311 City Services
  • Online Services
  • For City services in many
  • languages, call
  • 311 or 510-981-2489

Translation Disclaimer

Quick Links

 

General Information
General Information

 

Regular Meeting Annotated eAgenda
November 3
, 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, NOVEMBER 3, 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: 7:11 p.m.

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

Absent: None

Ceremonial Matters:

1. Disaster Readiness Town Hall Meeting at South Berkeley Senior Center, November 4 at 6:30pm

City Manager Comments:  None.

Public Comment on Non-Agenda Matters: 4 speakers.

Public Comment on Consent Calendar and Information Items Only: 7 speakers.

Consent Calendar

Action: M/S/C (Wengraf/Maio) to accept supplemental material from Councilmember Worthington on Item 20.
Vote: All Ayes.

Action: M/S/C (Droste/Wengraf) to accept supplemental material from Councilmember Droste on Item 15.
Vote: All Ayes.

Action: M/S/C (Bates/Worthington) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.

1. Grant: Maddie's Fund, Pet Rescue Foundation to the Animal Care Shelter
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with Maddie's Fund, Pet Rescue Foundation, to accept $10,000 to support Berkeley Animal Care Services in its programs and services to homeless animals.
Financial Implications: $10,000 (Revenue)
Contact: Gil Dong, City Manager’s Office, 981-7000
Action: Adopted Resolution No. 67,247–N.S.

2. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on November 3, 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 - $4,608,671
Contact: Henry Oyekanmi, Finance, 981-73003
Action: Approved recommendation.

3. Approve Waiver of the Nuclear Free Berkeley Act (NFBA) per BMC Section 12.90.070 (A) to Enter into an Expenditure Contract with the University of California, Berkeley
From: City Manager
Recommendation: Adopt a Resolution 1) waiving the contract requirements of the Nuclear Free Berkeley Act, pursuant to Resolution No. 60,840-N.S. and Chapter 12.90.070 of the Berkeley Municipal Code, in order to contract with the University of California Berkeley; and 2) authorizing the City Manager to execute a contract with the University of California, Berkeley for services evaluating the Sugar-Sweetened Beverage Tax Program.
Financial Implications: See report
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Moved to Action Calendar. 4 speakers. M/S/C (Capitelli/Maio) to adopt Resolution No. 67,248–N.S. 1) waiving the contract requirements of the Nuclear Free Berkeley Act, pursuant to Resolution No. 60,840-N.S. and Chapter 12.90.070 of the Berkeley Municipal Code, in order to contract with the University of California Berkeley; and 2) authorizing the City Manager to execute a contract with the University of California, Berkeley for services evaluating the Sugar-Sweetened Beverage Tax Program.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – Anderson.

4. Modifying BMC Section 23E.68.030 (Commercial Downtown Mixed Use District, C-DMU), and Other Referral Considerations
From: City Manager
Recommendation: Adopt first reading of an Ordinance modifying Berkeley Municipal Code Section 23E.68.030 (Commercial Downtown Mixed Use District, C-DMU) to allow for Full Service Restaurant and Department Store uses to be authorized with a Zoning Certificate (ZC) at higher square footage thresholds than currently allowed.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Adopted first reading of Ordinance No. 7,444–N.S.  Second reading scheduled for November 17, 2015.

5. Contract No. 9904 Amendment: W.R. Forde Associates for Terrace View Park Drainage Improvements Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9904 with W.R. Forde Associates for the Terrace View Park Drainage Improvements Project, increasing the amount by $56,464 for an amended total amount not to exceed $242,075.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 67,249–N.S.

6. Reject Bids – 1947 Center Street Building Renovation, Phase 1
From: City Manager
Recommendation: Adopt a Resolution: 1. rejecting the four bids submitted to the City for Specification No. 16-10967-C, 1947 Center Street Building Renovation, Phase 1; and 2. authorizing the City Manager to negotiate in the open market in accordance with Article XI, Public Works and Supplies, Section 67(a.) of the City Charter.
Financial Implications: None
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 67,250–N.S.

