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Regular Meeting eAgenda
July 14
, 2015

 

 Printer-friendly PDF* agenda

 

 

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

Note:

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

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

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

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AGENDA

BERKELEY CITY COUNCIL MEETING 

 

Tuesday, July 14, 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.  Solano Commercial District (C-SO): Continue the Suspension of Food Service Quotas to July 31, 2019; Amending BMC Section 23E.60.04
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,423-N.S. 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. 
    First Reading Vote: All Ayes. 
    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: Adopt second reading of Ordinance No. 7,424-N.S. 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.   
    First Reading Vote: All Ayes. 
    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 second reading of Ordinance No. 7,425-N.S. 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). 
    First Reading Vote: All Ayes.  
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Zoning Amendments to Encourage Accessory Dwelling Units (ADUs); Amending BMC Title 23D 
    From: City Manager  
    Recommendation: Adopt second reading of Ordinance No. 7,426-N.S. 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.  
    First Reading Vote: All Ayes.
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Lease Agreement: MnM Threading Salon at 2432 Durant Avenue
    From: City Manager  
    Recommendation: Adopt second reading of Ordinance No. 7,427-N.S. 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.  
    First Reading Vote: All Ayes. 
    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 second reading of Ordinance No. 7,428-N.S. 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.
    First Reading Vote: All Ayes. 
    Financial Implications: Measure B Local Street and Road Fund - $15,000
    Contact: Andrew Clough, Public Works, 981-6300
  1.  FY 2016 Annual Appropriations Ordinance 
    From: City Manager 
    Recommendation: Adopt second reading of Ordinance No. 7,429-N.S. adopting the FY 2016 Annual Appropriations Ordinance (AAO) in the amount of $394,620,938 (gross appropriations) and $339,095,640 (net appropriations).
     First Reading Vote: All Ayes.
    Financial Implications: See report 
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
  1.  Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on July 14, 2014 
    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: Various Funds - $3,615,751 
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  Department of Housing and Urban Development Required: Analysis of Impediments to Fair Housing Choice 
    From: City Manager 
    Recommendation: Adopt a Resolution approving the 2015 Berkeley Analysis of Impediments to Fair Housing Choice, a planning document that identifies barriers to residents' ability to choose housing in an environment free from discrimination, presents recommendations that may be adopted to overcome these barriers, and monitors progress in achieving the adopted recommendations, as contained in Exhibit A to the report and prepared pursuant to the National Affordable Housing Act. 
    Financial Implications: None 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1.  Revenue Grant Agreements: Funding Support from Alameda County Area Agency on Aging 
    From: City Manager 
    Recommendation: Adopt five Resolutions authorizing the City Manager to accept five grants from Alameda County and execute any resultant revenue agreements and amendments to conduct senior center activities, congregate and home-delivered nutrition, information and assistance, and caregiver services for the following revenue agreements for Fiscal Year 2016 
     1. Congregate Meal Services in the projected amount of $31,829. 
     2. Home Delivered Meal Services in the projected amount of $36,136.  
     3. Caregiver Services in the projected amount of $32,550. 
     4. Senior Center Activities in the projected amount of $25,332.  
     5. Information and Assistance Services in the projected amount of $47,006. 
     Financial Implications: See report 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1.  Contract No. 7722F Amendment:  Milliman, Inc. for Actuarial Service
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7722F with Milliman, Inc., (hereinafter "Milliman") by increasing expenditure authority in an amount not to exceed $90,000, for a total contract amount of $459,999 through November 30, 2015 for actuarial services pertaining to retiree medical benefit plans. 
