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Regular Meeting Annotated eAgenda
November 17
, 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 17, 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: 7:18 p.m.

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

Absent: None.

Ceremonial Matters:

1. Recognition of Cal in the Capitol Day, November 17, 2015
2. Moment of Silence for the Victims of the Paris Terror Attacks

City Manager Comments

1. Berkeley Half Marathon on November 21 from 8:00am – 12:30pm; www.berkeleyhalf.com

Public Comment on Non-Agenda Matters: 7 speakers.

Public Comment on Consent Calendar and Information Items Only:  4 speakers.

Consent Calendar

Action: M/S/C (Maio/Moore) to accept supplemental and revised material on Item 23 from Councilmember Arreguin.
Vote: All Ayes.

Action: M/S/C (Worthington/Arreguin) to accept supplemental and revised material on Item 2 from Councilmember Worthington.
Vote: All Ayes.

Action: M/S/C (Worthington/Arreguin) to accept supplemental and revised materials on Item 28 from Councilmember Worthington and Councilmember Arreguin.
Vote: All Ayes.

Action: M/S/C (Worthington/Arreguin) to accept supplemental and revised materials on Item 27 from Councilmember Arreguin.
Vote: All Ayes.

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

1. Modifying BMC Section 23E.68.030 (Commercial Downtown Mixed Use District, C-DMU), and Other Referral Considerations
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,444-N.S. 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.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Adopted second reading of Ordinance No. 7,444-N.S.

2. Amendments to Accessory Dwelling Unit Ordinance; Amending BMC Chapter 23D.10
Revision
From: Councilmembers Droste, Moore, and Worthington
Recommendation: Adopt second 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, and 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. 
First Reading Vote: Ayes – Maio, Anderson, Arreguin, Wengraf, Bates; Noes – Worthington; Abstain – Moore, Capitelli; Droste.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180
Action: Moved to Action Calendar.  1 speaker.  M/S/C (Wengraf/Moore) to rescind the first reading of November 3, 2015 and adopt the first reading of Ordinance No. 7,445-N.S. as amended below in Section 23D.10.040.B.5.a.  Second reading scheduled for December 1, 2015.
Parking shall not be required for the Accessory Dwelling Unit when the subject lot is within one-half (1/2) mile of a BART station or within one-quarter (1/4) mile of a rapid bus transit stop, or 2 transit lines with 20 minute frequency. In residential Parking Permit Zones, no Residential Parking Permit for on-street parking may be issued to the address of the Accessory Dwelling Unit.
Vote: All Ayes.

3. Amendment: FY 2016 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2016 Annual Appropriations Ordinance No. 7,436-N.S. for fiscal year 2016 based upon recommended re-appropriation of committed FY 2016 funding and other adjustments authorized since July 1, 2015, in the amount of $88,706,453 (gross) and $84,095,669 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Adopted first reading of Ordinance No. 7,446–N.S.  Second reading scheduled for December 1, 2015.

4. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 6, 2015 (special and regular), October 13, 2015 (special and regular) and October 27, 2015 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Action: Approved minutes as submitted.

5. Emergency Standby Officers for the Mayor and Councilmembers
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 66,407-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900
Action: Adopted Resolution No. 67,258–N.S.

6. Tobacco Retail License Ordinance 9.80 - Buffer Zone Amendment
From: City Manager
Recommendation: Adopt a Resolution establishing the list of schools and map for a 600 foot buffer zone in which tobacco sales are restricted, pursuant to Berkeley Municipal Code Section 9.80.035.
Financial Implications: None
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 67,259–N.S.

7. Revised Programmatic Agreement with the California State Historic Preservation Officer and the Advisory Council on Historic Preservation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a revised Programmatic Agreement (PA) with the California State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP) to include undertakings that would not require SHPO or ACHP review.
Financial Implications: See report
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 67,260–N.S.

