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General Information
General Information

 

Regular Meeting eAgenda
September 15
, 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, September 15, 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.

  1. Pledge of Allegiance to the Flag

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.

Recess Items
  1.  Contract No. 9880A Amendment: Jackson & Coker for Locums Tenens Psychiatric Service
    From: City Manager 
    Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute an amendment to Contract No. 9880A adding $50,000 to the expenditure contract with Jackson & Coker Locums Tenens, LLC, (J&C) for locums tenens psychiatric services for a total contract limit of $99,900 for the period beginning February 1, 2015 and ending on June 30, 2017. 
    Financial Implications: Health Fund - $50,000
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1.  Amending Purchase Orders: Western States Oil for Fuel for City Vehicles and Equipment
    From: City Manager
    Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess amending purchase order nos. 096835 (Public Works) and 097396 (Fire Department) with Western States Oil for the purchase of fuel for City vehicles, increasing the combined amount by $375,000 for a total amount for both purchase orders not to exceed $12,732,809, and extending the term for 3 months through September 30, 2015.
    Financial Implications: See report
    Contact: Phillip Harrington, Public Works, 981-6300   
  1.  Contract No. 8389A Amendment: Recology Blossom Valley Organics – North (formerly Recology Grover Environmental Products) for Hauling and Processing of Compostable Materials
    From: City Manager
    Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess amending Contract No. 8389A with Recology Blossom Valley Organics - North (formerly Recology Grover Environmental Products) for hauling and processing of compostable materials, increasing the amount by $600,000 for a total amount not to exceed $7,454,818, and extending the term for 6 months through January 31, 2016.
    Financial Implications: Zero Waste Fund - $600,000
    Contact: Phillip Harrington, Public Works, 981-6300