    Financial Implications: Various Funds - $90,000 
    Contact: David Abel, Human Resources, 981-6800
  1.  Contract: Infortech Corporation for Network Firewall Replacement 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Infortech Corporation for a Fortinet Firewall Replacement and related Professional Services, for a total not to exceed $112,685 for the term July 15, 2015 through June 30, 2018. 
    Financial Implications: Various Funds - $112,685
    Contact: Donna LaSala, Information Technology, 981-6500
  1.  Contract No. 8460B Amendment: NextGen Healthcare Information Systems Inc. for Electronic Health Records 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8460B with NextGen Healthcare Information Systems, Inc., for software licensing and installation, professional services, and software maintenance, increasing the amount by $122,825, for a total not to exceed $591,036, and extending the term to September 30, 2010 through June 30, 2018. 
    Financial Implications: General Fund - $122,825 
    Contact: Donna LaSala, Information Technology, 981-6500
  1.  Contract No. 7393B Amendment: Interactive Voice Response and Interactive Web Response System 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7393B with Paymentus (formerly Tele-works, Inc.) for upgrading the Citywide Interactive Voice Response (IVR) and Interactive Web Response (IWR) system, and related services, increasing the amount by $50,000 for a total contract amount not to exceed $271,975, for the term July 2, 2007 through June 30, 2018.
    Financial Implications: General Fund - $50,000 
    Contact: Donna LaSala, Information Technology, 981-6500
  1.  Contract No. 7470 Amendment: 2M Associates for Berkeley Tuolumne Camp Planning and Design 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7470 with 2M Associates in an amount not to exceed $459,609 for a total contract amount not to exceed $986,771 for planning and design services for the rebuilding of Berkeley Tuolumne Camp, and extending the term through December 31, 2018.
    Financial Implications: Playground Camp Fund - $459,609
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1.  Contract: Freitas Landscaping - Hazardous Vegetation Reduction Services 
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Freitas Landscaping for an amount not to exceed $ 164,000 for the first year, from July 20, 2015 to July 20, 2016, with an option to renew for two additional years, for a total contract amount not to exceed $492,000, contingent upon annual budget appropriation. 
    Financial Implications: Various Funds - $492,000 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1.  Contract No. 9267 Amendment: Rincon Consultants, Inc. for Planning and Environmental Review Service 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9267 with Rincon Consultants, Inc., to increase the total not-to-exceed amount by $500,000 to a new total of $1,000,000, for additional services related to the review of planning applications and environmental review requirements. 
    Financial Implications: See report 
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  Grant: California Office of Traffic Safety for the 2015-16 “Selective Traffic Enforcement Program (STEP)” Grant 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety (OTS) to fund increased levels of impaired or distracted driving enforcement, nighttime seatbelt enforcement, motorcycle safety enforcement, and educational programs regarding bicycle and pedestrian collisions.  The tentatively approved OTS grant is for $180,000 for the period of October 1, 2015 through September 30, 2016. 
    Financial Implications: $180,000 (Revenue)
    Contact: Michael Meehan, Police, 981-5900
  1.  Revenue Contract: State of California for 2015-16 Department of Alcoholic Beverage Control Grant
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant contract and any subsequent amendments with the State of California to accept Fiscal Year 2016 Department of Alcoholic Beverage Control (ABC) Grant funding in the amount of $71,000 and appropriate the funds to enforce laws to reduce availability of alcohol to underage persons and identifying minors who purchase, use or borrow false forms of identification for purposes of obtaining alcohol or entering licensed alcohol premises.
    Financial Implications: See report 
    Contact: Michael Meehan, Police, 981-5900
  1.  Adding a Parking Citation Fine for Violation of B.M.C. 14.40.120 
    From: City Manager 
    Recommendation: Adopt a Resolution updating the schedule of fines for parking violations and late payment penalties in order to: a. Establish a civil penalty and late penalty amount for the violation of B.M.C. 14.40.120, which makes it unlawful to park a heavy duty commercial vehicle on any street between two a.m. and five a.m., in the amount of $60 per citation; and b. Rescind Resolution No. 65,812-N.S. 