8. Revenue Grant: U.S. Food and Drug Administration for Local Retail Food Safety Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a five year revenue grant award from the U.S. Food and Drug Administration (FDA) in the total amount of $350,000, beginning in FY 2016 through FY 2020, for continued work on a local Retail Food Safety Program Plan and executing any resultant revenue agreements and amendments.
Financial Implications: See report
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 67,261–N.S.

9. Contract: Fidelity National Technology Imaging for Digital Imaging of Building Plans
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to approve a contract and any amendments with Fidelity National Technology Imaging (FNTI) for a total contract period of two years in an amount not-to-exceed $200,000 to convert building plans and other paper documents from the Planning Department into searchable, indexed digital images.
Financial Implications: Permit Service Center Fund - $200,000
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Adopted Resolution No. 67,262–N.S.

10. Contracts: On-Call Planning Services
From: City Manager
Recommendation: Adopt 16 Resolutions authorizing the City Manager to approve contracts and any amendments with the following firms for planning and environmental review services for a total contract period of three years:
1. URS Corporation in an amount not to exceed $1,000,000; and
2. PlaceWorks in an amount not to exceed $1,000,000; and
3. CSG Consultants, Inc. in an amount not to exceed $1,000,000; and
4. LSA Associates, Inc. in an amount not to exceed $1,000,000; and
5. Douglas Herring and Associates in an amount not to exceed $1,000,000; and
6. Michael Baker International in an amount not to exceed $1,000,000; and
7. GHD Services, Inc. in an amount not to exceed $1,000,000; and
8. Rincon Consultants, Inc. in an amount not to exceed $1,000,000; and
9. Urban Planning Partners, Inc. in an amount not to exceed $1,000,000; and
10. Dudek in an amount not to exceed $1,000,000; and
11. Lexington Planning in an amount not to exceed $500,000; and
12. Pacific Legacy, Inc. in an amount not to exceed $500,000; and
13. Ben Noble in an amount not to exceed $500,000; and
14. Architecture and History, LLC in an amount not to exceed $500,000; and
15. W-Trans in an amount not to exceed $500,000; and
16. TJKM in an amount not to exceed $500,000.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Adopted Resolution No. 67,263–N.S. (URS); Resolution No. 67,264–N.S. (PlaceWorks); Resolution No. 67,265–N.S. (CSG); Resolution No. 67,266–N.S. (LSA); Resolution No. 67,267–N.S. (Douglas Herring); Resolution No. 67,268–N.S. (Michael Baker); Resolution No. 67,269–N.S. (GHD); Resolution No. 67,270–N.S. (Rincon); Resolution No. 67,271–N.S. (Urban Planning); Resolution No. 67,272–N.S. (Dudek); Resolution No. 67,273–N.S. (Lexington Planning); Resolution No. 67,274–N.S. (Pacific Legacy); Resolution No. 67,275–N.S. (Ben Noble); Resolution No. 67,276–N.S. (Architecture and History); Resolution No. 67,277–N.S. (W-Trans); Resolution No. 67,278–N.S. (TJKM).

11. Amending BMC Chapter 20.16 Regarding Bike Share Station Signage, and Berkeley Bike Share Agreements
From: City Manager
Recommendation:
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 20.16.010 and adding Section 20.16.090 to allow for bike share station signage;
2. Adopt a Resolution declaring the Council’s intention pursuant to Berkeley Municipal Code Chapter 9.60 to consider at a public hearing, set for December 15, 2015, at 7:00 p.m., whether to grant a franchise to Bay Area Motivate, LLC (“Motivate”) to operate a bike share program in Berkeley.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
Action: 1. Adopted first reading of Ordinance No. 7,447–N.S.  Second reading scheduled for December 1, 2015.  2. Adopted Resolution No. 67,279–N.S.

Council Consent Items

12. Excuse Councilmember Anderson from Attendance at Council Meetings Due to Illness
From: Mayor Bates
Recommendation: Excuse Councilmember Anderson from attendance at the City Council meetings on September 29, 2015 and October 6, 2015 as a result of illness.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Action: Approved recommendation.