Consent Calendar

  1.  Local Amendments to California Building Code and Berkeley Housing Code to Improve Building Safety
    From: City Manager
    Recommendation:  
    1. Adopt second reading of Ordinance No. 7,433–N.S. 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 second reading of Ordinance No. 7,434–N.S. 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 second reading of Ordinance No. 7,435–N.S. 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. 
    First Reading Vote: All Ayes.
    Financial Implications: See report
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1.  FY 2016 Annual Appropriations Ordinance Correction
    From: City Manager
    Recommendation: Adopt first reading of an Ordinance amending Ordinance No. 7429-N.S. to reflect the correction of a typographical error in Section 1.H.
    Financial Implications: None
    Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
  1.  Regulation of Off-Street Parking Lots; Adding BMC Chapter 9.92 and Amending BMC Chapter 13.52
    From: City Manager
    Recommendation:
    1.  Adopt first reading of an Ordinance adopting a new Chapter 9.92 of the Berkeley Municipal Code, regulating off-street parking lots.  
    2.  Adopt first reading of an Ordinance amending Chapter 13.52 of the Berkeley Municipal Code relating to parking of vehicles on private property.
    Financial Implications: See report
    Contact: Zach Cowan, City Attorney, 981-6950
  1.  Amending BMC Chapter 13.44 Regulating Street Events
    From: City Manager
    Recommendation: Adopt first reading of an Ordinance amending Sections 13.44.060 and 13.44.090, and adding Section 13.44.150 of the Berkeley Municipal Code, regulating street events.
    Financial Implications: None
    Contact: Zach Cowan, City Attorney, 981-6950
  1.  Minutes for Approval 
    From: City Manager
    Recommendation: Approve the minutes for the Council meetings of June 9, 2015 (special and regular), June 23, 2015 (special and regular), June 30, 2015 (special closed and regular) and July 14, 2015 (special closed, special and regular).
    Financial Implications: None
    Contact: Mark Numainville, City Clerk, 981-6900
  1.  Establish 2016 City Council Meeting Schedule
    From: City Manager
    Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2016, with starting times of 7:00 p.m.
    Financial Implications: None
    Contact: Mark Numainville, City Clerk, 981-6900
  1.  City Council Rules of Procedure and Order
    From: City Manager
    Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to require that revised Council reports submitted for consideration at the Council meeting reflect a comparison to the original item using track changes, making minor clarifications regarding procedures for public comment relating to Information items on Council agendas, and rescinding Resolution No. 66,987-N.S. 
    Financial Implications: None
    Contact: Mark Numainville, City Clerk, 981-6900
  1.  Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on September 15, 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: Various Funds - $14,260,000
    Contact: Henry Oyekanmi, Finance, 981-7300
  1.  Contract No. 9620 Amendment: Focus Strategies for Consulting Services to Implement Berkeley’s Homeless Coordinated Entry System
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9620 with Focus Strategies, a consulting firm that will assist the City in establishing a homeless Coordinated Entry System, adding $74,667 for a total contract amount not to exceed $139,667 through June 30, 2016.
    Financial Implications: General Fund - $74,667
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400   
  1.  Regulatory Agreement: Brown Shingle Mutual Housing, 2550 Ellsworth Street
    From: City Manager
    Recommendation: Adopt a Resolution approving a Regulatory Agreement and Declaration of Restrictive Covenants with Brown Shingle Mutual Housing at 2550 Ellsworth Street.  This agreement will restrict the occupancy and rents for low-income households while the Bay Area Community Land Trust operates the property as affordable rental housing, and once it is converted into a non-equity housing cooperative.
    Financial Implications: See report
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1.  2500 Hillegass Avenue Housing Enabled by Local Partnerships (HELP) Loan Modification
    From: City Manager
    Recommendation: Adopt a Resolution: 1. Approving an amendment to Satellite Affordable Housing Associate's HELP loan on 2500 Hillegass Avenue including: a. Acceptance of a partial repayment equal to the City's obligation to the California Housing Finance Agency (approximately $550,000) b. Amending the terms as follows: i. The loan amount will be equal to the remaining balance on the HELP loan, after the partial repayment to the City (approximately $120,000). ii. The loan term will be 55 years. iii. The loan will accrue 3% simple interest.  2. 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:  Bartel Associates, LLC for Actuarial Consulting Services
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Bartel Associates, LLC (hereinafter "Bartel") for actuarial consulting services in an amount not to exceed $150,000 effective November 1, 2015 through June 30, 2017.
    Financial Implications: Various Funds - $150,000
    Contact: David Abel, Human Resources, 981-6800
  1.  Contract No. 9649 Amendment: Renne Sloan Holtzman Sakai LLP for Chief Labor Negotiator Services
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9649 in the amount of $50,000 with Renne Sloan Holtzman Sakai LLP for Chief Labor Negotiator services, for a revised total contract amount not to exceed $95,000.
    Financial Implications: See report
    Contact: David Abel, Human Resources, 981-6800   
