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General Information
General Information

 

Regular Meeting Annotated Agenda
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.

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 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING

TUESDAY, OCTOBER 6, 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: 7:10 p.m.

Present: Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington

Absent: Anderson, Bates

Ceremonial Matters:

1. Recognition of Indigenous Peoples Day

City Manager Comments:  None.

Public Comment on Non-Agenda Matters: 6 speakers.

Public Comment on Consent Calendar and Information Items Only: 12 speakers.

Consent Calendar

Action: M/S/C (Moore/Wengraf) to adopt the Consent Calendar in one motion except as indicated.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – None; Abstain – None; Absent – Anderson, Bates.

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
Action: Approved recommendation.

2. 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
Action: Approved recommendation.

3. 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
Action: Adopted Resolution No. 67,222–N.S.

4. 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
Action: Adopted Resolution No. 67,223–N.S.

5. 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
Action: Adopted Resolution No. 67,224–N.S. (Dillingham); and Resolution No. 67,225–N.S. (McArdle)

6. 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
Action: Adopted Resolution No. 67,226–N.S.

7. 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
Action: Approved recommendation.

8. 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: Councilmembers Wengraf, Droste, and Moore added as co-sponsors. Adopted Resolution No. 67,227–N.S.

Action Calendar

9. Retail Incentives in Commercial Districts (Continued from September 15, 2015)
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530
Action: M/S/C (Arreguin/Wengraf) to accept revised material from Councilmember Arreguin on Item 9.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – None; Abstain – None; Absent – Anderson, Bates.
Action: Revised recommendation moved to Consent Calendar and adopted as follows:

Recommendation:
Refer to the City Manager and Planning Commission the following concepts for study to create “non-financial” incentives for anchor retail and improving the quality of ground-floor commercial spaces throughout the city’s commercial districts:

1. Possible reduction in levels of permitting discretion for targeted retail uses such as:
• Grocery stores
• Shoe stores
• Clothing stores
• Sporting goods stores
• Department stores (Target, Ross etc.)
• Electronics stores
• Furniture/Furnishings
• Household Appliances
• Entertainment (Family-friendly activities, Bowling Alley, Dave and Busters etc.)
2. Establishment of a 5 foot height bonus incentive for the creation of new quality active ground-floor retail space. Explore San Francisco’s adopted 5 foot height bonus for active, attractive ground-floor commercial space which meet the definition of “active ground floor” use (SF Planning Code Section 145.1(e) defines active uses as those that are oriented to public access and walk-up pedestrian activity). This five foot increase must be used for adding more space to the ground floor. (included in the 2008 Market/Octavia and Eastern Neighborhood Plans)

See attached email with links to San Francisco Planning Department reports and an article from SF SPUR on ground-level design that mentions the height bonus for active ground-floor retail.

10. 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
Action: Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,443–N.S. 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).  Second reading scheduled for October 27, 2015.

11. 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
Action: Item 11.b. moved to Consent Calendar.  5 speakers. Item moved to Action Calendar.

Action: M/S/C (Worthington/Maio) to approve the City Manager’s recommendation in Item 11.b.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – None; Abstain – None; Absent – Anderson, Bates.

Council Action Items

12. 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
Action: 6 speakers. M/S/C (Wengraf/Maio) to refer the item to the City Council referral priority setting process.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – None; Abstain – None; Absent – Anderson, Bates.

13. 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
Action: Item held over to October 27, 2015.

Public Comment – Items Not Listed on the Agenda – 3 speakers.

Adjournment

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

Adjourned at 8:30 p.m. in memory of the victims of the Umpqua Community College mass shooting:

 

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

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