13. Schedule Public Hearing on 2211 Harold Way Mixed Use Project Appeals of Landmark Preservation Commission Decision and Zoning Adjustments Board Decisions
From: Mayor Bates
Recommendation: Schedule a public hearing on the appeals of the 2211 Harold Way Mixed Use project of the Landmark Preservation Commission (LPC) decision concurrent with the public hearing of the appeals of the Zoning Adjustment Board (ZAB) decision of the same project.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action: Moved to Action Calendar.  8 speakers. M/S/C (Bates/Capitelli) to approve the recommendation amended to start the hearing on December 8, 2015 at 5:30 p.m., to hear the Landmarks Preservation Commission appeals and Zoning Adjustments Board appeals at separate hearings on the same night with two minutes for each speaker for each hearing.
Vote: Ayes – Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – Anderson; Absent - Maio.

Councilmember Maio absent 8:15 p.m. – 8:21 p.m.

14. Oppose Shipment of Coal Through the Marine Terminal Under Development at the Former Oakland Army Base
From: Mayor Bates
Recommendation: Adopt a Resolution opposing the shipment of coal through the marine terminal under development at the former Oakland Army Base. Request that the City Clerk transmit the resolution to the Oakland City Council and other officials and agencies identified in the Resolution.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Action: Adopted Resolution No. 67,280–N.S.

15. Endorse the Mayor Signing the Compact of Mayors on Climate Change
Revision
From: Mayor Bates
Recommendation: Vote to endorse Mayor Bates signing the Compact of Mayors for climate change.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100
Action: Approved recommendation as written in Supplemental 1.

16. Scheduling February, 2016 Worksession: Public Access to Drinking Water, a City-wide Inventory
From: Councilmember Capitelli
Recommendation: Approve the scheduling of a half hour Council Worksession, preceding a February 2016 Council meeting (2/9 or 2/23), on the results of a City-wide inventory of publically accessible water fountains.  The proposed Worksession comprises a presentation by Dylan Avery, MPH candidate, in conjunction with Professor Charlotte Smith, UC School of Public Health, who will share the results of the inventory conducted spring of 2015.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Approved recommendation.

17. Installation of Solar Panels at the Donna Spring Animal Shelter Parking Area
From: Councilmembers Wengraf and Moore
Recommendation: Request that the City Manager pursue grant funding for a solar installation at the Donna Spring Animal Shelter parking area.
Financial Implications: Staff time
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action: Approved recommendation amended to include the Tom Bates Regional Sports Fields in the request.

18. 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 preserve net metering and reject the big utilities proposals for unfair new fees and reduced credit rates for customers that install rooftop solar.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Councilmember Arreguin added as a co-sponsor.  Approved recommendation.
Action: M/S/Failed (Worthington/Anderson) to consider the agenda items in the order on the agenda and hear comments from young families first.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Capitelli, Wengraf, Bates; Abstain – Moore, Droste.
Action: M/S/C (Bates/Wengraf) to consider the agenda items in the following order: 19, 20, 28, 27, and 24, with 28 and 27 to be considered together.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes - Anderson, Arreguin, Worthington.

Action Calendar – Public Hearing

19. Levying of Assessments in the Elmwood Business Improvement District for 2016
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, "the District", "the Elmwood BID" or "the BID") for 2016 and, if no majority protest exists, levy annual assessments in the District for calendar year 2016 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Public Testimony: The Mayor opened the public hearing.  1 speaker.
M/S/C (Moore/Worthington) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Capitelli (Recused).
Action: M/S/C (Moore/Worthington) to adopt Resolution No. 67,281–N.S.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Capitelli (Recused).

20. Levying of Assessments in the Solano Avenue Business Improvement District for 2016
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, "Solano BID Advisory Board" or "the BID") for 2016 and, if no majority protest exists, levy annual assessments in the District for calendar year 2016 to finance services and improvements and authorize a fiscal agency contract with Livable Berkeley for receipt and expenditure of District funds.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Public Testimony: The Mayor opened the public hearing.  2 speakers.
M/S/C (Bates/Moore) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Capitelli (Recused).
Action: M/S/C (Bates/Moore) to adopt Resolution No. 67,282 –N.S.
Vote: Ayes – Maio, Moore, Wengraf, Droste, Bates; Noes – Worthington; Abstain – Anderson, Arreguin; Absent – Capitelli (Recused).