7. Renewal of the Elmwood Avenue BID for Calendar Year 2016
From: Elmwood Advisory Board
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board's (hereafter "Elmwood BID Advisory Board" or "the Advisory Board") recommendation that Council:  1) approve the Annual Report and preliminary budget for proposed improvements in the District for calendar year 2016; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2016; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 17, 2015.
Financial Implications: See report
Contact: Jordan Klein, Commission Secretary, 981-7530
Action: Adopted Resolution No. 67,251–N.S.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Capitelli (Recused)

8. Renewal of the Solano Avenue BID for Calendar Year 2016
From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board's (hereafter "Solano BID Advisory Board" or "the Advisory Board") recommendation that Council:  1) approve the Annual Report and preliminary budget on proposed improvements in the District for calendar year 2016; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2016; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 17, 2015.
Financial Implications: See report
Contact: Eleanor Hollander, Commission Secretary, 981-7530
Action: Adopted Resolution No. 67,252–N.S.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Capitelli (Recused)

Council Consent Items

9. Re-Appointment of Carole Norris & Marjorie Cox to the Berkeley Housing Authority Board of Commissioners
From: Mayor Bates
Recommendation: Adopt a Resolution 1) rescinding Resolution No. 67,162-N.S. re-appointing Commissioners Carole Norris (Chair) and Marjorie Cox to the Berkeley Housing Authority (BHA) Board of Commissioners for two year terms and 2) re-appointing Commissioners Carole Norris (Chair) and Marjorie Cox to the Berkeley Housing Authority (BHA) Board of Commissioners for four year terms commencing July 14, 2015.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action: Adopted Resolution No. 67,253–N.S.

10. U.S. Department of Housing and Urban Development (HUD) Decrease in Fair Market Rents (FMR) for FY2016
From: Councilmember Moore
Recommendation: Adopt a Resolution opposing the proposed decrease in Fair Market Rents (FMR) for the Oakland-Fremont, CA HUD Metro FMR Area (HMFA).  The City Clerk send a copy of the resolution with a letter to the U.S. Secretary of Housing and Urban Development, with copies to Congresswoman Barbara Lee and U.S. Senators Barbara Boxer and Dianne Feinstein.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action: Councilmember Arreguin and Councilmember Maio added as co-sponsors. Adopted Resolution No. 67,254–N.S.

11. Opposing the Trans-Pacific Partnership
From: Councilmembers Arreguin and Worthington
Recommendation: Adopt a Resolution opposing the Trans-Pacific Partnership (TPP) and Disastrous Trade Policies. Send a copy of the Resolution to President Barack Obama, US Senators Dianne Feinstein and Barbara Boxer, and Congresswomen Barbara Lee.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Adopted Resolution No. 67,255–N.S. 

12. Berkeley Film Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Councilmember Wengraf, to the Berkeley Film Foundation with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $250
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Adopted Resolution No. 67,256–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Mayor Bates - $250; Councilmember Wengraf - $250; Councilmember Moore - $250; Councilmember Anderson - $100.

13. Proclamation in Honor of Cal in the Capital's 50 Years of Legacy
From: Councilmember Worthington
Recommendation: Adopt a proclamation in honor of Cal in the Capital's 50 Years of Legacy.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Adopted proclamation.

14. City Manager Referral: Campus National Night Out to Reduce Crime
From: Councilmembers Worthington, Wengraf, Arreguin, and Droste
Recommendation: Refer to the City Manager to create a Campus National Night Out to help reduce crime in the campus area.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

Action Calendar – Old Business

15. a. Amendments to Accessory Dwelling Unit Ordinance 23.D.10 (Continued from September 29, 2015)
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 clarity, specify fire road access minimum width, and correct a technical error.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400.