  1.  Contract No. 9105C Amendment:  Meyers Nave for Chief Labor Negotiation Services
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9105C in the amount of $20,000 with Meyers Nave for Chief Labor Negotiator services, for a revised total contract amount not to exceed $170,000.
    Financial Implications: Various Funds - $20,000
    Contact: David Abel, Human Resources, 981-6800
  1.  Memorandum Agreement:  Service Employees International Union Local 1021 Maintenance and Clerical Chapters
    From: City Manager
    Recommendation: Adopt two Resolutions:
    1. Approving a new three-year Memorandum Agreement (hereafter referred to as the "MA") with the Service Employees International Union Local 1021 Maintenance and Clerical Chapters (hereafter referred to as the "Union") with a term of July 5, 2015 through June 16, 2018, and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new labor agreement; and
    2. Approving a new salary resolution for Representation Units D, J, K-1, and K-2 that implement the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 65,375-N.S.
    Financial Implications: See report
    Contact: David Abel, Human Resources, 981-6800  
  1.  Memorandum of Understanding: Berkeley Police Association
    From: City Manager
    Recommendation: Adopt two Resolutions:
    1. Approving a new three (3) year Memorandum of Understanding (hereafter referred to as "MOU") with the Berkeley Police Association (hereafter referred to as the "Union") with a term of July 6, 2014 through June 30, 2017 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU; and
    2. Approving a new salary resolution for Representation Units E and F that implement the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 63,961-N.S.
    Financial Implications: See report
    Contact: David Abel, Human Resources, 981-6800
  1.  Contract: Saboo, Inc. for Hot Water Riser Replacement Project at 1947 Center Street
    From: City Manager
    Recommendation: Adopt a Resolution: 1.  Approving plans and specifications for the Hot Water Riser Replacement Project, Specification No. 16-10966-C; and 2.  Accepting the bid of Saboo, Inc. 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 with Saboo, Inc. for the Hot Water Riser Replacement Project at 1947 Center Street in an amount not to exceed $342,360.
    Financial Implications: Permit Service Center Fund - $342,360
    Contact: Phillip Harrington, Public Works, 981-6300   
  1.  Purchase Agreement with Pierce Manufacturing, Inc. and Contract No. 8068A Amendment: Banc of America Public Capital Corp. for Master Equipment Lease/Purchase Agreement for 3 Fire Engines and 1 Hazardous Materials Spill Response Vehicle
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to purchase three Pierce fire engines and one Pierce hazardous materials spill response vehicle by executing: 1. Purchase Agreement with Pierce Manufacturing, Inc. in an amount not to exceed $3,218,567 that includes sales tax, and a contingency of $164,347; and 2. Increase the Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp. by $2,939,329 for an amended total amount not to exceed $11,618,358, with the current financing to be paid over 7 years at an interest rate of 1.94% and a first payment commencing no later than April 1, 2016; and 3. Purchase Order for direct payment of sales tax in an amount not to exceed $279,238.
    Financial Implications: See report
    Contact: Phillip Harrington, Public Works, 981-6300
  1.  Contract: Berkeley Touchless Carwash for Vehicle Washing Services
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Berkeley Touchless Carwash, in an amount not to exceed $80,000 for the period of July 1, 2015 through June 30, 2017.
    Financial Implications: Equipment Maintenance Fund - $80,000
    Contact: Phillip Harrington, Public Works, 981-6300  
  1.  Contract No. 9470 Amendment: City CarShare for City of Berkeley Fleet Car Share Program
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9470 with City CarShare to continue the City of Berkeley fleet car share program, increasing the contract by $150,000 for a total contract amount not to exceed $390,000 through August 15, 2017.
    Financial Implications: Equipment Replacement Fund - $150,000
    Contact: Phillip Harrington, Public Works, 981-6300  
  1.  Amending Purchase Orders: Western States Oil for Fuel for City Vehicles and Equipment
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an extension to purchase order nos. 096835 (Public Works) and 097396 (Fire Department) with Western States Oil for the purchase of fuel for City vehicles, increasing the combined amount by $500,000 for a total amount for both purchase orders not to exceed $13,232,809 and extending the term for 4 months through January 31, 2016.
    Financial Implications: Various Funds - $500,000
    Contact: Phillip Harrington, Public Works, 981-6300  
  1.  Purchase Order Amendment: Altec Industries, Inc. for One Articulating Aerial Bucket Truck
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to amend the purchase order with Altec Industries, Inc. for one articulating aerial bucket truck to increase the amount by $2,775 for a total not to exceed $254,875.
    Financial Implications: Equipment Replacement Fund - $2,775
    Contact: Phillip Harrington, Public Works, 981-6300
  1.  Contract No. 8857A Amendment: TEC Accutite, Inc. for Tank Maintenance and Certification Services
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8857A with TEC Accutite, Inc. for the provision of tank maintenance and certification services, extending the term to July 31, 2017 and increasing the contract by $25,000 for a total contract amount not to exceed $150,000.
    Financial Implications: Various Funds - $25,000
    Contact: Phillip Harrington, Public Works, 981-6300  