Recess 8:45 p.m. – 8:54 p.m.

21. ZAB Appeal: 2631 Durant Avenue
Admin Recommendation 1
Admin Recommendation 2
Admin Recommendation 3
Admin Recommendation 4
Admin Recommendation 5
Admin Recommendation 6
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1) Determining that appeal issues 2, 5, 7 through 9, 12, and 14 are without merit and rejecting the appeal as to those issues; and 2) As to appeal issues 1, 3, 4, 6, 10, 11 and 13, remanding the decision of the Zoning Adjustments Board (ZAB) approving Use Permit No. 2013-10000016 back to the ZAB to hold a public hearing in order to consider (1) whether the Notice of Decision (NOD) describes the project the ZAB approved, or alternatively whether the applicant has withdrawn or modified his prior offer to provide a specific number of units at controlled rental rates; and (2) whether the applicant can make a fair return on investment by rehabilitating the existing 18-unit apartment building.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing at 9:58 p.m.
Action: Public Hearing continued to December 1, 2015 at Longfellow Middle School at 7:00 p.m.  See action listed under Item 28.

22. Filling Vacancies Among the Elected Representatives for the Poor (Continued from October 27, 2015)
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointment of Ms. Leah Simon-Weisberg (District 3), as an elected representative for the poor on the Human Welfare and Community Action Commission (HWCAC), having been selected by the remaining elected representatives for the poor at the HWCAC September 16, 2015 meeting, and that her term expires November 16, 2016.
Financial Implications: None
Contact: Wing Wong, Commission Secretary, 981-5400
Action: Item held over to December 1, 2015.

23. Revising the Rental Housing Safety Program (Continued from October 27, 2015)
Revision
From: Councilmember Arreguin
Recommendation: Refer to the City Manager the following proposals to revise the Rental Housing Safety Program (RHSP) and improve housing safety in the City of Berkeley: Prioritize proactive inspections; Increase re-inspection fees; Consider an across-the-board RHSP fee increase; Enhanced enforcement of Schedule A requirement; Explore establishment of a mandatory inspection program; Allow confidential housing code complaints; Amend the Housing Code to make mold and mildew a public nuisance; Increase remedies for non-compliance.  The goal of this recommendation is to improve housing safety and habitability while shifting costs to those properties not in compliance and containing the costs to those following the law.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Item held over to December 1, 2015.

24. City Manager Referral: Implementation of Tier One Recommendations from the Homeless Task Force (Continued from November 3, 2015)
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 December 1, 2015.

25. City Manager Referral: Create a Pathway for City Employees to Earn a Living Wage Within Two Years (Continued from September 29, 2015 – Item includes revised materials.)
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: Item held over to December 1, 2015.

26. Refer to the Rent Stabilization Board to Consider Creating an Ordinance Preventing Evictions for Minor Offenses (Continued from October 27, 2015)
From: Councilmembers Worthington, Anderson, and Arreguin
Recommendation: Refer to the Housing Advisory Commission, and the Rent Stabilization Board to consider creating an ordinance preventing evictions for minor offenses.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over to December 1, 2015.

