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General Information
General Information

 

Regular Meeting eAgenda
December 15
, 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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 15, 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

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. Lease Agreement: Hana Japan Restaurant at 235 University Avenue
    From: City Manager
    Recommendation: Adopt second reading of Ordinance No. 7,451-N.S. authorizing the City Manager to execute a lease agreement and any amendments with the Hana Japan, Inc. restaurant at 235 University Avenue at the Berkeley Marina for a term of one year at an annual rent of $33,000.
    First Reading Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – None; Abstain – Anderson; Absent – Bates.
    Financial Implications: $33,000 (Revenue)
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1. Settlement of Rosenfelder, et al. v. City of Berkeley, et al. ACSC No. RG15782465
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing settlement of the lawsuit Rosenfelder, et al. v. City of Berkeley, et al. ACSC No. RG15782465, for $45,000 plus attorney fees and costs not to exceed $5,675.
    Financial Implications: See report
    Contact: Zach Cowan, City Attorney, 981-6950
  1. Minutes for Approval
    From: City Manager
    Recommendation:
    Approve the minutes for the Council meetings of November 3, 2015 (special closed, special and regular), November 10, 2015 (special closed and special) and November 17, 2015 (special and regular).
    Financial Implications: None
    Contact: Mark Numainville, City Clerk, 981-6900
  1. Annual Commission Attendance and Meeting Frequency Report
    From: City Manager
    Recommendation:
    Adopt a Resolution approving a revised commission meeting frequency schedule to adjust the meeting frequency for the Animal Care Commission; to add the Sugar-Sweetened Beverage Product Panel of Experts; and accept the annual attendance report.
    Financial Implications: None
    Contact: Mark Numainville, City Clerk, 981-6900
  1. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on December 15, 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 - $455,000
    Contact: Henry Oyekanmi, Finance, 981-7300
  1. Installation of Automatic External Defibrillators (AEDs) in City Buildings
    From: City Manager
    Recommendation:
    Refer the implementation of a third party administered, 39 unit citywide AED program to the city’s budget process for FY 2016 - 2017. Implementation includes a one-time startup cost of $81,703, and annual reoccurring costs of $3,496.
    Financial Implications: See report
    Contact: Avery Webb, Fire, 981-3473
  1. Contract No. 9880B Amendment: Jackson & Coker for Locums Tenens Psychiatric Services
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9880B adding $75,000 to the expenditure contract with Jackson & Coker Locums Tenens, LLC, (J&C) for locums tenens psychiatric services for a total contract limit of $174,900 for the period beginning February 1, 2015 and ending on June 30, 2017.
    Financial Implications: Various Funds - $75,000
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. Donation: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program
    From: City Manager
    Recommendation:
    Adopt a Resolution accepting a $29,736 donation to the Berkeley Meals on Wheels Program from the Alameda County Meals on Wheels Agency.
    Financial Implications: $29,736 (Donation)
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. Contract No. 4073D Amendment: Delta Dental Plan Rate Renewal
    From: City Manager
    Recommendation:
    Adopt a Resolution amending Contract No. 4073D with Delta Dental Plan, approving a 1.17% decrease in dental premiums for calendar year 2016 and 2017; and renewing the contract for an additional two (2) years at a cost of $4,474,000 for all coverage groups effective January 1, 2016, through December 31, 2017, for a total contract amount of $16,434,000.
    Financial Implications: Payroll Deduction Trust Fund - $4,474,000
    Contact: Sarah Reynoso, Human Resources, 981-6800
  1. 2016 Health Plan Changes
    From: City Manager
    Recommendation:
    Adopt two Resolutions:
    1.  Approving rates for the Kaiser Health Maintenance Organization (HMO) health plans as follows:  - 7.61% increase for Active Employees;  - 0.3% increase for Pre-Medicare Eligible Retirees; and - 0.52% decrease for Post-65 Senior Advantage.
    2. Approving rates for the Health Net health plans as follows:  - 9.6% increase for HMO plan Active Employees;  - 9.6% increase for Point of Service (POS) plan Active Employees; - 9.6% increase for Pre-Medicare HMO plan Eligible Retirees;  - 9.6% increase for Pre-Medicare POS plan Eligible Retirees; - 2.5% increase for Seniority Plus (Medicare Supplement) Retirees;  - 8.71% increase for Health Net POS Post-65 Retirees.
    The health plan premium rates will be effective for the period of January 1, 2016 through December 31, 2016.
    Financial Implications: See report
    Contact: Sarah Reynoso, Human Resources, 981-6800
  1. Fee Assessment: State of California Self-Insurance Fund (Workers' Compensation Program)
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2016 for administering the Workers' Compensation Program, in an amount not to exceed $183,273.
    Financial Implications: Worker's Compensation Fund - $183,273
    Contact: Sarah Reynoso, Human Resources, 981-6800
  1. Adopt Mitigated Negative Declarations for Two Projects at the Berkeley Marina – the Bay Trail Extension Segment Three Project and the South Cove Parking Lot and Restroom Project
    From: City Manager
    Recommendation:
    1. Adopt a Resolution adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) for the Bay Trail Extension Segment Three Project; and
    2. Adopt a Resolution adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) for the South Cove Parking Lot and Restroom Project.