  1.  Purchase Orders: Bruce's Tire, Inc. for New Automobile and Truck Tires
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute annual purchase orders for new tires for City owned vehicles and equipment with Bruce's Tire, Inc. in an amount not to exceed $875,000 for FY 2016 through FY 2020.
    Financial Implications: Equipment Maintenance Fund - $875,000
    Contact: Phillip Harrington, Public Works, 981-6300
  1.  Contract: Don's Tire Service, Inc. for Tire Repair Services
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a 5-year contract and any amendments and extensions with Don's Tire Service, Inc. for tire repair services, in an amount not to exceed $150,000 for the period September 25, 2015 to June 30, 2020.
    Financial Implications: Equipment Maintenance Fund - $150,000
    Contact: Phillip Harrington, Public Works, 981-6300    
  1.  Easement Agreement: LBA RIV-CO XII LLC c/o LBA Realty for Portion of City-Owned Real Property on Folger Avenue, APN 052-1512-010-02
    From: City Manager
    Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an easement agreement and any amendments with LBA RIV-CO XII LLC c/o LBA Realty for a portion of vacant City-owned real property on Folger Avenue (APN 052-1512-010-02) for construction and maintenance of a stormwater treatment facility and related improvements.
    Financial Implications: None
    Contact: Phillip Harrington, Public Works, 981-6300   
  1.  Purchase Order: Cal-Line Equipment, Inc. for 3 Bandit 250XP Brush Chippers
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for 3 Bandit 250XP Brush Chippers with Cal-Line Equipment, Inc. in an amount not to exceed $151,000.
    Financial Implications: Equipment Replacement Fund - $151,000
    Contact: Phillip Harrington, Public Works, 981-6300
  1.  Support UC Low Wage Workers and Senate Bill 376
    From: Commission on Labor
    Recommendation: 1.  Support the passage of SB 376 and send letter of support for SB 376 to members of the California Assembly. 2.  Endorse the community/labor coalition's petition to UC Berkeley Chancellor Nicholas Dirks urging him to hire currently contracted employees as regular employees; and to cease from entering into contracts with vendors whose employment practices promote payment of low wages and undercut wages and benefits of regular UC employees.
    Financial Implications: None
    Contact: Delfina Geiken, Commission Secretary, 981-5400
  1.  City Co-sponsor and Co-host a Screening of Documentary Film Addressing Rape and Sexual Assault on College Campuses
    From: Commission on the Status of Women
    Recommendation: Adopt a Resolution stating that the City of Berkeley officially co-sponsors and co-hosts a fall screening of The Hunting Ground with relevant community partners and authorizing the Commission on the Status of Women to use the City's name and logo in the event's promotional materials and signage naming the City of Berkeley as a co-sponsor for the purpose of the City indicating its policy endorsement of the event.
    F
    inancial Implications: Minimal
    Contact: Manuel Ramirez, Acting Commission Secretary, 981-5400 
  1.  Proclamation of Emergency Preparedness Month
    From: Disaster and Fire Safety Commission
    Recommendation: Endorse a proclamation to support October 2015 as Emergency Preparedness Month in Berkeley.
    F
    inancial Implications: None
    Contact: David Brannigan, Commission Secretary, 981-3473  
  1.  Additional Homeless Commission Meeting in 2015
    From: Homeless Commission
    Recommendation: Adopt a Resolution approving the request from the Homeless Commission to hold one additional meeting in calendar year 2015.
    Financial Implications: See report
    Contact: Andrew Wicker, Commission Secretary, 981-5400   
  1.  Appointment of Jenne King to Mental Health Commission
    F
    rom: Mental Health Commission
    Recommendation: Adopt a Resolution approving the appointment of Jenne King to the Mental Health Commission, as a representative of the special public interest category, for a three year term beginning September 16, 2015 and ending September 15, 2018.
    Financial Implications: None
    Contact: Carol Patterson, Commission Secretary, 981-5400  
  1.  In Support of the People of Okinawa 
    From: Peace and Justice Commission
    Recommendation: Adopt a Resolution supporting the people of Okinawa in their opposition to the U.S. Marine Base under construction at Henoko, Okinawa (also known as the Futenma Replacement Facility or “FRF”). The Resolution should also call on: 1. the U.S. Department of Defense to undertake an appropriate and sufficient “take into account” process as ordered by the Court under the National Historic Preservation Act (NHPA); 2. the U.S. Marine Mammal Commission to review and comment on this analysis. 3. Congress to review the environmental impacts of the construction; 4. Congress to address the lack of democratic means employed in the construction of this base in Okinawa.  Council should send a copy of this resolution to Representative Barbara Lee, and Senators Dianne Feinstein and Barbara Boxer as well as to Secretary of Defense Ashton Carter, Secretary of State John Kerry, President Obama, and to the Okinawan activists who signed the attached statement.
    Financial Implications: Unknown
    Contact: Manuel Ramirez, Acting Commission Secretary, 981-5400
  1.  Convention on the Rights of Persons with Disabilities
    From: Peace and Justice Commission
    Recommendation: Adopt a Resolution calling on the U.S. Senate to ratify the Convention on the Rights of Persons with Disabilities without delay; and send a copy to elected officials, and listed parties.
    F
    inancial Implications: Unknown
    Contact: Manuel Ramirez, Acting Commission Secretary, 981-5400

