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General Information
General Information


Regular Meeting eAgenda
October 6
, 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.


  • 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.


Tuesday, October 6, 2015 
7:00 P.M. 

Council Chambers - 2134 Martin Luther King Jr. Way 
Tom Bates, Mayor 

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.  Reallocation of the Community Service Animal Rescue Grant to a Low Cost or No Cost Spay/Neuter Grant for the Residents of Berkeley From: City Manager 
    Recommendation: Approve funding for additional low cost or no cost spay/neuter services for the pets of the residents of Berkeley by reallocating $23,812 from the Community Services Animal Rescue Grant. 
    Financial Implications: See report 
    Contact: Gil Dong, City Manager’s Office, 981-7000
  1.  Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Approval on October 6, 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: Sanitary Sewer Operation Fund -$160,000 
    Contact: Henry Oyekanmi, Finance, 981-7300


  1.  Salary: Parking Enforcement Manager Classification 
    From: City Manager 
    Recommendation: Adopt a Resolution amending Resolution No. 66,685-N.S., Classification and Salary Resolution for Public Employees Union Local One, to increase the salary range of the Parking Enforcement Manager classification to $6,683 to $8,150 per month, effective October 6, 2015. 
    Financial Implications: See report 
    Contact: David Abel, Human Resources, 981-6800


  1.  Contract No. 9169B Amendment: Townsend Management Inc. for Additional Construction Management and Construction Support Services for Parks Capital Improvement Projects 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9169B with Townsend Management, Inc. (TMI) to provide additional construction management and construction support services for parks capital improvement projects, in an amount not to exceed $110,000 for a total contract amount not to exceed $301,096, and extending the term through December 31, 2016. 
    Financial Implications: Various Funds - $110,000 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700


  1.  Contract Amendments: On-Call Landscape Architecture and Project Development Services – Dillingham Associates and McArdle Design Inc. 
    From: City Manager 
    Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to the following two contracts for on-call landscape architecture services, extending the initial terms ending November 1, 2016 to June 30, 2017:  
    1.  Dillingham Associates, Contract No. 9537A, increasing the amount by $83,000 for a new contract amount not to exceed $275,000;  
    2.  McArdle Design Inc. (formerly known as Hansen McArdle Inc.), Contract No. 9529, increasing the amount by $100,000 for a new contract amount not to exceed $200,000. 
    Financial Implications: See report 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700


  1.  Berkeley Tuolumne Camp Update and Authorization to File a Special Use Permit Application with the United States Forest Service 
    From: City Manager 
    Recommendation: Adopt a Resolution: 1. Authorizing the City Manager to file a Special Use Permit (SUP) application with the United Stated Forest Service (USFS) to allow the City of Berkeley's Tuolumne Camp (BTC) to operate in its current location for 30 years; and 2. Authorizing the City Manager to execute a contract with the USFS in an amount not to exceed $60,000 to provide National Environmental Policy Act (NEPA) consultation and review for the Master Development Plan process. 
    Financial Implications: Playground Camp Fund - $60,000 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700


  1.  Audit Report: Most Contracts Executed Timely but Contract Project Managers Could Use Better Tools and Guidance 
    From: Auditor 
    Recommendation: Request the City Manager report back by April 26, 2016, and every six months thereafter, regarding the status of recommendations until reported fully implemented. 
    Financial Implications: See report 
    Contact: Ann-Marie Hogan, Auditor, 981-6750


Council Consent Items

  1.  City Sponsorship of the Fourth Annual Sunday Streets 
    From: Councilmember Capitelli 
    Recommendation: Adopt a Resolution: 1. Co-sponsor the 2015 Sunday Streets event to be held on Sunday, October 18, 2015; 2. Give permission for use of the name of the City of Berkeley and the City’s logo in media coverage of Sunday Streets 2014; and 3. Acknowledge that the $30,000 FY 2016 allocation for Sunday Streets approved in June 2015 be utilized by the organizers of the event, the Downtown Berkeley Association and the North Shattuck Association, in association with founding partner Livable Berkeley and program management partner Walk Oakland Bike Oakland (WOBO). 
    Financial Implications: See report 
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

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

  1.  Retail Incentives in Commercial Districts (Continued from September 15, 2015) 
    From: City Manager 
    Contact: Michael Caplan, Economic Development, 981-7530

 Action Calendar - New Business


  1.  Amending Berkeley Municipal Code Chapter 9.96 Regarding Point of Sale Cell Phone Warnings in Response to District Court Order 
    From: City Manager 
    Recommendation: Adopt first reading of an Ordinance amending Section 9.96.030.A consistent with the order issued by the U.S. District Court in CTIA v. City of Berkeley (USDC ND CA C-15-2529 EMC). 
    Financial Implications: None 
    Contact: Zach Cowan, City Attorney, 981-6950
  1. a. Permit Fees Waivers for City-Owned Building Projects Applying for Community Development Block Grant Funding 
    From: Housing Advisory Commission 
    Recommendation: Direct the City Manager to allow automatic permit fees waivers for City-owned building projects receiving Community Development Block Grant (CDBG) Funding. 
    Financial Implications: See report 
    Contact: Amy Davidson, Commission Secretary, 981-5400

b. Waive Permit Fees for CDBG Projects at City-Owned Properties 
From: City Manager 
Recommendation: Take no action regarding the Housing Advisory Commission's recommendation to waive permit fees for Community Development Block Grant (CDBG)-funded projects at City-owned properties. 
Financial Implications: See report 
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400


Council Action Items

  1.  Referral to the City Manager: Prioritize Climate Action Plan’s Policy to Redesign/Rebuild the Berkeley Transfer Station and Material Recovery Facility into a State of the Art Zero Waste Facility 
    From: Councilmember Worthington 
    Recommendation: Referral to the City Manager: Prioritize the City of Berkeley's Climate Action Plan's policy to redesign/rebuild the Berkeley Transfer Station and the material recovery facility into a state of the art Zero Waste facility. 
    Financial Implications: Minimal 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170
  1.  Green Affordable Housing Package 
    From: Councilmember Droste 
    Recommendation: Refer that the Planning Commission and City Manager investigate the following two policies as ways to reduce barriers for the creation of affordable housing. City Council requests that commissions and staff address and propose solutions and/or an implementation plan using the recommendations in the report by September 1, 2016. Policy 1: Designate units and funding for affordable housing by prioritizing housing over parking spaces in new developments. Policy 2: Remove the structural and procedural barriers to creating more housing. 
    Financial Implications: See report 
    Contact: Lori Droste, Councilmember, District 8, 981-7180

Public Comment – Items Not Listed on the Agenda –


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
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


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




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 24, 2015.

Mark Numainville, City Clerk



 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. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

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