    Financial Implications: None
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1. Lease Agreement: Berkeley Yacht Club at 1 Seawall Drive, Berkeley Marina
    From: City Manager
    Recommendation:
    Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with the Berkeley Yacht Club (BYC) for the use and management of the City's property at 1 Seawall Drive at the Berkeley Marina for a term of thirty (30) years with one five-year option, with an annual rent of $17,500, escalating by 3% each year of the lease.
    Financial Implications: See report
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1. Lease Agreement: Berkeley Sportsman's Center ("Bait Shop") at 225 University Ave, Berkeley Marina
    From: City Manager
    Recommendation:
    Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Sportsman's Center ("Bait Shop") at 225 University in the Berkeley Marina for a term of four years with an annual rent of $26,400 in the first year.
    Financial Implications: See report
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1. Shattuck Reconfiguration and Pedestrian Safety Project Update
    Presentation
    From: City Manager
    Recommendation:
    Accept the progress report for the 35% design concept for the Shattuck Reconfiguration and Pedestrian Safety Project.
    Financial Implications: See report
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Contract No. 9863 Amendment: Arup North America, Ltd. for Project Management for the Shattuck Reconfiguration and Pedestrian Safety Project
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to amend Contract No. 9863 with Arup North America, Ltd. for Project Management, Environmental Clearance, and Design Development for the Shattuck Reconfiguration and Pedestrian Safety Project, increasing the contract by $263,800 for a total amount not to exceed $713,800.
    Financial Implications: Various Funds - $263,800
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Contracts: On-Call Survey Services
    From: City Manager
    Recommendation:
    Adopt four Resolutions authorizing the City Manager to execute contracts and any amendments, extensions or other change orders with:
    1. Cunha Engineering, Inc. in an amount not to exceed $125,000;
    2. Kister, Savio & Rei, Inc. in an amount not to exceed $125,000;
    3. Logan Surveying in an amount not to exceed $125,000; and
    4. Towill, Inc. in an amount not to exceed $125,000,
    To provide on-call survey services for various Public Works projects and requests from other departments for a period of one and half years for a total amount not to exceed $500,000.
    Financial Implications: Various Funds - $500,000
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Contract No. 8884A Amendment: St. Vincent de Paul for Mattress Recycling
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8884A with St. Vincent de Paul for refurbishing and recycling mattresses collected at the City of Berkeley Transfer Station to increase the contract amount by $75,000 for a total contract amount not to exceed $356,000; and to extend the contract term to December 31, 2016.
    Financial Implications: Zero Waste Fund - $75,000
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Purchase Order: Hollister Powersports for Four Patrol Motorcycles
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a purchase order with Hollister Powersports in an amount not to exceed $109,400 for four patrol motorcycles.
    Financial Implications: Equipment Replacement Fund - $109,400
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Contract: Mosto Construction for Urgent Sewer Repair Project FY 2016
    From: City Manager
    Recommendation:
    Adopt a Resolution: 1. Approving the plans and specifications for the Sanitary Sewer Project, 16-10981-C, located at various locations throughout the City;  2. Accepting the bid of the lowest responsive and responsible bidder, Mosto Construction; and  3. Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $369,886.
    Financial Implications: Sanitary Sewer Operation - $369,886
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Purchase Order: Boise Mobile Equipment for One Type 6 Wildland Fire Apparatus
    From: City Manager
    Recommendation:
    Adopt a Resolution satisfying City Charter Article XI Section 67.2 requirements, accepting the General Services Administration (GSA) bid procedures, and authorizing the City Manager to execute a purchase order for one Type 6 Wildland fire apparatus for an amount not to exceed $210,500.
    Financial Implications: Equipment Replacement Fund - $210,500
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Filling Vacancies Among the Elected Representatives for the Poor
    From: Human Welfare and Community Action Commission
    Recommendation:
    Adopt a Resolution confirming the appointment of Ms. Cheryl Davila, as an elected representative for the poor (District 1) on the Human Welfare and Community Action Commission (HWCAC), having been selected by the remaining elected representatives for the poor at the HWCAC November 18, 2015 meeting, and that her term expires November 16, 2016.
    Financial Implications: None
    Contact: Wing Wong, Commission Secretary, 981-5400
  1. In Support of Prosecution of Torture
    From: Peace and Justice Commission
    Recommendation:
    Adopt a Resolution calling for the prosecution of torturers and their bosses.  Copies of the resolution are to be sent to the parties indicated in the resolution.
    Financial Implications: None
    Contact: Eric Brenman, Commission Secretary, 981-5400
  1. In Support of Creating a Haitian Family Reunification Parole Program
    From: Peace and Justice Commission
    Recommendation:
    Adopt a Resolution urging the U.S. Administration to create a Haitian Family Reunification Parole Program.  Letters and copies of the resolution are to be sent to the parties indicated in the resolution.
    Financial Implications: Unknown
    Contact: Eric Brenman, Commission Secretary, 981-5400
  