 Council Consent Items  

  1.  Support AB 101 – Ethnic Studies for California High Schools and Creation of an Ethnic Studies Advisory Committee 
    From: Councilmember Arreguin
    Recommendation: Adopt a Resolution: 1. Supporting Assembly Bill (AB) 101, the "Ethnic Studies for California High School", introduced by Assemblymember Luis A. Alejo; and 2. Urging the Berkeley Unified School District Board of Education to create an Ethnic Studies Advisory Committee to oversee establishing Ethnic Studies coursework as a requirement for graduation in Berkeley public schools. Copies of the Resolution are to be sent to the Berkeley Unified School District Board of Education, BUSD Superintendent Donald Evans, Assemblymember Luis Alejo, Senator Loni Hancock, Assemblymember Tony Thurmond and Governor Jerry Brown.
    Financial Implications: None
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1.  Mandatory Green Stormwater Infrastructure in New Developments
    From: Councilmember Arreguin
    Recommendation: Refer to the City Manager and Planning and Community Environmental Advisory Commissions to develop an ordinance requiring large residential developments of 100 units or more or commercial developments that result in 5,000 square feet of new or replaced impervious surface, to incorporate Green Stormwater Infrastructure (GSI) and water conservation features into new projects.
    Financial Implications: Staff time
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1.  Letter to AC Transit Regarding Aligning Bus Schedules with Berkeley High School Class Schedule
    From: Councilmember Arreguin
    Recommendation: Send the proposed letter to the AC Transit Board of Directors and General Manager requesting that it align its bus schedules for Lines 1, 1R,  7, 12, 17, 18, 25A, 25B, 49A, 49B, 51, 51B, 52, 65, 67, 88, and F, with the Berkeley High School class schedule so high school students can travel to and from campus safely, independently and on time.
    Financial Implications: None
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1.  Proclamation Declaring Latino Heritage Month in the City of Berkeley
    From: Councilmembers Arreguin and Worthington
    Recommendation: Adopt a proclamation declaring the period of September 15, 2015 to October 15, 2015 as Latino Heritage Month in the City of Berkeley.
    Financial Implications: None
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1.  Supporting Senate Bill 350 - The Clean Energy and Pollution Reduction Act of 2015
    From: Councilmembers Arreguin, Worthington, and Anderson
    Recommendation: Adopt a Resolution supporting Senate Bill (SB) 350 - the Clean Energy and Pollution Reduction Act of 2015, authored by State Senators Mark Leno and Kevin de León. Send a copy of the resolution to Governor Jerry Brown, State Senators Loni Hancock, Mark Leno, and Kevin de León, and Assemblymember Tony Thurmond.
    Financial Implications: None
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1.  Prohibit Sales of Tobacco Products to Persons Under the Age of 21
    From: Councilmember Arreguin
    Recommendation: Direct the City Manager and Community Health Commission to draft an ordinance amending Berkeley Municipal Code Chapter 9.80 "Tobacco Retailers" to prohibit the sales of tobacco products and smoking paraphernalia to persons under the age of 21.
    Financial Implications: Staff time
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1.  Raising the Minimum Age for Purchasing Tobacco Products to 21
    From: Councilmembers Capitelli and Moore
    Recommendation: Referral to the Community Health Commission to investigate the advisability and impact of raising the minimum age for purchasing tobacco and tobacco products, including electronic cigarettes, to 21 years of age.
    Financial Implications: Staff time
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150   
  1.  Donation of Urns and Installment Costs at a Value of $9,000 to the City of Berkeley from the Thousand Oaks Neighborhood Association 
    From: Councilmember Capitelli
    Recommendation: Adopt a Resolution accepting a donation of urns and installment costs from the Thousand Oaks Neighborhood Association at a value of $9,000.
    Financial Implications: See report
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
  1.  Installment of Urns in the Thousand Oaks Neighborhood: Relinquishment of Funds to Cover Permit Fees
     From: Councilmember Capitelli
    Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1100 per Councilmember including up to $1100 from Councilmember Capitelli to the Thousand Oaks Urn Project to cover permit fees from the city in order to install two new urns, with funds relinquished to the City's general fund for this purpose from the Council Office Budgets of Councilmember Capitelli and any other Councilmembers who would like to contribute.
