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Regular Meeting Annotated Agenda
September 29
, 2015

 

 

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

Note:

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

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

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

~~~~~~~~~~~~~~~~~~~~~ 
 ANNOTATED AGENDA 

BERKELEY CITY COUNCIL MEETING

 
TUESDAY, SEPTEMBER 29, 2015
7:00 P.M.
 
COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY
 
TOM BATES, MAYOR
 
Councilmembers:  
 
 
DISTRICT 1 - LINDA MAIO              DISTRICT 5 - LAURIE CAPITELLI
DISTRICT 2 - DARRYL MOORE              DISTRICT 6 - SUSAN WENGRAF
DISTRICT 3 - MAX ANDERSON              DISTRICT 7 - KRISS WORTHINGTON
DISTRICT 4 - JESSE ARREGUIN              DISTRICT 8 - LORI DROSTE
 
Preliminary Matters 
 
Roll Call: 7:39 p.m. 
 
Present: Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington, Bates.  
 
Absent: Anderson.  
 
Ceremonial Matters: None. 
 
City Manager Comments:  

1. Citywide Emergency Exercise on October 17 – register online at www.cityofberkeley.info/getready
2. Movies in the Park at Willard Park on October 2 at 7:30 p.m.

Public Comment on Non-Agenda Matters: 5 speakers.
 
Public Comment on Consent Calendar and Information Items Only: 5 speakers.
 
Consent Calendar 
 
Action: M/S/C (Bates/Worthington) to adopt the Consent Calendar in one motion except as indicated.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.

1. FY 2016 Annual Appropriations Ordinance Correction
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,436-N.S. amending Ordinance No. 7429-N.S. to reflect the correction of a typographical error in Section 1.H.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,436-N.S.

2. Regulation of Off-Street Parking Lots; Adding BMC Chapter 9.92 and Amending BMC Chapter 13.52
From: City Manager
Recommendation:
1.  Adopt second reading of Ordinance No. 7,437-N.S. adopting a new Chapter 9.92 of the Berkeley Municipal Code, regulating off-street parking lots.
2.  Adopt second reading of Ordinance No. 7,438-N.S. amending Chapter 13.52 of the Berkeley Municipal Code relating to parking of vehicles on private property.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Item removed from the agenda by the City Manager.

3. Amending BMC Chapter 13.44 Regulating Street Events
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,439-N.S. amending Sections 13.44.060 and 13.44.090, and adding Section 13.44.150 of the Berkeley Municipal Code, regulating street events.
First Reading Vote:  All Ayes.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,439-N.S.

4. 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 second reading of Ordinance No. 7,440-N.S. 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.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,440-N.S.

5. Amendment to BMC Chapter 9.80 - Tobacco Retailers
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,441–N.S. 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 only, 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 600 feet (reduced from 1000 feet) of schools only, effective January 1, 2017.
3. Add a provision to prohibit the issuance of new TRLs within the 600 foot buffer zone.
Second reading scheduled for September 29, 2015
Vote: All Ayes.
Financial Implications: See report
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Adopted second reading of Ordinance No. 7,441-N.S.

6. Berkeley Municipal Code Chapter 3.02 Amendment Related to Alternate Commissioners
From: City Manager
Recommendation:
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 3.02 to allow for Councilmembers and the Mayor to appoint a pool of Alternate Commissioners to serve on designated commissions when their regular appointee is on an authorized leave of absence; and  
2. Adopt a Resolution specifying the commissions to which an Alternate Commissioner may be appointed and specifying the applicability of certain regulations regarding Alternate Commissioners.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, 981-6900
Action: 1. Adopted first reading of Ordinance No. 7,442-N.S.  Second reading scheduled for October 13, 2015. 2. Adopted Resolution No. 67,205–N.S.

7. Donation to the Animal Shelter from the Estate of Lisa Devlin
From: City Manager
Recommendation: Adopt a Resolution accepting a donation in the amount of $9,082 from the estate of Lisa Devlin.