Council Consent Items
  1. Revise Landmark Preservation Commission Appeals Process
    From: Mayor Bates
    Recommendation:
    Request staff revise the Landmarks Preservation Ordinance appeals process to mirror the appeals process of the Zoning Adjustment Board.
    Financial Implications: Staff time
    Contact: Tom Bates, Mayor, 981-7100
  1. Support the Johannesburg Declaration on Ecomobility in Cities
    From: Councilmember Maio
    Recommendation:
    Adopt a Resolution supporting the Johannesburg Declaration on Ecomobility in Cities.
    Financial Implications: None
    Contact: Linda Maio, Councilmember, District 1, 981-7110
  1. Support Ecosystem Health and the Need for Fresh Water for the San Francisco Bay-Delta Estuary
    From: Councilmembers Maio and Moore
    Recommendation:
    Adopt a Resolution supporting ecosystem health and the need for fresh water for the San Francisco Bay-Delta Estuary.
    Financial Implications: None
    Contact: Linda Maio, Councilmember, District 1, 981-7110
  1. Explore the Feasibility of Installing Utility-Free Restrooms in Cesar Chavez and Aquatic Parks
    From: Councilmember Moore
    Recommendation:
    Refer to the City Manager to explore installing utility-free restrooms at Cesar Chavez and Aquatic Park.
    Financial Implications: Unknown
    Contact: Darryl Moore, Councilmember, District 2, 981-7120
  1. Develop a Provision for the Landmarks Preservation Ordinance to Allow for the De-designation of a Landmark Designation for a Building that has been Legally Demolished
    From: Councilmember Moore
    Recommendation:
    Refer to the City Manager to develop a provision for the Landmarks Preservation Ordinance (LPO) that would allow a landmark designation to be de-designated for a building that has been previously landmarked but subsequently has been legally demolished.
    Financial Implications: None
    Contact: Darryl Moore, Councilmember, District 2, 981-7120
  1. Provide Cost Estimates to Restore the Berkeley Pier
    From: Councilmember Moore
    Recommendation:
    Refer to the City Manager to determine the cost to make the appropriate repairs so that it will be safe for public use.
    Financial Implications: Unknown
    Contact: Darryl Moore, Councilmember, District 2, 981-7120
  1. Third Annual Black History Month Celebration: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
    From: Councilmember Anderson
    Recommendation:
    Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $250 from Councilmember Max Anderson to the Third Annual Black History Month Celebration hosted by Berkeley Juneteenth Association, Inc with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute.
    Financial Implications: Councilmember's Discretionary Funds - $250
    Contact: Max Anderson, Councilmember, District 3, 981-7130
  1. Supporting Worker Cooperatives and Referral to City Manager to Develop a Worker Cooperative Ordinance
    From: Councilmember Arreguin
    Recommendation:
    Adopt a Resolution to support worker cooperatives, and refer to the City Manager to develop a Worker Cooperative Ordinance, which includes:
    1. Revising the existing Buy Local contracting preference and adding a worker cooperative preference; 2. Revising the business permit application; 3. Incentivizing existing businesses to convert to cooperatives; 4. Creating business tax and land use incentives, and 5. Developing educational materials.
    Financial Implications: Staff time
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1. Reaffirming City of Refuge for Refugees of Syria, Iraq and Other Countries
    From: Councilmember Arreguin
    Recommendation:
    Adopt a Resolution reaffirming of the City of Berkeley’s standing as a City of Refuge with respect to refugees from Syria, Iraq and countries with civil conflicts, and expressing the City of Berkeley’s position that refugees from Syria, Iraq, Nigeria, Mali and countries with conflicts are welcome in our community.
    Financial Implications: None
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1. Updates on Police and Community Relations Referrals
    From: Councilmember Arreguin
    Recommendation:
    Schedule a worksession on April 26, 2016 for staff to update City Council on the progress of the referrals approved at the February 24, 2015 Council meeting regarding Police and Community Relations.
    Financial Implications: Staff time
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1. Amending Open Government Ordinance to Allow Submission of Revised/Supplemental Items
    From: Councilmembers Arreguin, Capitelli, Wengraf, and Droste
    Recommendation:
    Refer to the City Manager and City Attorney to draft an ordinance amending Berkeley Municipal Code Section 2.06.070.E (Open Government Ordinance) to allow the submission of revised or supplemental agenda material for the Supplemental Communications Packet 2. The revised or supplemental material must be submitted no later than 12 noon the day of the City Council meeting at which the item is to be considered. The online version of the City Council agenda shall also contain a link to such items. If revised agenda material is submitted by this deadline, it would not require a two-thirds vote of the Council to accept the material.
    Financial Implications: Staff time
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 

