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General Information
General Information

 

Regular Meeting eAgenda
June 30
, 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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REVISED AGENDA

 (ADDED CONTINUED ITEMS FROM JUNE 23, 2015)

BERKELEY CITY COUNCIL MEETING

Tuesday, June 30, 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 – Continued Business

  1.  FY 2016 Special Tax Rate: Fund the Provision of Library Services 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,416-N.S. 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%. 
    First Reading Vote: All Ayes. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300; Jeff Scott, Library, 981-6100

B.  FY 2016 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,417-N.S. 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 $0.1466 (14.66 cents) per square foot of improvements. 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

C.  FY 2016 Tax Rate: Fund Disaster Fire Protection (Measure Q) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,418-N.S. 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. 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

  • D. FY 2016 Tax Rate: Fund the Provision of Emergency Medical Services 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,419-N.S. 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%. 
    First Reading Vote: All Ayes. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300 
     
  • E.  FY 2016 Tax Rate: Fund Emergency Services for the Severely Disabled 
     From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,420-N.S. 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%. 
    First Reading Vote: All Ayes. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300

F.   FY 2016 Tax Rate: Business License Tax on Large Non-Profits 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,421-N.S. 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. 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

  • G. FY 2016 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG) 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,422-N.S. 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%. 
    First Reading Vote: All Ayes. 
    Financial Implications: See report
    Contact: Henry Oyekanmi, Finance, 981-7300; Gil Dong, Fire, 981-3473 

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.  Minutes for Approval 
    From: City Manager 
    Recommendation: Approve the minutes for the Council meetings of May 12, 2015 (special and regular) and May 26, 2015 (special and regular). 
    Financial Implications: None 
    Contact: Mark Numainville, City Clerk, 981-6900

  1.  Annual Investment Report, Revisions to Investment Policies and Designation of Investment Authority 
    From: City Manager 
    Recommendation: Adopt a Resolution accepting the Annual Investment Report, accepting the changes to the investment policies and renewing the delegation of authority to make investments to the Director of Finance for FY 2016. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300

  1.  Appropriations Limit for FY 2016 
    From: City Manager 
    Recommendation: Adopt a Resolution establishing the appropriations limit at $223,594,049 for FY 2016 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300

  1.  Purchase Orders: 100% Recycled Processed Chlorine-Free (PCF) Copy Paper by Piggybacking off of Alameda County’s Contract with Give Something Back 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to enter into Purchase Orders with Give Something Back for the purchase of 100% recycled content, processed chlorine free (PCF) copy paper for a period of 2 years from July 1, 2015 through June 30, 2017 with the option of two one-year renewals for a total of four years in an amount not to exceed $500,000, subject to the City's annual budget appropriation process.  The City will be participating and piggybacking off of the Alameda County bid number 900962. 
    Financial Implications: See report 
    Contact: Henry Oyekanmi, Finance, 981-7300

  1.  Contract Amendments:  Mental Health Services Act Community Services and Supports, and Prevention and Early Intervention 
    From: City Manager 
    Recommendation: Adopt eight Resolutions authorizing the City Manager to execute amendments for the following contracts that are funded through Mental Health Services Act (MHSA) Community Services and Supports (CSS), and Prevention and Early Intervention (PEI), and increasing the contract amounts as follows, and extending the contracts through June 30, 2016: 
    1. Increasing CSS Contract No. 9533A with Youth Engagement Advocacy Housing (YEAH) by $101,768 for a total contract amount not to exceed $279,862 for services for transition age youth;  
    2. Increasing PEI Contract No. 8573E with Albany Unified School District (AUSD) by $53,040 for a total contract amount not to exceed $318,240 for services to Asian Pacific Islander, Latino, and African American youth; 
    3. Increasing PEI Contract No. 8801D with Center for Independent Living (CIL) in the amount of $26,520 for a total contract amount not to exceed $132,600 for supports for senior citizens; 
    4. Increasing PEI Contract No. 8560E with G.O.A.L.S. For Women, Inc. in the amount of $26,520 for a total amount not to exceed $159,120 to serve African American women and their families; 
    5. Increasing PEI Contract No. 8516E with Pacific Center for Human Growth in the amount of $26,520 for a total contract amount not to exceed $159,120 to serve Lesbian, Gay, Bi-sexual, Transgender, Queer/Questioning, and Intersex (LGBTQI) individuals;
    6. Increasing PEI Contract No. 8606E with Youth Engagement Advocacy Housing (YEAH), in the amount of $26,520 for a total contract amount not to exceed $159,120 for support groups for Transition Age Youth (TAY); 
    7. Increasing PEI Contract No. 9671B  with Building Opportunities for Self-Sufficiency in the amount of $100,000 for a total contract amount not to exceed $200,000 for homeless TAY, Adults, and Older Adults; and  
    8. Increasing PEI Contract No. 8975C with Berkeley Unified School District (BUSD) in the amount of $55,000 for a total contract amount not to exceed $215,000 for elementary school youth. 
    Financial Implications: See report 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