Council Action Items 

27. Protecting our Parks from Unsafe, Unsanitary Conditions
From: Councilmember Maio
Recommendation: Request the City Manager to implement the following recommendations for Ohlone Park and utilize them for other parks where appropriate.
1. Increase nighttime enforcement and enable police to enter the parks at night with their cars (being sensitive to landscaping), to enforce park rules and ordinances.
2. (Requires further discussion.)
3. Consider the presence of needles, traces of drugs like meth and heroin, human feces, a public health threat and involve the Health Department to cordon off areas of encampment for the purpose of clearing the areas of contamination and insuring the areas are safe for public use. Monitor areas used for encampment for public health risks to enable additional action.
4. Determine where additional signage is needed regarding camping rules, park hours, and use of the park especially in locations where encampments frequently occur.
5. Place covered trash and recycling receptacles in high use areas in Ohlone, such as at McGee/Hearst. Determine other areas where such receptacles are needed.
6. Assess Ohlone Park for need of additional porta potties. Northwest area of park at Grant and Hearst has been reported as “public bathroom.”
Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: M/S/C (Maio/Arreguin) to refer items 6, 8, and 10 from the supplemental material submitted by Councilmember Arreguin to the Friends of Ohlone Park, and adopt the original item from Councilmember Maio amended to include #7 and #11 from the supplemental material submitted by Councilmember Arreguin.

Items 6, 8, and 10
6. Assess Ohlone Park for need of additional public restrooms, and establish permanent restrooms where feasible, to be adequately maintained and open at all hours. Northwest area of park at Grant and Hearst has been reported as “public bathroom.”
8. Cut back any overgrown vegetation to improve sight lines in Ohlone Park.
10.  Solicit community input on improvements to Ohlone Park to promote more active public use and to discourage problematic behavior.

Items 7 and 11
7. Improve existing lighting in Ohlone Park, and install additional lights where needed to improve visibility and safety. Consider shielding lights away from adjacent residences.
11.  Extend the community garden to provide additional space for gardening and to provide a buffer between neighbors and the Park.

Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – Anderson.

28. Improve Conditions on Our Community Sidewalks; Amending Berkeley Municipal Code Chapters 13.36 and 14.48
From: Councilmembers Maio, Capitelli, Droste, and Mayor Bates
Recommendation: Discuss and refer the following services and ordinances to the City Manager for implementation, and adopt first reading of three Ordinaces:
1. Adding Section 13.36.085 to the Berkeley Municipal Code prohibiting urination and defecation in public places.
2. Amending Sections 14.48.020 and 14.48.170 of the Berkeley Municipal Code regulating use of sidewalks.
3. Adding Section 13.36.040 to the Berkeley Municipal Code prohibiting obstruction of City-owned planters and trees.
Additional Services: 1. Create a secure storage facility for personal belongings; bins must be of adequate size, of reasonable number (estimate of 50 – 100 at the outset) and ensure reasonable access, with posted hours. 2. Provide additional bathrooms in the Downtown and Telegraph areas. 3. Provide mobile showers and bathrooms for public use. Ordinances Would Disallow: 1. Urination and defecation in public spaces. 2. The placement of personal belongings on sidewalks and plazas covering more than 2 square feet during the day, from 7 a.m. to 10 p.m. (storage to be provided). 3. The placement of a wheeled mobile unit, no more than 6 square feet in size (i.e. a standard shopping cart) during the day, from 7 a.m. to 10 p.m. for no more than one hour in one location after which time the unit must be moved to a different block face (storage to be provided). Note: Purpose of #2 and #3: Amend Berkeley Municipal Code Chapter 14.48 so the Traffic Engineer may adopt regulations and ensure that public streets, and especially sidewalks, are fully accessible and usable for the purposes for which they were constructed and intended, specifically the movement of goods and traffic, pedestrians and wheelchairs. 4. Lying inside of planter beds or on planter walls. 5. Personal items affixed to or placed on public fixtures including poles, bike racks (except bikes), planters, trees, tree guards, newspaper racks, parking meters and pay stations. Pet leashes exempt only as not prohibited in BMC 10.12.110. 6. Placement of personal objects in planters, tree wells, or within 2 feet of a tree well to enable tree care and to protect tree trunks. In Addition: A. Provide public notice before enforcement, including direct interaction with persons to explain the ordinances, location of storage facilities, and location of services. B. Prior to issuing a citation regarding personal belongings persons shall receive an initial warning with information regarding available storage. C. Refer to the budget process extending transition-aged youth shelter hours beyond winter months. D. Make public restrooms available and well publicized. Involve BART in exploring possible locations. E. Ordinances concerning the placement of personal belongings and wheeled mobile units on sidewalks will not be enforced until storage services are in place.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to      11:30 p.m.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain (Not Voting) – Anderson, Arreguin.