    Financial Implications: See report 
    Contact: Michael Meehan, Police, 981-5900
  1.  Contract: Allana Buick & Bers, Inc. for On-Call Roofing Planning and Inspection Services
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Allana Buick & Bers, Inc. for on-call roofing planning and inspection services for City-owned facilities, for an amount not to exceed $800,000 for the period August 1, 2015 through December 31, 2018. 
    Financial Implications: See report 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Reject Bids for FY 2015 Slurry Seal and Rubberized Cape Seal Projects Specification No. 15-10943-C and Specification No. 15-10944-C 
    From: City Manager 
    Recommendation: Adopt two Resolutions: 
    1.  Authorizing the City Manager to reject bids and direct staff to re scope and re advertise the work associated with FY 2015 Slurry Seal and Rubberized Cape Seal Project, Specification No. 15-10943-C; and   
    2.  Authorizing the CityManager to reject bids and direct staff to re scope and re advertise the work associated with FY 2015 Rubberized Cape Seal Project, Specification No. 15-10944-C.
    Financial Implications: Staff time 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Reject Bid and Authorize City Manager to Negotiate in the Open Market – Health, Housing and Community Services Landscaping Improvement  
    From: City Manager
    Recommendation: Adopt a Resolution: 1.  Rejecting the one bid submitted to the City for Specification No. 15-10937-C, Health, Housing and Community Services Landscaping Improvements; and 2.  Authorizing the City Manager to negotiate in the open market in accordance with Article XI, Public Works and Supplies, Section 67(a.) of the City Charter.
    Financial Implications: None 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Contracts: KPM Consulting LLC, and Anchor Engineering, Inc. for On-Call Project Management and Construction Management Services for Facilities Capital Improvement Projects
    From: City Manager 
    Recommendation: Adopt two Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call project management and construction management services for facilities capital improvement projects, each for the period August 1, 2015 through December 31, 2018: 
    1.  KPM Consulting LLC, for an amount not to exceed $1.6 million  
    2.  Anchor Engineering, Inc., for an amount not to exceed $1.6 million 
    Financial Implications: See report 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Contract: Innovative Construction Solutions for Flare Station Replacement ProjectFrom: City Manager 
     Recommendation: Adopt a Resolution: 1.  Approving plans and specifications for the Flare Station Replacement Project, Specification No. 15-10939-C;  2.  Accepting the bid of Innovative Construction Solutions as the lowest responsive and responsible bidder; and  3.  Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $721,600. 
    Financial Implications: Refuse Collect Disposal Fund - $721,600 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Purchase Order: Pape Machinery, Inc. for One 644K Hybrid AWD Loader 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for one 644K Hybrid AWD Loader with Pape Machinery, Inc., in an amount not to exceed $394,000.
    Financial Implications: Equipment Replacement Fund - $394,000 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Contract: Andes Construction for Sanitary Sewer Rehabilitation Project on Hopkins Street, Peralta Avenue, Monterey Avenue, The Alameda, Boynton Avenue 
    From: City Manager 
    Recommendation: Adopt a Resolution: 1.  Approving the plans and specifications for the Sanitary Sewer Project, 15-10936-C, located on Hopkins Street, Peralta Avenue, Monterey Avenue, The Alameda and Backlines, Boynton Avenue and Backlines; 2.  Accepting the bid of the lowest responsive and responsible bidder, Andes Construction; and 3.  Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,693,188. 
    Financial Implications: Sanitary Sewer Operation - $3,693,188 
    Contact: Andrew Clough, Public Works, 981-6300
  1.  Support AB 700 Imposing New Disclosure Requirements for Political Advertisements 
    From: Fair Campaign Practices Commission
    Recommendation: Authorize the City Manager to send a letter expressing City Council's support for AB 700.
    Financial Implications: None
    Contact: Savith Iyengar, Commission Secretary, 981-6950
  1.  Proclamation to Recommit to Full Implementation of the ADA
    From: Commission on Disability
    Recommendation: Endorse a proclamation in recognition of the Americans with Disabilities Act 25th Anniversary. 
    Financial Implications: None
     Contact: Don Brown, Commission Secretary, 981-6300   