Financial Implications: $9,082 (Donation)
Contact: Gil Dong, City Manager’s Office, 981-7000
Action: Adopted Resolution No. 67,206–N.S.

8. Contract No. 9081 Amendment: University Veterinary Hospital for Veterinary Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9081 with University Veterinary Hospital for veterinary services to increase the amount by $45,000, for a total not to exceed $90,000, and to extend the term of the contract to June 30, 2019.
Financial Implications: Animal Shelter Fund - $45,000
Contact: Gil Dong, City Manager’s Office, 981-7000
Action: Adopted Resolution No. 67,207–N.S.

9. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on September 29, 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 - $6,900,000
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Approved recommendation.

10. Revenue Agreement Between the State of California Board of Equalization (BOE) and the City of Berkeley for Collection of the Local Charges on Prepaid Telephony Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an agreement with the California State Board of Equalization (BOE) for the collection of the local charges on prepaid mobile telephony services (MTS).
Financial Implications: Unknown
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Adopted Resolution No. 67,208–N.S.

11. Memorandum of Understanding: Berkeley Fire Fighters Association/I.A.F.F. Local 1227
From: City Manager
Recommendation: Adopt two Resolutions:
1. Approving a new two (2) year Memorandum of Understanding (hereafter referred to as "MOU") with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (hereafter referred to as the "Association") with a term of July 1, 2015 through June 17, 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 Unit B to implement the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 66,566-N.S.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 67,209–N.S. (MOU) and Resolution No. 67,210–N.S. (Salary)

12. Appointment of Director of Finance
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Henry Oyekanmi as Director of Finance effective September 30, 2015.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 67,211–N.S.

13. Appointment of Director of Information Technology
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Savita Chaudhary as Director of Information Technology effective no later than October 30, 2015.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800
Action: Adopted Resolution No. 67,212–N.S.

14. Contract: Freitas Landscaping for 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 $119,000 for the first contract year, from September 30, 2015 to June 30, 2016, with an option to renew for two additional years, for a total contract amount not to exceed $447,000, contingent upon annual budget appropriation.
Financial Implications: Various Funds - $447,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 67,213–N.S.

15. Donation of Fire Equipment to the Berkeley Unified School District
From: City Manager
Recommendation: Adopt a Resolution approving the donation of surplus Fire Apparatus Auto 1995 VIN No. 1FVACWCS34HM90411 to the Berkeley Unified School District.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 67,214–N.S.

16. Contract No. 8758B Amendment: LAZ Parking California LLC for Additional Garage Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8758B with LAZ Parking California LLC, increasing the amount by $908,990, for a total not-to-exceed amount of $6,307,652 through the existing term of the contract ending August 7, 2016.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 67,215–N.S.

17. Grant Application: MTC Climate Initiatives - goBerkeley Residential Shared Parking Pilot
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Metropolitan Transportation Commission (MTC) Climate Initiatives Program to undertake a residential shared parking pilot as a next step in the goBerkeley program for an amount up to $1,000,000; and accept the grants awarded, and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 67,216–N.S.

18. Contract: GECO, Inc. for Fire Station No. 1 Renovation
From: City Manager
Recommendation: Adopt a Resolution:
1.  Approving plans and specifications for Fire Station No.1 Renovation, Specification No. 15-10907-C; and
2.  Accepting the bid of GECO, 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 GECO, Inc. for the Fire Station No. 1 Renovation, in an amount not to exceed $938,400.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 67,217–N.S.

19. Additional Sugar-Sweetened Beverage Products Panel of Experts Commission Meetings in 2015
From: Sugar Sweetened Beverage Products Panel of Experts
Recommendation: Adopt a Resolution approving two additional meetings of the SSBPPE Commission in calendar year 2015
Financial Implications: See report
Contact: Janet Berreman, Commission Secretary, 981-5400
Action: Adopted Resolution No. 67,218–N.S. 