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 – Appeals

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.

Comments from members of the public regarding appeals shall be limited to one minute per speaker.  Any person that addressed the Council during one of the seven-minute periods may not speak again during the public comment period on the appeal. Speakers may yield their time to one other speaker, however, no speaker shall have more than two minutes.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing.  Written reports shall be available for public review in the office of the City Clerk.


  1. Appeal of Proposed Special Assessment Lien - 1734 University Ave (Continued from December 1, 2015)
    From: City Manager
    Recommendation: Conduct a hearing and, upon conclusion, adopt a Resolution rejecting the property owners' objection to the cost of the administrative fines issued for their failure to comply with BMC Chapter 19.38, Seismic Hazard Mitigation Program for Unreinforced Masonry (URM) Buildings, at 1734 University Ave. and allowing the lien to be recorded as written and approved by the City Manager.
    Financial Implications: See report
    Contact: Eric Angstadt, Planning and Development, 981-7400
 

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and 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.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

  1. General Plan Re-designation and Rezone: 2112-2116 Channing Way
    From: City Manager
    Recommendation:
    Conduct a public hearing and upon conclusion:
    1.  Adopt a Resolution amending the Berkeley General Plan to re-designate the parcel at 2112-2116 Channing Way (APN 055-1891-017) from High Density Residential (HDR) to Downtown (DT).
    2.  Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23 (zoning), official zoning map, to rezone the parcel at 2112-2116 Channing Way (APN 055-1891-017) from Residential Southside (R-S) to the Downtown Mixed Use (C-DMU) District.
    Financial Implications: See report
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1. Bike Share Franchise Public Hearing and Coordination Agreement
    From: City Manager
    Recommendation:
    1. Pursuant to Berkeley Municipal Code Chapter 9.60, conduct a public hearing and upon conclusion, adopt first reading of an Ordinance granting a franchise agreement with Bay Area Motivate, LLC, to operate a bike share program in Berkeley, which would be part of a regional system including the cities of Emeryville, Oakland, San Francisco and San Jose.
    2. Adopt a Resolution authorizing the City Manager to sign the Bay Area Bike Share Coordination Agreement between the Metropolitan Transportation Commission; Bay Area Motivate, LLC; the Cities of Berkeley, Emeryville, Oakland, and San Jose; and the City and County of San Francisco by and through the San Francisco Municipal Transportation Agency.
    Financial Implications: See report
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Agreements, With Other Law Enforcement Agencies, Police Departments or Private Security Organization (Continued from December 1, 2015)
    Attachment 1, Exhibit A
    From: City Manager
    Recommendation: Conduct a public hearing, and at the conclusion of the hearing, adopt a Resolution approving agreements, understandings or policies existing or revised as of July 15, 2015 between the Berkeley Police Department and other local, state and federal law enforcement agencies, military and/or intelligence agencies, police departments and private security organizations in order to maintain the current level of police resources and emergency services.  Review attached Suspicious Activity Reports and Mutual Aid requests/responses provided annually as per City Council request.
    Financial Implications: See report
    Contact: Michael Meehan, Police, 981-5900
 