Council Consent Items

30.  Re-Appointment of Carole Norris & Marjorie Cox to the Berkeley Housing Authority Board of Commissioners 
From: Mayor Bates 
Recommendation: Adopt a Resolution approving the re-appointment of Commissioners Carole Norris (Chair) and Marjorie Cox to the Berkeley Housing Authority (BHA) Board of Commissioners.
Financial Implications: None 
Contact: Tom Bates, Mayor, 981-7100

31. Referral to Planning Commission: Clarifying Front and Rear Units
From: Councilmember Maio 
Recommendation: Refer to the Planning Commission a request to clarify the relationship (height, bulk) between front and rear units when a rear unit is proposed for the rear yard.
Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110

32. Resources for Community Development: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds 
From: Councilmember Maio 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Maio, to Resources for Community Development with funds relinquished to the city's general fund for this purpose from the discretionary council office budget of Councilmember Maio and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $500
Contact: Linda Maio, Councilmember, District 1, 981-7110

33. Women's Daytime Drop-in Center: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmember Maio 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $2,000 per council member, including $2,000 from Councilmember Maio, to the Women's Daytime Drop-in Center with funds relinquished to the city's general fund for this purpose from the discretionary council office budget of Councilmember Maio and any other council members who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $2,000
Contact: Linda Maio, Councilmember, District 1, 981-7110

34. Referral to Public Works Commission: Onsite Water Systems
From: Councilmember Maio 
Recommendation: Refer to the Public Works Commission an evaluation of onsite water systems, for non-potable use, with new developments in Berkeley and report to Council on its recommendations.
Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110

35. Support SCA 5, the Property Tax Fairness Amendment 
From: Councilmember Moore 
Recommendation: Adopt a Resolution to support SCA 5, the Property Tax Fairness Amendment, that would bring commercial and industrial property taxes in-line with their residential counterparts.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

 36. Co-Sponsor K to College's School Supply Assembly and Distribution Events
From: Councilmember Moore
Recommendation: Co-sponsor K to College's school supply assembly and distribution events. 
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120 

 37. Referral to Planning Commission: Guiding Development on San Pablo Avenue
From: Councilmembers Moore and Maio 
Recommendation: Refer to the Planning Commission the development of a Plan to guide development on San Pablo Avenue.
Financial Implications: Staff time
Contact: Darryl Moore, Councilmember, District 2, 981-7120

 38. City Co-sponsorship for Downtown Berkeley Association Eats, Beats & Brews – Salsa Sundays, and Center Stage
From: Councilmember Arreguin
Recommendation: Adopt two Resolutions: 
1. Approving City co-sponsorship of the Downtown Berkeley Association Eats, Beats & Brews- Salsa Sundays to be held June 21, July 19, August 16, September 20, October 18 from 12pm – 6pm.
2. Approving City co-sponsorship of the Downtown Berkeley Center Stage to be held every Wednesday – Saturday 4-7pm, June – October, and Special booked performances every third Thursday, 4-7pm, June – October.
Financial Implications: None 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

 39.  In Support of Medicare National Day of Action
From: Councilmembers Arreguin, Anderson, and Worthington
Recommendation: Adopt a Resolution supporting the "Medicare Turns 50" national campaign to celebrate the success of the Medicare program; provide education and mobilization resources to the membership for the National Day of Action on 7/30/15; assign a representative to attend planning sessions of the Medicare Turns 50 Coalition.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

40.  Increase in Business License Tax for Owners of Residential Rental Property with Tax Reductions for Small, Low or Moderate-Income Owners
From: Councilmembers Capitelli and Arreguin 
Recommendation: Consider placing on the 2016 general election ballot an increase in the business license tax for residential rental properties. To that end direct the City Manager to: 1.  Prepare estimates of tax receipts that would be due under the ordinance given the alternatives outlined in Attachment A to the report. 2.  Prepare an estimate of rent increases over the past five years. 3.  Schedule a Council Workshop regarding the proposal in the fall including reporting on above items and discussing the content and timing of a voter poll.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