    Financial Implications: Councilmember's Discretionary Fund - $1,100
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150   
  1.  Referral to City Manager to Amend BMC to Prohibit Possession of High Capacity Magazines in Berkeley and Require Residents to Turn Them in to the Police Department
    From: Councilmember Wengraf
    Recommendation: Request that the City Manager in cooperation with the Attorney's Office and Berkeley Police Department return to Council with a draft amendment to the Berkeley Municipal Code prohibiting Berkeley residents from possessing high capacity magazines.
    Financial Implications: Minimal
    Contact: Susan Wengraf, Councilmember, District 6, 981-7160   
  1.  Support U.S. House of Representative Resolution 364 Advocating for Equal Pay for Women in Fédération Internationale de Football Association (FIFA) Sponsored Athletics
    From: Councilmember Worthington
    Recommendation: Support House Resolution 364 and send a letter to U.S. Senators Dianne Feinstein and Barbara Boxer requesting support for H.Res. 364 which urge FIFA to eliminate gender pay inequity between women and men in professional soccer.
    Financial Implications: None
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170
  1.  Refer to the City Manager, Disability Commission, and Planning Commission to Develop an Ordinance Requiring New Residential Buildings to Provide Auto-door Openers and Roll-in Showers
    From: Councilmember Worthington
    Recommendation: Refer to the City Manager, Disability Commission, and Planning Commission to require new residential buildings in Berkeley to include essential wheelchair-accessible modifications such as auto door openers and roll-in showers.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170
  1.  Send a Letter to California Public Utilities Commission Opposing the Attack on Rooftop Solar by Big Utilities
    From: Councilmember Worthington
    Recommendation: Send a letter to the California Public Utilities Commission urging them to reject big utilities proposed unfair new fees and reduce credit rates to customers that install rooftop solar or make energy upgrades to their homes.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170   
  1.  Referral to Sugar Sweetened Beverage Panel of Experts: Consider Creating an Ordinance, Establishing Healthy Default Beverages with Children’s Meals
    From: Councilmember Worthington
    Recommendation: Refer to the Sugar Sweetened Beverage Panel of Experts to consider creating an ordinance establishing healthy default beverages offered with children's meals. The main goals are to promote awareness of the increasing rate of obesity-related health problems among children and help to establish healthier eating habits in order to achieve balanced caloric intake and energy expenditure.
    Financial Implications: Unknown
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170   
  1.  Oppose House Resolution 3009 “Enforce the Law for Sanctuary Cities Act” and Send a Letter to U.S. Senators Feinstein and Boxer
    From: Councilmember Worthington
    Recommendation: Oppose House Resolution 3009 and request U.S. Senators Feinstein and Boxer to oppose this anti-immigrant federal legislation.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170
  1.  Support Senate Bill 658 and Send a Letter to Governor Jerry Brown Requesting More Automated External Defibrillators (AEDs) Available and Accessible
    From: Councilmember Worthington
    Recommendation: Support SB 658 and send a letter to Governor Jerry Brown requesting more Automated External Defibrillators (AEDs) available and accessible.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1.  City Manager Referral: Consider Adding Ygrene as the Fourth Property Assessed Clean Energy Program
    F
    rom: Councilmember Worthington
    Recommendation: Refer to the City Manager to consider adding Ygrene as the fourth property assessed clean energy program.
    Financial Implications: None
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170   
  1.  Referral to the Community Environmental Advisory Commission to Install 1.8 GPM Showerheads in All New Housing Projects or Any Renovation Over $50,000
    From: Councilmember Worthington
    Recommendation: Refer to the Community Environmental Advisory Commission to explore requiring a maximum of 1.8 GPM low flow showerheads in new housing projects and all housing renovations exceeding $50,000 throughout Berkeley.
    Financial Implications: Minimal
    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 – Old Business