Council Consent Items

20. Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Bates to the Berkeley Holiday Fund's annual campaign with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Fund - $500
Contact: Tom Bates, Mayor, 981-7100
Action: Adopted Resolution No. 67,219–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Maio - $250; Councilmember Wengraf - $100.

21. Berkeley Food and Housing Project 45th Anniversary Tribute, October 1: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmembers Maio and Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $100 per councilmember, including $100 from Councilmember Maio and up to $100 from Councilmember Wengraf, to the Berkeley Food and Housing Project with funds relinquished to the city's general fund for this purpose from the discretionary council office budgets of Councilmembers Maio and Wengraf, and any other councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $100
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Adopted Resolution No. 67,220–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Mayor Bates - $100; Councilmember Maio - $100; Councilmember Wengraf - $100; Councilmember Moore - $100; Councilmember Capitelli - $100; Councilmember Arreguin - $100.

22. Proclamation Declaring October 10, 2015 as Indigenous Peoples Day and Approving City Co-Sponsorship
From: Councilmember Arreguin
Recommendation: Approve the attached proclamation:  
1. Declaring October 10, 2015 as Indigenous Peoples Day in the City of Berkeley; and
2. Approving City co-sponsorship of the 2015 Indigenous Peoples Day event.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Adopted proclamation.

23. Support Justice for Port Chicago Workers by Sending a Letter to President Obama
From: Councilmembers Worthington and Anderson
Recommendation: Send a letter to President Obama to support justice for 50 Port Chicago workers.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

24. Endorse Fight for $15’s Campaign for McDonald’s Workers to Receive a Minimum Wage of $15 an Hour and Send a Letter to McDonald’s CEO
From: Councilmember Worthington
Recommendation: Endorse Fight for $15's Campaign to raise the minimum wage of McDonald's fast food workers to $15 an hour and send a letter to McDonald's CEO Steve Easterbrook.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Action Calendar.  3 speakers.  M/S/C (Arreguin/Worthington) Approved recommendation with letter amended to add the following sentence at the beginning of the letter: “The City of Berkeley is working towards increasing the minimum wage and ultimately working toward a living wage for all employees.  And we endorse the fight for $15.” 
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.

25. City Manager Referral: Create a Pathway for City Employees to Earn a Living Wage Within Two Years
Revised Material
From: Councilmember Worthington
Recommendation: Refer to the City Manager to create a pathway for City full-time and part-time employees to earn a living wage within two years.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Action Calendar.  0 speakers.  M/S/C (Worthington/Arreguin) to accept revised material from Councilmembers Worthington, Arreguin, and Moore on Item 25.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson
Action: M/S/C (Arreguin/Moore) to hold over the item to November 17, 2015 with staff to provide information on a pathway for City employees to earn a living wage, financial and policy implications, the classifications not covered by the represented bargaining unit, and exemptions for youth employment and interns.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – None; Abstain – Bates; Absent – Anderson.

26. Send Letter to Governor Brown Encouraging Him to Sign AB 953 to Facilitate Local and Statewide Data Gathering on Racial Profiling Statistics
From: Councilmembers Worthington, Anderson, Moore, and Arreguin
Recommendation: Send letter to Governor Brown encouraging him to sign AB 953 to facilitate statewide data gathering on racial profiling statistics.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation. 

Action Calendar – Old Business

27. a. Support for Recommendations as to Implementation of AB 1421 Alternatives Developed by Alameda County Behavioral Health Services Stakeholder's Group (Continued from June 9, 2015)
From: Mental Health Commission
Recommendation: Adopt a Resolution directing the City Manager to send a letter of support to the Alameda County Board of Supervisors from the City of Berkeley for the recommendations developed by the AB 1421 stakeholder group reviewing the programs identified as addressing the needs of persons with serious mental illness not currently engaged in mental health treatment.  These recommendations were submitted by Alex Briscoe, Director, Health Care Services Agency to the Alameda County Board of Supervisors on January 13, 2015.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5400

b. Support for Recommendations as to Implementation of AB 1421 Alternatives Developed by Alameda County Behavioral Health Services Stakeholder's Group (Continued from June 9, 2015)
From: City Manager
Recommendation: Review additional background information related to the Mental Health Commission's recommendations regarding implementation of AB 1421 alternatives developed by Alameda County Behavioral Health Services stakeholder's group.