  1.  Contract No. 8218B Amendment: CopLogic, Inc. for Online Police Reporting 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8218B with CopLogic, Inc. for software licensing and support of the Police Department's online crime reporting system, increasing the amount by $18,149, for a total not to exceed $63,862 for the period December 21, 2009 to June 30, 2018. 
    Financial Implications: General Fund - $18,149 
    Contact: Donna LaSala, Information Technology, 981-6500

  1.  Contract No. 7394D Amendment: New World Systems, Inc. for Public Safety Computer System 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7394D with New World Systems, Inc., for software support and maintenance and upgrade services, increasing the amount by $845,276, for a total not to exceed $3,924,205 for the period September 3, 2007 to June 30, 2019. 
    Financial Implications: General Fund - $845,276 
    Contact: Donna LaSala, Information Technology, 981-6500

  1.  4th of July 2015 Celebration Sponsorship 
    From: City Manager 
    Recommendation: Adopt a Resolution sponsoring the 4th of July 2015 Celebration at the Berkeley Marina. 
    Financial Implications: See report 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

  1.  Lease Agreement: MnM Threading Salon at 2432 Durant Avenue 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Anil Pandey dba MnM Threading Salon, Inc., for an initial term of 5 years with one 5-year option to extend, located at 2432 Durant Avenue in the Telegraph Channing Mall. 
    Financial Implications: See report 
    Contact: Andrew Clough, Public Works, 981-6300

  1.  Amending BMC Section 14.56.070 for 3-Ton Commercial Truck Weight Limit on Milvia Street, Panoramic Way, The Uplands, Kains Avenue, Virginia Street, Francisco Street, Delaware Street, Hearst Avenue, and Berkeley Way 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.56.070 to add 3-ton commercial truck weight limits on Milvia Street between Dwight Way and Hopkins Street, The Uplands between Tunnel Road and Claremont Avenue, Panoramic Way between Canyon Road and the Berkeley/Oakland City limits, Kains Avenue between Virginia Street and Harrison Street, Virginia Street between Shattuck Avenue and Martin Luther King, Jr. Way, Francisco Street between Shattuck Avenue and Martin Luther King, Jr. Way, Delaware Street between Shattuck Avenue and Martin Luther King, Jr. Way, Hearst Avenue between Shattuck Avenue and Martin Luther King, Jr. Way, and Berkeley Way between Shattuck Avenue and Martin Luther King, Jr. Way. 
    Financial Implications: Measure B Local Street and Road Fund - $15,000 
    Contact: Andrew Clough, Public Works, 981-6300

  1.  Contract No. 8899 Amendment: Waste Management of Alameda County for Construction and Demolition Debris Sorting Services 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8899 with Waste Management of Alameda County for construction and demolition debris sorting services, to increase the contract amount by $2,403,027 for a total contract amount not to exceed $5,974,797; and to exercise the second 1-year contract extension to extend the contract term to December 31, 2016. 
    Financial Implications: See report
    Contact: Andrew Clough, Public Works, 981-6300

  Council Consent Items

  1.  Optimal Utilization of the Downtown Berkeley Main Post Office Building 
    From: Councilmembers Maio, Arreguin, and Wengraf 
    Recommendation: Adopt a Resolution and refer to the City Manager communicating with the U.S. Postal Service to initiate a dialogue to encourage the care and best use of the Downtown Berkeley Main Post Office building. 
    Financial Implications: None 
    Contact: Linda Maio, Councilmember, District 1, 981-7110