56.    Retail Incentives in Commercial Districts (Continued from July 14, 2015)

From: City Manager

Contact: Michael Caplan, Economic Development, 981-7530

57.    City Manager Referral: Reinstate Inviting Community Agencies to Make Presentations During the Commission Funding Process (Continued from June 30, 2015)

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

 Action Calendar – New Business

58.    Amendment to BMC Chapter 9.80 - Tobacco Retailers

Presentation 
From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Sections 9.80.010, 9.80.020, 9.80.030 and 9.80.035, and adding Section 9.80.037 to:

1.   Require a Tobacco Retail License (TRL) to sell Electronic Nicotine Delivery Systems (ENDS) and e-liquids; 

2.   Implement a buffer zone around schools and public parks, with a grace period of three years to minimize economic hardship for qualifying retailers, that would:

a.   Prohibit the sale of ENDS, e-liquids, and flavored (including menthol) tobacco products within 1,000 feet of schools and parks, effective January 1, 2017

(Option 1);

-OR-

b.   Prohibit the sale of all tobacco products (conventional and electronic) within 600 feet of schools and parks, effective immediately for new retailers and January 1, 2019 for existing retailers (Option 2).

Financial Implications: See report

Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

59.    a. Revisions to Minimum Wage Ordinance B.M.C 13.99 
Presentation
From: Commission on Labor
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.99 that will ensure the Berkeley Minimum Wage Ordinance is successful in promoting and protecting the rights and the individual self-reliance of working people in Berkeley by raising the minimum wage to a living wage, adding an annual cost of living adjustment, and granting adequate paid sick leave to all workers. 

Financial Implications: None

Contact: Delfina Geiken, Commission Secretary, 981-5400

b. Proposed Amendments to the Minimum Wage Ordinance; Amending Berkeley Municipal Code Chapter 13.99 

 Presentation
From: City Manager

Recommendation: Review and consider information regarding the activities and costs associated with implementing and enforcing the Commission on Labor's proposed amendments to the Minimum Wage Ordinance (MWO), including the potential impact of the proposed amendments on the City's minimum wage employees, employers, non-profit organizations and community-based organizations, on-call workers and youth training program workers, and either:

1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.99, which includes staff-recommended revisions to the Commission's proposed Ordinance;

-OR-

2. Refer the MWO back to the City Manager for further analysis and revisions.

Financial Implications: Staff time

Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

60.   Berkeley Fair Elections Public Campaign Financing Ballot Measure

From: Fair Campaign Practices Commission

Recommendation: Consider the public funding proposal from MapLight and the League of Women Voters (dated January 5, 2015) for possible further consideration for the November 2016 ballot.

Financial Implications: None

Contact: Savith Iyengar, Commission Secretary, 981-6950

61.   In Support of BHS Stop Harassing

From: Peace and Justice Commission

Recommendation: Adopt a Resolution supporting BHS Stop Harassing and its efforts to better the climate at Berkeley High School and throughout the school district to proactively prevent sexual harassment through modeling, education, training and availability of relevant resources as well as a comprehensive plan to resolve the types of numerous incidents of sexual harassment within the school district that have taken place if and when they continue to take place.  Copies of the resolution are to be sent to BUSD Superintendent Dr. Donald Evans, and to each of the BUSD School Board Directors, and to each school principal in the Berkeley Unified School District.

Financial Implications: Unknown

Contact: Manuel Ramirez, Acting Commission Secretary, 981-5400

Information Reports

62.  Establishment of a Code Enforcement Prioritization Policy

From: City Manager

Contact: Gil Dong, City Manager’s Office, 981-7000

63.  Audit Update: Construction Permits: Monitor Performance and Fee Assessments to Ensure Excellent and Equitable Customer Service

From: City Manager

Contact: Eric Angstadt, Planning and Development, 981-7400

64.  Bike Share Public Outreach and Agreements

From: City Manager

Contact: Phillip Harrington, Public Works, 981-6300

65.  Community Environmental Advisory Commission 2015 Work Plan

From: Community Environmental Advisory Commission

Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

66.  Mid-year Update from Energy Commission

From: Energy Commission

Contact: Neal DeSnoo, Commission Secretary, 981-7400

67.  Recommended Changes to Berkeley Police Department General Order N-17, Suspicious Activity Reporting and Relationship With the Northern   California Regional Intelligence Center

From: Police Review Commission

Contact: Katherine Lee, Commission Secretary, 981-4950

68.  Report of the Alameda County Transportation Commission, May 28, 2015 and June 25, 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.    Chuck Teller

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 September 3, 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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