Financial Implications: None
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

Action: M/S/C (Bates/Maio) to accept revised material from Councilmember Maio on Item 27.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.

Action: M/S/C (Wengraf/Maio) to call the question on Item 27. 
Vote:  Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – Bates; Abstain – None; Absent – Anderson

Action: 15 speakers.  M/S/C (Maio/Capitelli) to communicate the following to the Alameda County Board of Supervisors:

“The Berkeley City Council acknowledges the value of increased mental health services for those who voluntarily enter services, as proposed by the Alameda County Behavioral Health staff, and supports expeditious implementation of all 11 proposals as soon as possible.

However, the staff proposal does not go far enough as it does not provide for intervention on behalf of those whose severe mental condition is so disabling that they cannot and will not voluntarily enter services.  Such persons are often homeless on our streets, in serious, deteriorated condition, and are often subject to police intervention and criminal punishment, not to mention death.  No civilized society should allow this situation to go unaddressed.

Therefore, the Berkeley City Council reiterates its request to the Board of Supervisors to initiate a meaningful pilot of Assisted Outpatient Treatment, AB 1421,* which specifically addresses this population and has been successful elsewhere.  Many counties have adopted AB 1421, most notably in our region, San Francisco, and Contra Costa.

In addition, request staff to acquire, for Council review, the most recent evaluations of County Behavioral Health services that show outcomes for their clients and in particular for our most severely mentally ill persons.  

*does not mandate or force medication, as has been alleged by opponents; provides for the court to direct persons who are seriously ill to enter community-based housing and wraparound services.

Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain – Arreguin; Absent – Anderson.  

28. 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 (Continued from July 14, 2015)
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 (Continued from July 14, 2015)
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: Phillip Harrington, Public Works, 981-6300
Action: 5 speakers. M/S/C (Wengraf/Worthingon) to approve the staff recommendation in 28b and Phase 1 of the commission recommendation in 28a. 
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.

29. Support AB 101 – Ethnic Studies for California High Schools and Creation of an Ethnic Studies Advisory Committee (Continued from September 15, 2015)
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
Action: Item removed from the agenda by Councilmember Arreguin.

Action Calendar – New Business
30. Report on the Process Currently Underway to Select the City's Fourth Authorized Cannabis Dispensary
From: City Manager
Recommendation
1. Review the selection process to date;  
2. Consider the letter from Community Partnership 4 Health regarding the status of its dispensary application; and 
3. Adopt a Resolution amending Resolution No. 66,711-N.S. to alter the selection process to allow the Council to consider all of the applicants currently deemed complete.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: 5 speakers.  M/S/C (Worthington/Moore) to adopt Resolution No. 67,221–N.S. amending Resolution No. 66,711-N.S. to alter the selection process to allow the Council to consider all of the applicants currently deemed complete.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington; Noes – Bates; Abstain – Droste; Absent – Anderson.
Action: M/S/C (Maio/Bates) to suspend the rules and extend the meeting to      11:15 p.m.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – None; Abstain – Droste; Absent – Anderson.
 
31. a. Amendments to Accessory Dwelling Unit Ordinance 23.D.10
From: Councilmembers Droste, Moore, and Worthington
Recommendation: Accessory Dwelling Unit Ordinance 23.D.10 is a great step towards increasing Berkeley’s housing stock and adding subtle density to residential neighborhoods. The following amendments will support density in walkable neighborhoods, and streamline parking waivers for neighborhoods without RPP zones that are close proximity to BART.  Amend the following sections: 23.D.10.040 5. The Subject lot shall provide one off off-street parking space for the Accessory Dwelling Unit in conformance with Chapter 23D.12, except as provided in the report.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180
 
b. Zoning Amendments to Encourage Accessory Dwelling Units (ADUs); Amending BMC Chapter 23D.10
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 23D.10 to modify the existing regulation of Accessory Dwelling Units (ADUs) to improve readability and correct a technical error.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Item 31a to be held over to November 3, 2015.  Item 31b to be resubmitted by staff for the November 3, 2015 meeting.
