612 (56.12 cents) per square foot of improvements based on the 2.436% increase in the Consumer Price Index. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  FY 2016 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG) 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance increasing the FY 2016 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley from the rate of $.04752  (4.752 cents) to $0.04934 (4.934 cents) per square foot of improvements for dwelling units and increasing the rate for all other property from $.07192 (7.192 cents) to $0.07466 (7.466 cents) per square foot of improvements based on the per capita Personal Income Growth factor in California of 3.82%.
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300; Gil Dong, Fire, 981-3473
  1.  Terms and Conditions for Fire Department Mutual Aid Reimbursement 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to identify the terms and conditions for the Fire Department's response away from their official duty station and assignment to an emergency incident. 
    Financial Implications: See report 
    Contact: Gil Dong, Fire, 981-3473
  1.  2015 Housing Trust Fund Reservations
    From: City Manager 
    Recommendation: Adopt a Resolution: 1. Approving $1,337,000 in Housing Trust Fund (HTF) reservations as follows: a. $167,000 for Strawberry Creek Lodge, a project of Satellite Affordable Housing Associates (SAHA); and b. $1,170,000 for William Byron Rumford Sr. Plaza, a project of Resources for Community Development (RCD); and 2. Approving the following waivers of the HTF Guidelines: a. A zero percent interest loan for Strawberry Creek Lodge to help the project meet certain tax credit related requirements, a waiver from HTF Guidelines Section V.B.2.; and  b. A finding that HTF funds exceeding 40% of William Byron Rumford Sr. Plaza’s project cost is justified by the nature of the development and the unavailability of alternative financing, as required by the HTF Guidelines, Section V.B.7. 3. Directing staff to work with the Northern California Land Trust (NCLT) to develop a renovation proposal, including a revised scope and budget, for one to two sites that could be funded with local funds, and return to the Housing Advisory Commission’s (HAC) HTF Subcommittee and HAC for review. 4. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action. 
    Financial Implications: See report 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1.  Contract: Bay Area Community Resources for the Placement of AmeriCorps Interns 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an expenditure contract and any amendments or extensions with Bay Area Community Resources for the placement of AmeriCorps interns in an amount not to exceed $72,000 for the period July 1, 2015 through June 30, 2016. 
    Financial Implications: See report 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1.  Donation: Berkeley Meals on Wheels 
    From: City Manager 
    Recommendation: Adopt a Resolution accepting a $1,500 donation to the Berkeley Meals on Wheels program from Hirofumi and Karen Kawano, friends of a Berkeley Meals on Wheels volunteer. 
    Financial Implications: $1,500 (donation) 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1.  Contract: Preferred Alliance, Inc. for Drug and Alcohol Testing Services 
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Preferred Alliance, Inc., to provide drug and alcohol testing third party administrative services for the period of July 1, 2015 through June 30, 2018, in an amount not to exceed $75,000. 
    Financial Implications: See report 
    Contact: David Abel, Human Resources, 981-6800
  1.  Designating Two Sites at the Berkeley Marina as Trailheads for the San Francisco Bay Water Trail and Submitting a Grant Application for Site Improvements 
    From: City Manager 
    Recommendation: Adopt a Resolution designating two sites at the Berkeley Marina as trailheads for the San Francisco Bay Water Trail (the South Sailing Cove docks and the Northside Public Launch Ramp), and authorizing the City Manager to submit a grant application for Water Trail grant funding for site improvements, to accept the grant, to execute any grant agreement and amendments, and authorizes the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant. 
    Financial Implications: See report 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1.  Solano Commercial District (C-SO): Continue the Suspension of Food Service Quotas to July 31, 2019; Amending BMC Section 23E.60.040 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23E.60.040 to continue the suspension of Food Service quotas in the Solano Commercial District to July 31, 2019. 
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Zoning Ordinance Amendment - Residential Glare; Adding BMC Section 23D.04.080 
    From: City Manager 
    Recommendation:  
    1. Adopt first reading of an Ordinance amending the Zoning Ordinance by adding Berkeley Municipal Code (BMC) Section 23D.04.080 to add requirements to address exterior lighting glare from residentially zoned properties onto other residentially zoned properties; and   
    2. Consider if changes to the Municipal Code are necessary to retroactively address properties which currently produce glare on residential properties. 
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Regulating Non-Chartered Financial Institutions; Amending BMC Titles 23F and 23E 
    From: City Manager
    Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Sections 23F.04.010, 23E.36.030, 23E.36.060, 23E.40.030, 23E.40.060, 23E.44.030, 23E.44.060, 23E.48.030, 23E.48.060, 23E.52.030, 23E.52.060. 23E.56.030, 23E.56.060, 23E.60.030, 23E.60.060, 23E.64.030, 23E.64.060, 23E.68.030, 23E.68.060, and adding section 23E.16.080, to define and regulate Non-Chartered Financial Institutions (NCFIs). 