Action: M/S/Failed (Worthington/Anderson) to schedule the public hearing on 2631 Durant to December 3, 2015.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes - Moore, Capitelli, Wengraf, Droste, Bates; Abstain – None; Absent - Maio.

Councilmember Maio absent 11:18 p.m. – 11:21 p.m.

Action: M/S/C (Bates/Capitelli) to continue the public hearing on 2631 Durant to December 1, 2015 to be heard immediately after the Consent Calendar.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Worthington. 

Action: M/S/C (Maio/Bates) to suspend the rules and extend the meeting to      12:00 a.m.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin, Worthington.

Action: M/S/Failed (Worthington/Anderson) to hear public comment from the remaining speakers and table Items 27 and 28 indefinately.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Moore, Capitelli, Wengraf, Droste, Bates.

Action: M/S/C (Maio/Moore) to suspend the rules and extend the meeting to      12:30 a.m.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin, Worthington.

Action: M/S/C (Maio/Droste) to suspend the rules and extend the meeting to      12:45 a.m.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin, Worthington.

Action: M/S/Failed (Worthington/Capitelli) to adopt the supplemental and revised items from Councilmembers Worthington and Arreguin on Item 28.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Moore, Capitelli, Wengraf, Droste, Bates.

Action: M/S/Failed (Worthington/Capitelli) to adopt the supplemental and revised item from Councilmember Arreguin on Item 27.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Capitelli, Wengraf, Droste, Bates; Abstain – Maio, Moore.

Action: 101 speakers. M/S/C (Maio/Wengraf) to:
1. Adopt first reading of Ordinance No. 7,448–N.S.  adding Section 13.36.085 of the Berkeley Municipal Code amended to provide that violations are infractions, not misdemeanors, and stating that a person must be issued a warning prior to being cited.  Second reading scheduled for December 1, 2015.
2. Adopt first reading of Ordinance No. 7,449–N.S. amending Section 14.48.170 of the Berkeley Municipal Code amended to exempt cushions or blankets used for sitting or dogs from the size limitation, providing that violations are infractions, not misdemeanors, and stating that before a person is cited, they must be issued a warning, be allowed a reasonable opportunity to comply but refuse to do so, and there must be a secure storage locker available that is protected from the weather.  Second reading scheduled for December 1, 2015.
3. Adopt first reading of Ordinance No. 7,450–N.S. adding Section 13.36.040 of the Berkeley Municipal Code amended to allow exceptions for bicycles in paragraph C., providing that violations are infractions, not misdemeanors, and stating that a person must be issued a warning prior to being cited.  Second reading scheduled for December 1, 2015.
4. Approve the referral of additional services to the City Manager for implementation amended to state that the secure storage will have posted hours, the number of storage bins/lockers will be determined at a later date based on usage, that additional locations for public restrooms will be considered, and that the public bathrooms will be open 24/7.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin, Worthington.

29. FY 2015 Year-End Results and FY 2016 First Quarter Budget Update
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Received and filed.

30. Fourth Ambulance Pilot Project 6-Month Update
From: City Manager
Contact: Avery Webb, Fire, 981-3473
Action: Moved to Consent Calendar at held over to January 19, 2015.

31. Condominium Conversion Program - Annual Report
From: City Manager
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Received and filed.

32. Tougher Budget Decisions Five Years Later
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Received and filed.

33. Report of the Alameda County Transportation Commission, July 23, 2015 and September 24, 2015
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda – 0 speakers.

Adjournment

Action: M/S/C (Bates/Moore) to adjourn the meeting.
Vote: All Ayes.

Adjourned at 12:40 a.m. in memory of:

1. Mary King, Former Alameda County Supervisor
2. Frankie Fraser, Community 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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