  1.  City Manager Referral: Implementing Paperless Timesheets 
    From: Councilmember Worthington 
    Recommendation: Refer to the City Manager to update the current paper timesheet payroll system to paperless. 
    Financial Implications: Unknown 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1.  Refer to City Manager and Planning Commission: Enable Implementation of Council Approved Floor Area Ratio in the Telegraph Commercial District Between Dwight and Bancroft by Amending the Zoning Ordinance 
    From: Councilmember Worthington 
    Recommendation: Refer to City Manager and Planning Commission an immediate implementation strategy to bring the City Zoning Ordinance in compliance with the policy adopted by City Council to increase Floor Area Ratio (FAR) in the Telegraph Commercial District between Dwight and Bancroft. 
    Financial Implications: Staff time 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1.  City Manager Referral: Reinstate Inviting Community Agencies to Make Presentations During the Commission Funding Process 
    From: Councilmember Worthington 
    Recommendation: Refer to the City Manager to increase transparency by reinstating a practice of inviting community agencies to present to city commissions on proposals during the funding allocation process. 
    Financial Implications: Minimal 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1.  City Manager Referral: Expanding the City List of Priority Development Areas to Include the Telegraph Commercial District from Dwight to Bancroft 
    From: Councilmember Worthington 
    Recommendation: Refer to the City Manager a proposal to expand the list of Priority Development Area (PDA) to include the Telegraph Commercial District encompassing the area from Dwight to Bancroft. 
    Financial Implications: See report 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1.  Referral to the City Manager and the Disaster and Fire Safety Commission for Upgrading Gas Generators Currently Being Used in the Community Emergency Supply Program 
    From: Councilmember Worthington 
    Recommendation: Refer to City Manager and the Disaster and Fire Safety Commission (DFSC) to implement upgrades to old emergency supply cache generators to safer and more efficient models. 
    Financial Implications: Minimal 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1.  Proclamation Honoring Berkeley Barb Celebration Day in Berkeley 
    From: Councilmember Worthington 
    Recommendation: Adopt a proclamation that August 13, 2015 is Berkeley Barb Celebration Day in Berkeley in order to celebrate the revolutionary publication that represented the City’s diverse and progressive community. 
    Financial Implications: Minimal 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1.  Proclamation to Honor September as Childhood Cancer Awareness Month in Berkeley 
    From: Councilmember Worthington 
    Recommendation: Adopt a proclamation that September is Childhood Cancer Awareness Month in Berkeley. 
    Financial Implications: None 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1.  Letter to the California Public Utilities Commission 
    From: Councilmember Worthington 
    Recommendation: Send a letter to the California Public Utilities Commission (CPUC) urging them to vote to protect clean energy and prohibit a regressive fixed charge on energy bills. 
    Financial Implications: None
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar