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Contract Amendments: Plan Check Services 
    From: City Manager 
    Recommendation: Adopt three Resolutions authorizing the City Manager to execute contract amendments for an additional amount of $500,000 each, to new total amounts not to exceed $1,000,000 for each contract, and extending the terms of the contracts for a two-year period to June 30, 2018 for plan checking and related services with:  
    1.   Interwest Consulting Group, Contract No. 9419 
    2.   West Coast Code Consulting, Contract No. 9420 
    3.   Telesis Engineers, Contract No. 9437 
    Financial Implications: See report 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Contract No. 6668E Amendment: Cale America, Inc. for Pay-and-Display Station Operations
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6668E with Cale America, Inc. for continued maintenance services for existing pay stations, increasing the contract by $222,776; for a total contract amount not to exceed $3,762,671 and extending the contract term to June 30, 2016. 
    Financial Implications: Parking Meter Fund - $222,776 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Contract: IPS Group, Inc. for Multi-Space and Single Space Meters 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a 3-year contract with IPS Group, Inc. to provide pay stations, parking meters, parts and support services, for the term July 1, 2015 through June 30, 2018 for an amount not to exceed $5,604,170. 
    Financial Implications: See report 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Contract Amendments: On-Call Architectural Design Services for Capital Improvement Projects 
    From: City Manager 
    Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to the following two contracts for on-call architectural design services, for the initial terms ending October 2, 2016:  
    1. ELS Architecture and Urban Design, Contract No. 9660A, increasing the amount by $250,000 for a new revised contract amount not to exceed $1.3 million.  
    2. Noll & Tam Architects, Contract No. 9577A, increasing the amount by $500,000 for a new revised contract amount not to exceed $1.2 million. 
    Financial Implications: See report 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Contracts: On-Call Civil Engineering Services for Sanitary Sewer Program 
    From: City Manager 
    Recommendation: Adopt five Resolutions authorizing the City Manager to execute the following five contracts, and any amendments, extensions or other change orders to provide on-call civil engineering services for sanitary sewer projects, each for 4-year terms ending June 30, 2019 for a total amount not to exceed $2 million. 
    1. HDR Engineering, Inc. not to exceed $500,000  
    2. Wilsey Ham not to exceed $500,000  
    3. West Yost Associates not to exceed $400,000  
    4. Harrison Engineering not to exceed $300,000  
    5. Pakpour Consulting Group not to exceed $300,000 
    Financial Implications: Sanitary Sewer Fund - $2 million 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Contract No. 9361A Amendment: Pakpour Consulting Group, Inc. for On Call Design Services 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9361A with Pakpour Consulting Group, Inc. for additional contract services for the Center Street Garage Replacement Project, increasing the contract by $100,000 for a total amount not to exceed $500,000. 
    Financial Implications: Off Street Parking Fund - $100,000 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Safe Urban Gardening 
    From: Community Environmental Advisory Commission 
    Recommendation: Approve the updated pamphlet version of the June 26, 2012 Best Practices for Gardening in Berkeley which was posted to the City of Berkeley web pages. The updated pamphlet is named Safe Urban Gardening, and it is more user-friendly and encourages safe gardening. 
    Financial Implications: See report 
    Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400
  1.  Filling Vacancies Among the Elected Representatives for the Poor  
    From: Human Welfare and Community Action Commission 
    Recommendation: Adopt a Resolution confirming the appointment of Ms. Krystel Olivieri (District 1), as an elected representative of the poor on the Human Welfare and Community Action Commission (HWCAC), having been selected by the remaining elected representatives of the poor at the HWCAC April 15, 2015 meeting, and that her term expires November 16, 2016. 
    Financial Implications: None 
    Contact: Wing Wong, Commission Secretary, 981-5400
  1.  Reappointment of Shelby Heda, Paul Kealoha-Blake and Carole Marasovic 
    From: Mental Health Commission 
    Recommendation: Adopt a Resolution re-appointing: Shelby Heda as a representative of the Special Public Interest Category, to complete her second term ending April 30, 2018; Paul Kealoha-Blake, as a representative of the General Public Interest Category, to complete his second term ending March 21, 2018 and Carole Marasovic as a representative of the General Public Interest Category, to complete her term ending June 2, 2018 to the Mental Health Commission. 
    Financial Implications: None 
    Contact: Carol Patterson, Commission Secretary, 981-5400
  1.  Naming the Softball Field at Codornices Park After Jane Hammond 
    From: Parks and Waterfront Commission 
    Recommendation: Adopt a Resolution naming the softball field at Codornices Park after Jane Hammond by a two-thirds (2/3) vote as required for naming facilities after living persons under Section 2.B. of the City's naming policy. 
     Financial Implications: None 
    Contact: Roger Miller, Commission Secretary, 981-6700
  •  
  • Council Consent Items