 
32. Report Regarding Citizens Redistricting Commission Charter Amendment and Ordinance Amendment
From: Open Government Commission
Recommendation: Approve the Citizens Redistricting Commission Charter Amendment and Ordinance Amendment as accepted by the Open Government Commission.
Financial Implications: None
Contact: Savith Iyengar, Commission Secretary, 981-6950
Action: Moved to Consent Calendar.  Approved recommendation.
Council Action Items
33. Match All National Housing Trust Fund Grants Awarded to Recipient Projects in Berkeley
From: Councilmember Worthington
Recommendation: Adopt a Resolution to match all National Housing Trust Fund (NHTF) grants awarded to recipient projects in Berkeley.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over to October 27, 2015.
Supplemental Material
From: Councilmember Worthington
Recommendation: Send a letter to Governor Jerry Brown requesting the creation of a statewide allocation process to receive grants from the National Housing Trust Fund when funding is awarded to states.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item removed from the agenda by Councilmember Worthington.
 
35. Housing Trust Fund Loan for $1,000,000
From: Councilmembers Worthington and Anderson
Recommendation: Loan $1,000,000 to the Housing Trust Fund.
Financial Implications: $1,000,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over to October 27, 2015.
 
36. City Manager Referral: Creating an Animal Friendly Menu Policy for the Berkeley Animal Care Shelter at Official Sponsored Events
From: Councilmember Worthington
Recommendation: Refer to the City Manager to examine the feasibility of creating an animal friendly menu policy for the Berkeley Animal Care Shelter at official sponsored events.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: 8 speakers. M/S/Failed (Worthington/Droste) to refer to the City Manager to examine the feasibility of creating an animal friendly menu policy for the Berkeley Animal Care Shelter at official sponsored events.
Vote: Ayes – Arreguin, Worthington, Droste, Bates; Noes – Wengraf; Abstain – Maio, Moore, Capitelli; Absent – Anderson.
 
Action: M/S/C (Wengraf/Moore) to refer the item to the Animal Care Commission.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – Arreguin; Absent – Anderson.
 
37. Schedule a City Council Worksession on Berkeley Community Media’s New Community Based App and Website Called MediaPhile
From: Councilmember Worthington
Recommendation: Schedule a City Council Work Session on Berkeley Community Media’s new community based app and website called MediaPhile.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Item scheduled for a special meeting on October 13, 2015 at 6:30 p.m.
 
38. Public Health Priorities: Community Engagement Report
From: City Manager
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Received and filed.
 
39. LPC-NOD: 1952 University Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.
 
40. **Removed from Agenda by City Manager** Consolidated Status Update on 3 Audits: Purchase Order Audit – Select Public Works Divisions at the Corporation Yard; Public Works Contract Monitoring: Risk of Overpayment/Lack of Inventory Controls; City Fuel Operations Need Improvement
From: City Manager
Contact: Phillip Harrington, Public Works, 981-6300
 
41. University Avenue Improvements in Downtown Streets and Open Space Improvement Plan
From: City Manager
Contact: Phillip Harrington, Public Works, 981-6300
Action: Moved to Action Calendar.  Moved to Consent Calendar and referred to the Transportation Commission.
Public Comment – Items Not Listed on the Agenda – 2 speakers.
 
Adjournment
 
Action: M/S/C (Moore/Worthington) to adjourn the meeting.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
 
Adjourned at 11:07 p.m. in memory of:
1. George Cleve, Conductor
2. Martha Colburn, Local Activist
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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