Action: 4 speakers. M/S/C (Arreguin/Wengraf) to adopt first reading of Ordinance No. 7,445–N.S.  amending Berkeley Municipal Code Chapter 23D.10 to modify the existing regulation of Accessory Dwelling Units (ADUs) to improve clarity, specify fire road access minimum width, correct a technical error as recommended by City staff, and waive parking requirements for ADUs in highly walkable neighborhoods as recommended by Councilmembers Droste, Moore, and Worthington as written in the supplemental and revised material submitted by Councilmembers Droste, Moore, and Worthington with the wording in 23D.10.040.B.5.a. amended to remove “or 2 transit lines “ from the first sentence of the sub paragraph. Second reading scheduled for November 17, 2015.
Vote: Ayes – Maio, Anderson, Arreguin, Wengraf, Bates; Noes – Worthington; Abstain – Moore, Capitelli, Droste.   

16. Increase Animal Care Commission Meetings from Four (4) Per Year to Ten (10) Per Year Beginning January 2016
From: Animal Care Commission
Recommendation: Approve an increase in Animal Care Commission (ACC) meetings from four (4) per year to ten (10) per year beginning in January to discuss the animal care, control and welfare issues as related to the City of Berkeley and to prepare recommendations for City Council.
Financial Implications: See report
Contact: Amelia Funghi, Commission Secretary, 981-7000
Action: Amended to increase the number of annual meetings for the Animal Care Commission from four to six.  Moved to Consent Calendar.

Council Action Items

17. Allocation of Grant Funds to U.C. Theater and Kala Art Institute
From: Councilmembers Maio, Capitelli, Moore, and Arreguin
Recommendation: Direct the City Manager to issue grants in the amount of $150,000 to Berkeley Music Group (U.C. Theater project) and $100,000 to Kala Art Institute. Funds to be repaid from the pending 1% for Art fee.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Amended recommendation as follows and moved to the Consent Calendar.

Refer to the City Manager to research available funding options for the Berkeley Music Group (U.C. Theater project) for $150,000 and the Kala Art Institute for $100,000, and to report back to the Council by December 15, 2015.

18. City Manager Referral: Implementation of Tier One Recommendations from the Homeless Task Force
From: Councilmember Arreguin
Recommendation: Refer to the City Manager to develop a plan to implement the Tier One Recommendations of the Homeless Task Force, which involve expanding the City's Homeless Outreach Team and Mobile Crisis Team, increasing funding for the Crisis Intervention Training (CIT), increasing the number of public restrooms, and providing additional storage spaces and warming centers for the homeless population.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Item held over to November 17, 2015.

19. Condition of Approval for Major Development Projects
From: Councilmembers Capitelli and Moore
Recommendation: After review by staff, include as a standard condition of approval in all projects that include new construction of greater than 30,000 square feet the following:  A. The applicant shall complete and submit a project Construction Pay Transparency Plan; B. Prior to the issuance of a building permit, an applicant shall submit and obtain approval for the Plan by the Zoning Official or designee; C. Upon completion of the Project, the applicant shall submit a Construction Pay Transparency Report; D. Determination of Construction Pay Transparency Compliance; E. Issuance of a Certificate of Occupancy.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Councilmember Worthington added as a co-sponsor.  Item held over to December 15, 2015.

20. Supporting a Robust Alameda County Study of Community Choice Energy
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting a robust study of Community Choice Energy in Alameda County and the eventual development of an Alameda County Community Choice energy program based, in large part, on the goals established by the East Bay Clean Power Alliance, along with a priority goal to create fair-wage, clean energy jobs such as unionized and similarly paid and benefited jobs as part of the growing green economy in the East Bay.  A copy of the resolution is to be forwarded to each member of the Alameda County Board of Supervisors and the appropriate staff within the County administration working on the Alameda County Community Choice Energy program.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved the revised item from Councilmember Worthington to the Consent Calendar.  Noted the Mayor’s contributions on this issue. Adopted Resolution No.67,257–N.S.

Information Reports

21. Update on the Adeline Corridor Planning Process
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda – 4 speakers.

Adjournment

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

Councilmember Droste absent 8:49 p.m. – 8:52 p.m.

Adjourned at 8:52 p.m. in memory of:

1. Sy Grossman, M.D.

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.

Home | Residents | Businesses | Visitors | Services | Elected Officials
Web Policy | Text-Only Site Map | Contact Us
City of Berkeley - Central Administrative Offices, 2180 Milvia St, Berkeley, CA 94704
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###