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

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

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


 Action Calendar – Public Hearings 

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

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

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

  1.  Setting New Sustainable Rates for Sanitary Sewer Service 
    From: City Manager 
    Recommendation: Conduct a public hearing, complete the majority protest process required by Proposition 218, and upon the conclusion of the public hearing, if there is no majority protest, adopt a Resolution: 1.  Setting Sanitary Sewer service rates, with phased-in increases over 5 years effective July 1, 2015. 2.  Requiring Public Works staff to provide City Council annual Sanitary Sewer Fund updates to facilitate evaluation of pending rate increases. 3.  Rescinding Resolution Nos. 63,356-N.S. and 63,775-N.S. effective July 1, 2015. 
    Financial Implications: See report
    Contact: Andrew Clough, Public Works, 981-6300 
  1.  Assessments: Downtown Berkeley Property and Business Improvement District 
    From: City Manager 
    Recommendation: Conduct a public hearing and upon conclusion, if no majority protests exist, adopt two Resolutions:  
    1. Confirming the Annual Report of the Downtown Berkeley Property and Business Improvement District and Levying Assessments for FY 2016.  
    2. Authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association to implement the District Management Plan and Work Plan for the Downtown Berkeley Property and Business Improvement District in the amount of $1,022,443 in BID revenues, plus any currently available carry forward from prior years payments of Downtown PBID funds. 
    Financial Implications: See report 
    Contact: Michael Caplan, Economic Development, 981-7530
  1.  Assessment: North Shattuck Business Improvement District 
    From: City Manager 
    Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt two Resolutions:  
    1. Confirming the Annual Report for the North Shattuck Business Improvement District for FY 2015 and Levying Assessments for FY 2016.   
    2. Authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan for the North Shattuck Business Improvement District in the amount of $164,653 in BID revenues, plus any currently available carry forward from prior years payments of North Shattuck BID funds. 
    Financial Implications: See report 
    Contact: Michael Caplan, Economic Development, 981-7530
  1.  Assessments: Telegraph Property and Business Improvement District 
    From: City Manager 
    Recommendation: Conduct a public hearing and upon conclusion, if no majority protests exist, adopt a Resolution confirming the Annual Report for the Telegraph Property and Business Improvement District ("TBID" or "the District") for FY 2015 and levying assessments in the area for FY 2016. 
    Financial Implications: See report 
    Contact: Michael Caplan, Economic Development, 981-7530
  1.  ZAB Appeal: 1229 Oxford Street
    Attachment 8, Admin Record 
    Presentation
    From: City Manager 
    Recommendation: Conduct a Public Hearing, and upon conclusion adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 2014-0009 to add a story to an existing dwelling.  The project would 1) add a 1,171 square-foot third story which would result in a major residential addition over 14 feet in average height and over 20 feet in maximum height; 2) allow an addition on a property that already exceeds the maximum allowable lot coverage and density; 3) allow the addition of a seventh bedroom on a parcel; and 4) allow the continuation of a non-conforming setback. 
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  LPC Appeal: Campanile Way, UC Berkeley
    Attachment 5, Admin Record
    Supplemental materials
    Presentation 
    From: City Manager 
    Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution affirming the decision and dismissing the appeal of the Landmarks Preservation Commission (LPC) decision to decline the Landmark Application (LMIN2014-0005) for Campanile Way, located on the UC Berkeley Campus. 
    Financial Implications: See report 
    Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – New Business 

  1.  FY 2016 & FY 2017 Biennial Budget Adoption
    Revised materials 
    From: City Manager 
    Recommendation: Adopt a Resolution: a) Adopting the FY 2016 & FY 2017 Biennial Budget as contained in the City Manager's FY 2016 & FY 2017 Proposed Biennial Budget that includes the Proposed Capital Budget, presented to Council on May 12, 2015, and as amended by subsequent Council action and accepting the FY 2016 Citywide Work Plan. b) Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2016, as reflected in Attachment 2, and as amended by subsequent Council action. 
    Financial Implications: See report 
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
  1.  FY 2016 Annual Appropriations Ordinance
    Revised materials 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance adopting the FY 2016 Annual Appropriations Ordinance (AAO) in the amount of $394,508,479 (gross appropriations) and $338,830,181 (net appropriations). 
    Financial Implications: See report 
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
  1. a. Funding for Berkeley Unified School District Cooking and Gardening Program  
    From: Sugar Sweetened Beverage Products Panel of Experts 
    Recommendation: Forward $250,000 to Berkeley Unified School District (BUSD) to increase school site programming through the Cooking and Gardening Program in 2015-2016. 
    Financial Implications: See report 
    Contact: Janet Berreman, Commission Secretary, 981-5400

b. Contract: Berkeley Unified School District for Cooking and Gardening Program  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an expenditure contract and any amendments or extensions with Berkeley Unified School District (BUSD) for the Cooking and Gardening Program in an amount not to exceed $250,000 for the period July 1, 2015 through June 30, 2016. 
Financial Implications: General Fund - $250,000
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400 

  1.  Regulating Sidewalks and Public Spaces; Amending BMC Chapters 13 and 14 
    From: City Manager 
    Recommendation: 
    1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 13.37.020 to add a provision that it is unlawful for any person to solicit another who is making a payment at a parking meter. 
    2. Adopt first reading of an Ordinance adding Section 13.36.040 to the Berkeley Municipal Code Regulating Lying in City-Owned Planters. 
    3. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 14.48 to ensure that public streets, and especially sidewalks, are fully accessible and usable for the purposes for which they were constructed and are intended, specifically the movement of pedestrian and vehicular traffic and goods. 
    4. Adopt first reading of an Ordinance adding Section 13.36.085 to the Berkeley Municipal Code prohibiting urination and defecation in public places. 
    Financial Implications: See report
    Contact: Matthai Chakko, City Manager’s Office, 981-7000

Information Reports 

  1.  Voluntary Time Off Program for FY 2016 
    From: City Manager 
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000


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 June 18, 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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