    40. Official City Sponsorship of the Shotgun Players 19th Annual Free Theater in the Park and Relinquishment of Council Budget Funds to General Fund and Grant of Such Funds
    From: Mayor Bates 
    Recommendation: Adopt a Resolution 1. approving City sponsorship of the Shotgun Players Annual Free Theater in the Park and the use of John Hinkel Park on July 1, 2, 6-12, 18, 19, 25, 26, August 1-2; and 2. approving the expenditure of an amount not to exceed $1,740 per Councilmember including up to $1,740 from Mayor Bates, with funds relinquished to the City's General Fund for this purpose from the discretionary Council office budgets of any Councilmembers who would like to contribute. 
    Financial Implications: Mayor's Discretionary Funds - $1,740
    Contact: Tom Bates, Mayor, 981-7100 

    41. Referral to City Manager and Planning Commission to Require Information Signage for New Development Projects Exceeding a Certain SizeFrom: Councilmember Capitelli and Mayor Bates 
    Recommendation: Refer to the City Manager and the Planning Commission to develop requirements for signage for new development or major remodels exceeding a certain size that would disclose (at a minimum) the following information: A.  Who sponsors the project and contact information for responsible party B.  What the project is- use, form, height C.  When it is anticipated to be completed D.  What benefits the project delivers to the community- fee, taxes and other benefits E.  Rendering or photo simulation of the project. Report back to Council within 6 months with proposal. 
    Financial Implications: Unknown 
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

     

    42. Direct the City Manager Develop a Schedule in Coordination with the School Board for a Three Month Pilot to Conduct City Council Meetings at the B.U.S.D Board Room at the West Campus
    From: Councilmembers Wengraf, Arreguin, and Capitelli 
    Recommendation: Direct the City Manager to send a letter to the School Board requesting a trial program allowing the City Council to meet at the BUSD Board Room at the West Campus site for a period of three months during the 2015-2016 calendar year.
    Financial Implications: To be determined 
    Contact: Susan Wengraf, Councilmember, District 6, 981-7160

     

    43. City Manager Referral: Paperless Response to Public Records Act Request 
    From: Councilmember Worthington
    Recommendation: Refer to City Manager that the City modifies its administrative regulations to include a policy to respond to Public Records Act requests through paperless means. 
    Financial Implications: None
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 

    44. San Francisco Lesbian-Gay-Bisexual-Transgender Pride Parade: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
    From: Councilmembers Worthington, Moore, and Droste 
    Recommendation:  
    1. Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember to support the Pacific Center with funds relinquished to the City's General Fund so that the City of Berkeley be represented at the San Francisco Pride Parade and for costs of having a contingent in the Parade from Councilmember Worthington's discretionary Council Office Budget and any other Councilmembers who would like to contribute; and 
    2. Co- sponsor the 2015 San Francisco Pride Parade.
    Financial Implications: Councilmembers' Discretionary Funds - $1,000 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

     

    Action Calendar

    The public may comment on each item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

    The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

    Action items may be reordered at the discretion of the Chair with the consent of Council.