41. Support for AB 901: Solid Waste Requirements (Gordon) 
From: Councilmember Wengraf 
Recommendation: Write letters to Assemblymembers Gordon and Thurmond, and State Senator Hancock in support of AB 901.
Financial Implications: Minimal
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

42.  Support of AB 418, (Chiu) Regarding Tenancy Termination: Victims of Violent Crimes
From: Councilmember Wengraf 
Recommendation: Adopt a Resolution supporting AB 418 and direct staff to send copies of the signed resolutions to Assemblymembers Chiu, Thurmond and Senator Hancock.
Financial Implications: Minimal
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

43. City Manager Referral to Evaluate City of Berkeley Email Retention System Policy and Consider Implementing Passive Information Redundancy
From: Councilmember Worthington 
Recommendation: Refer to the City Manager to evaluate the Berkeley Email Retention System for compliance with California State Law and consider building in passive information redundancy systems.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 44. Support Assembly Bill 266 Creating and Clarifying Statewide Regulations Regarding Medical Cannabis in California
From: Councilmember Worthington
Recommendation: Support Assembly Bill 266 and send a letter encouraging State Senator Loni Hancock and Governor Jerry Brown.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 45. Support AB 525: Support Local Small Businesses by Protecting Franchisees in Relation to Big Corporations
From: Councilmember Worthington
Recommendation: Support Assembly Bill (AB) 525 and send a letter state to assembly member Tony Thurmond, state Senator Loni Hancock, and Governor Jerry Brown.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 46.  Proclamation in Honor of Bisexual Pride Day
From: Councilmember Worthington
Recommendation: Adopt a proclamation that September 23, 2015 is Bisexual Pride Day in Berkeley. 
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 

47.  Address the Underutilization of CalFresh in Alameda County and in the City of Berkeley and Send a Letter to the Alameda County Administrator
Revised materials 
From: Councilmember Worthington
Recommendation: Send a letter to the Alameda County Administrator to increase outreach efforts in an attempt to increase the Utilization of CalFresh in Alameda County and in the City of Berkeley.
Financial Implications: See report
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.

 

48.  Local Amendments to California Building Code and Berkeley Housing Code to Improve Building Safety
Revised materials 
 From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion: 
1. Adopt an Urgency Ordinance Adding Section 19.28.090 To The Berkeley Municipal Code Chapter 19.28 (Berkeley Building Code) Regarding The Construction Of Weather-Exposed Building Elements Extending Beyond Exterior Walls; and 
2. Adopt an Urgency Ordinance Adding A New Section 19.40.035 To The Berkeley Municipal Code Chapter 19.40 (Berkeley Housing Code) To Require Inspection And Certification Of Weather-Exposed Elevated Elements Every Five Years; and
3. Adopt an Urgency Ordinance Adding A New Section 12.48.055 To The Berkeley Municipal Code Chapter 12.48 (Residential Rental Housing Safety Program) To Require Inspection And Certification Of Weather-Exposed Elevated Elements Every Five Years; and 
4. Adopt first reading of an Ordinance Adding Section 19.28.090 To The Berkeley Municipal Code Chapter 19.28 (Berkeley Building Code) Regarding The Construction Of Weather-Exposed Building Elements Extending Beyond Exterior Walls; and 
5. Adopt a Resolution setting forth additional findings of local conditions that require more stringent regulations than those provided by the 2013 California Building Code; and  
6. Adopt first reading of an Ordinance Adding A New Section 19.40.035 To The Berkeley Municipal Code Chapter 19.40 (Berkeley Housing Code) To Require Inspection And Certification Of Weather-Exposed Elevated Elements Every Five Years; and 
7. Adopt first reading of an Ordinance Adding A New Section 12.48.055 To The Berkeley Municipal Code Chapter 12.48 (Residential Rental Housing Safety Program) To Require Inspection And Certification Of Weather-Exposed Elevated Elements Every Five Years.
Financial Implications: See report 
Contact: Eric Angstadt, Planning and Development, 981-7400


 Action Calendar – Old Business

 49.  City Manager Referral: Converting Dana & Ellsworth Street from Dwight to Bancroft to Two Way Streets (Continued from June 23, 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

 50.  2-Way Southside Streets Conversion (Continued from June 23, 2015)
From: City Manager 
Contact: Andrew Clough, Public Works, 981-6300

Action Calendar – New Business

 51. Steel Reinforcement of Balconies and Periodic Inspection of Balconies
Revised materials
Revised materials 
From: Councilmember Arreguin
Recommendation:  1.  Send a letter to the California Building Standards Commission (attached) urging them to update the state Building Code to require steel reinforcement of balconies in all new balcony designs.   2.  Refer to the City Manager and Housing Advisory Commission to: a.  Consider the adoption of a local Building Code requirement to require steel reinforcement for all balconies in new developments. Request that the City Manager report back to Council with their analysis and recommendations within 60 days.b. Consider establishing a requirement that balconies in multi-unit rental properties be periodically inspected by City inspectors. Staff to determine the time frame for required inspections (i.e. 2 years, 5 years, 10 years).
Financial Implications: Unknown 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

52.  Referral to City Manager: Disclosure of Balcony Condition and Signage Specifying Maximum Weight Capacity
Revised materials 
From: Councilmember Arreguin 
Recommendation: Refer to the City Manager to: 1. Develop an ordinance to require owners of rental properties and Homeowner/Condominium Associations whose properties contain wooden cantilevered balconies not supported by steel reinforcement to provide a mandatory written disclosure regarding the fact that the balcony is not supported with steel reinforcement and specifying the maximum weight capacity of the balcony. Staff should consider other existing disclosure requirements in the Berkeley Municipal Code (such as those in the Soft Story Ordinance). The disclosure should be provided as part of the rental agreement and should also be provided once to all existing tenants. 2. Develop an ordinance mandating posted signage either in the balcony area or in a visible location on the entrance to the balcony specifying the maximum weight capacity of the balcony. 
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

 

53. Grant Applications Due by July 31, 2015: Alameda Countywide Transportation Commission Call for Projects
Presentation 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to submit grant applications due by July 31, 2015 to the Alameda County Transportation Commission (ACTC) for planning, design, and construction of projects as recommended by the Transportation Commission at their June 18, 2015 meeting.  This shall include 25 project bundles for inclusion in the Countywide Transportation Plan with detailed submittals for 5 of the bundles for inclusion in the 5 year Comprehensive Investment Plan (CIP) for FY 2018 - FY 2022 in preparation for development of the ACTC Fund Allocation Plan for FY 2018 and FY 2019 grant funds.
F
inancial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

54.  Establish A System for New Downtown Projects Over 75 Feet to Provide Significant Community Benefits
Supplemental materials  
From: City Manage
Recommendation: Adopt a Resolution: 1. Establishing a three step process for proposing, evaluating and approving significant community benefit packages for buildings over 75 feet in the downtown, including a requirement for third party review of the project pro forma and valuation of the benefit package; and 2. Establishing two options for meeting the significant community benefit requirement by providing affordable housing, having a project labor agreement and other defined optional benefits or by paying a per square foot fee established through independent financial analysis; and 3. Defining the categories for the base benefits and optional benefits that qualify for inclusion in a significant community benefits package: and 4. Establishing a per square foot fee of $100 per rentable residential square foot between 75-120 feet and $150 per rentable residential square foot between 121-180 feet for projects that have been in the permitting process for more than two years prior to the date of adoption of this resolution. 
Financial Implications: See report 
Contact: Eric Angstadt, Planning and Development, 981-7400