    Action Calendar – Public Hearings

    Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

    Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

    Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

       45. Marina Fee Increases
    Supplemental materials 
     
    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; Skiff Side Tie <24’ length by $20 per month; and establishing a floating home sewer charge of $25 per month; and
    2. Increasing the monthly Liveaboard fee using one of the following options: 
     a) Monthly Liveaboard cruiser fee by $55 per month (38%) and Monthly Liveaboard floating home fee by $35 (21%) 

     

    -OR-

    b) Over a two year period, Liveaboard cruiser fee by $25 in FY 2016 and by $30 in FY 2017, and Liveaboard floating home fee by $15 in FY 2016 and by $20 in FY 2017;

    -OR-

    c) No increase to Liveaboard fees; and

    3. Establishing a Very Low Income Refund process for proposed Liveaboard fee increases from FY 2016 onward; and 
    4. Rescinding Resolution No. 66,176-N.S. 
    Financial Implications: See report 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

     

     

      Action Calendar – Old Business

    46. Short-Term Rental Regulations Referral (Continued from June 9, 2015 - Item includes revised materials.) 
    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 

    47.  Board of Library Trustees Reappointment: Julie Holcomb and Jim Novosel (Continued from June 9, 2015) 
    From: Board of Library Trustees 
    Recommendation: Adopt a Resolution Approving the Reappointing of Julie Holcomb and Jim Novosel to the Board of Library Trustees ("BOLT") for a second term of four years commencing May 15, 2015 and ending May 15, 2019. 
    Financial Implications: None
    Contact: Jeff Scott, Commission Secretary, 981-6100 

    48.  City Manager Referral: Update Administrative Hearing Procedure Regulations (Continued from June 9, 2015 – Item includes revised materials.) 
    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 

    49.  City Manager Referral: Converting Dana & Ellsworth Street from Dwight to Bancroft to Two Way Streets (Continued from June 9, 2015) 
    From: Councilmember Worthington 
    Recommendation: Refer to the City Manager to convert Dana Street between Dwight to Bancroft from a one-way street to a two-way street consistent with Southside Plan Policy T-C2, to improve its safety and functionality as a bike route. 
    Financial Implications: Up to $1,000,000 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 

     

    Action Calendar – New Business

    50.  City Council Comments on the FY 2016 & FY 2017 Proposed Biennial Budget
    Supplemental materials 
    Supplemental materials
    From: City Manager
    Recommendation: Provide comments on the FY 2016 & FY 2017 Proposed Biennial Budget. 
    Financial Implications: See report
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000 

    51.  Borrowing of Funds and the Sale and Issuance of FY 2016 Tax and Revenue Anticipation Notes 
    From: City Manager 
    Recommendation: Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2016 Tax and Revenue Anticipation Notes.  Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300

     

    52.  Contract: Community Workforce Agreement with Building & Construction Trades Council, et al, for Capital Improvement Projects at or Above $750,000
    Revised materials
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the Alameda County Building & Construction Trades Council and twenty-two labor organizations regarding the provision of labor on City capital improvement projects at or above $750,000 as determined by the engineer's estimate, for a term of three years. 
    Financial Implications: See report 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

     

    53.  Recordation of Lien; Maxaco LLC, Property Owner of 3049 Adeline / 1909 Essex Street 
    From: City Manager 
    Recommendation: Take no action to reduce lien previously authorized by the City Council and direct staff to commence recordation of the lien no earlier than August 1, 2015. 
    Financial Implications: See report
    Contact: Eric Angstadt, Planning and Development, 981-7400 

    54. Zoning Amendments to Encourage Accessory Dwelling Units (ADUs); Amending BMC Title 23D 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance modifying the existing regulation of Accessory Dwelling Units (ADUs) to remove regulatory barriers.  The Ordinance includes a new Berkeley Municipal Code Chapter 23D.10 and modifications to the existing residential zoning district chapters in Title 23D for consistency with the new chapter. 
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400 

     

    Council Action Items

    55.  City Co-Sponsorship of the Dalai Lama Birthday Celebration 
    From: Councilmember Worthington
    Recommendation: Adopt a Resolution approving city co-sponsorship of the Dalai Lama birthday celebration that will take place on July 12, 2015. 
    Financial Implications: Unknown
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 

     

    Information Reports

    56. 2-Way Southside Streets Conversion 
    From: City Manager
    Contact: Andrew Clough, Public Works, 981-6300 

    57. Audit Follow-up Status Report 
    From: Auditor
    Contact: Ann-Marie Hogan, Auditor, 981-6750 

    58.  Report of the Alameda County Transportation Commission Meeting on April 23, 2015 
    From: Councilmember Capitelli
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 

     

    Public Comment – Items Not Listed on the Agenda –  

    Adjournment in memory of:

    1. Ronnie Gilbert, Musician

    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.

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

    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 June 11, 2015.

     

    Mark Numainville, City Clerk


    Communications

    Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

     

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