55.  Voting Delegates - League of California Cities Annual Conference
From: City Manager
 
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Friday, October 2, 2015, at the San Jose Convention Center.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, 981-6900

56.  a. Request to Appoint a Density Bonus Joint Subcommittee Comprising of Members of the Housing Advisory Commission, Planning Commission, and Zoning Adjustments Board  
From: Housing Advisory Commission 
Recommendation: Designate a Density Bonus Joint Subcommittee composed of members of the Housing Advisory Commission (HAC), Planning Commission (PC), and Zoning Adjustments Board (ZAB). 
Financial Implications: See report 
Contact: Amy Davidson, Commission Secretary, 981-5400

 b. Density Bonus Joint Subcommittee of the Housing Advisory Commission, Planning Commission, and Zoning Adjustments Board  
From: City Manager
Recommendation: Take no action regarding a joint subcommittee on the Density Bonus program, and allow the Housing Advisory Commission (HAC), Planning Commission (PC), and Zoning Adjustments Board to collaborate within their existing structures.
Financial Implications: None
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

57.  a. City Council Referral to Develop a Comprehensive Plan for the Funding of the Undergrounding of Utility Wires on All Major and Collector Streets in Berkeley
From: Public Works Commission, Transportation Commission, and Disaster and Fire Safety Commission
Recommendation:
 
1. Approve a work plan, as attached to the report, to develop a comprehensive plan (the "Undergrounding Plan") for the funding of the undergrounding of utility wires for all streets in Berkeley. The Undergrounding Plan would be developed in coordination with the City's existing related plans and activities, including the City's Resiliency Program.
2. Establish a Utility Undergrounding Special Commission consisting of the Public Works Commission, Transportation Commission, the Disaster and Fire Safety Commission representatives, and subject matter experts as needed to oversee the preparation of the Undergrounding Plan. The Special Commission shall be a manageable size and composed similar to the commission that developed the downtown Street and Open Space Improvement Plan.
Financial Implications: See report
Contact: Sean Rose, Secretary to the Public Works Commission, 981-6300; Farid Javandel, Secretary to the Transportation Commission, 981-6300; David Brannigan, Secretary to the Disaster and Fire Safety Commission, 981-3473

   b. City Council Referral to Develop a Comprehensive Plan for Funding the Undergrounding of Utility Wires on All Major and Collector Streets in Berkeley  
From: City Manager
Recommendation: Postpone implementation of a Utility Undergrounding Work Plan and direct the City Manager to return to Council in Fall 2015 with a report detailing the budget and staffing required to implement a Utility Undergrounding Work Plan and Special Commission. The report would also identify projects in the City's adopted Work Plan that would be delayed in order to implement the Commissions' recommendations.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Council Action Calendar

58.  Appointment of Interim City Manager
From: Mayor Tom Bates
Recommendation: Adopt a Resolution confirming the appointment of Dee Williams-Ridley to be Interim City Manager and approving an employment contract to be effective July 25, 2015.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

59.  Point-to-Point Car-Sharing 
From: Councilmember Arreguin
Recommendation: Direct the City Manager to draft a staff report, to be completed no later than August 28, 2015, on point-to-point carsharing in the City of Berkeley that includes: (1) A draft policy or ordinance allowing point-to-point carsharing; (2) A draft fee structure for point-to-point carsharing vendors; and (3) A draft map for point-to-point carsharing in the City of Berkeley. In addition the City Manager should send a copy of the draft proposal to the following commissions no later than August 28, 2015: (1) Transportation; (2) Energy; and (3) Community Environmental Advisory. We request that these three commissions consider the report at its first meeting of September 2015, and refer any comments or recommendations to the City Council at that time. Finally, we request that staff conduct any stakeholder engagement necessary to complete the report, including soliciting suggestions or questions from other cities and any interested providers of point-to-point carsharing services.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

60.  Support California Senate Bill 3 to Increase Minimum Wage Statewide
From: Councilmember Worthington
Recommendation: Support Senate Bill (SB) 3 and send a letter urging California State Assemblymember Tony Thurmond and the Assembly Committee on Labor and Employment members Roger Hernandez, Mathew Harper, Kansen Chu, Evan Low, Kevin McCarty, and Jim Paterson.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

61.  Full Transparency of Special Meeting Agendas
From: Councilmember Worthington
Recommendation:  1.  Disclose special meeting agendas to the general public within 3 working days from the date the meeting is scheduled to allow ample time for public comment on the meeting's subject matter; and 2.  Notify City Councilmembers of special meetings' subject matter in the email polling for availability.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

62.  Reducing Confusion at City Council Meetings by Requiring Track Changes on Late Documents and Utilizing Technology to Distribute the Information
From: Councilmember Worthington
Recommendation: Require that 1) when late items are distributed, they show the track changes in comparison to the original item, 2) these late items with track changes are publicized at the meeting via on screen video, and 3) links to documents are disseminated using e-mail and Twitter.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170     

 
Information Reports

63.  Retail Incentives in Commercial Districts
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530

64. Berkeley Bike Share Update
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

65.  goBerkeley Parking Management Program: Recommended Adjustments for September 1, 2015 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

66.  Controlling Commercial Parking Related to Residential Areas Adjacent to 2635 Ashby Avenue
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

67.  Adjustment to FY16 Civic Art Grant Budget
From: Civic Arts Commission
Contact: Mary Ann Merker, Commission Secretary, 981-7530

68.  Public Art Plan for FY 2016 
From: Civic Arts Commission
Contact: Mary Ann Merker, Commission Secretary, 981-7530

69.  Status Report: West Berkeley Industry
From: Councilmembers Droste and Maio
Contact: Lori Droste, Councilmember, District 8, 981-7180


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.

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

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 July 2, 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.

 

Item 49: City Manager Referral: Converting Dana & Ellsworth Street from Dwight to Bancroft to Two Way Streets

  1. Bryan Wenter, on behalf of AMI, LLC

Item 54: Establish A System for New Downtown Projects Over 75 Feet to Provide Significant Community Benefits

  1. Fred Booker, Tom Adams, Nancy Byers, Jenifer Darnley, and Tanya Telson

Item 68: Public Art Plan for FY 2016

  1. Trax Gallery

On-Line Forms

  1. Nancy Bickel, on behalf of the League of Women Voters Berkeley, Albany, Emeryville

Citizens for East Shore Parks 30th Anniversary Resolution

  1. Patricia Jones

Water Waste

  1. Charlene Woodcock

Banking Practices

  1. Ryan Coonerty

2631 Durant Avenue

  1. Rhiannon

Alleyway Clearing

  1. Ron Moreno and Matt Molina

LGBT Concerns

  1. Carol Denney

Robbery/Harrasment

  1. Charles & Kikuko Jackson

Community Concerns

  1. Christina Tuccillo

LPC Concerns

  1. Tree Fitzpatrick

Building Designs

  1. Tree Fitzpatrick
  2. JJ Noire

1701 62nd Street

  1. Carlvin Justice

Library Gardens

  1. Dorothea Dorenz
  2. Bonnie Hughes
  3. Keara Eades
  4. Robert Gable
  5. Jack Sawyer
  6. Tree Fitzpatrick (3)
  7. Jacki Fox Ruby
  8. Michael Katz
  9. Fritzi Drosten
  10. Berkeley Neighborhood Council
  11. Margot Smith
  12. Terry Rillera
  13. Gail Penso
  14. Kelly Hammargren
  15. Kathleen Hall (2)

 

Supplemental Communications and Reports

Items received by the deadlines for submission will be compiled and distributed as follows.  If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

Supplemental Communications and Reports 1
 Available by 5:00 p.m. five days prior to the meeting.

Supplemental Communications and Reports 2 
Available by 5:00 p.m. the day of the meeting.

Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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