Action Calendar – Old Business
  1. a. Report of Investigation Into the Police Department Response to Protests on December 6, 2014 (Continued from December 1, 2015)
    From: Police Review Commission
    Recommendation:
    1.  Accept the PRC's investigative report into the BPD's response to the protests of December 6, 2014; and
    2.  Refer the report to the City Manager for implementation of the recommendations
    Financial Implications: Unknown
    Contact: Katherine Lee, Commission Secretary, 981-4950

    b. Response to PRC Report on BPD Response to December 6 Protests, Revision of Police Crowd Management Policies (Continued from December 1, 2015)
    From: City Manager
    Recommendation: Direct the City Manager to have the Berkeley Police Department collaborate with the Police Review Commission to further develop mutually agreed upon revisions to the Berkeley Police Department’s policies and procedures regarding response to protest activity and to report back to the Council within 180 days for an update.
    Financial Implications: See report
    Contact: Michael Meehan, Police, 981-5900
  1. Condition of Approval for Major Development Projects (Continued from November 3, 2015)
    From: Councilmembers Capitelli, Moore, and Worthington
    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
  1. City Manager Referral: Implementation of Tier One Recommendations from the Homeless Task Force (Continued from December 1, 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
  1. City Manager Referral: Create a Pathway for City Employees to Earn a Living Wage Within Two Years (Continued from December 1, 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
  1. Refer to the Rent Stabilization Board to Consider Creating an Ordinance Preventing Evictions for Minor Offenses (Continued from December 1, 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
  1. Prioritizing the Comprehensive Affordable Housing Action Plan (Continued from December 1, 2015)
    From: Councilmember Worthington
    Recommendation:
    1.  Prioritize the Comprehensive Affordable Housing Action Plan to improve housing affordability in Berkeley through local funding and policy reform; and
    2.  Refer 7, 8, 9 to the Rent Board Stabilization Board and all other items to the Housing Advisory Commission.
    Financial Implications: Unknown
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action Calendar – New Business
  1. Living Wage for All City of Berkeley Employees
    From: City Manager
    Recommendation:
    Direct the City Manager to develop a more detailed plan for raising eight (8) unrepresented classifications to the Living Wage level, and to analyze its fiscal implications citywide.  The plan would include adjustments to the current salary pay schedule for the impacted classification, and a corresponding budget adjustment for those City departments that have employees in the impacted classifications.
    Financial Implications: See report
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. Restrict Parking in the Hills Hazardous Fire Area
    From: Disaster and Fire Safety Commission
    Recommendation:
    Refer to staff the design of a parking restriction program in the Hills Fire Zone to ensure access for emergency vehicles and to allow for safe evacuations in an emergency and to hold public meetings to get community input in the design of such a program.
    Financial Implications: See report
    Contact: Keith May, Acting Commission Secretary, 981-3473
  1. Support of Indigenous Peoples
    From: Peace and Justice Commission
    Recommendation:
    Adopt five (5) Resolutions in support and recognition of Indigenous Peoples including:
    1.  Recognizing the Ohlone People;
    2.  Honor Berkeley Shellmound Indigenous Sacred Site;
    3.  Urging the East Bay Regional Parks District to honor Ohlone Indigenous Rights and Protect Ohlone Place of Origin Sacred Site;
    4.  Implement United Nations Declaration on the Rights of Indigenous Peoples as Municipal Policy; and
    5.  Endorse Upgrading the United Nations Declaration on the Rights of Indigenous Peoples to a Convention.
    Copies of the resolutions are to be sent to the parties indicated in the resolutions.
    Financial Implications: None
    Contact: Eric Brenman, Commission Secretary, 981-5400
  1. In Support of Ending Drone Warfare
    From: Peace and Justice Commission
    Recommendation:
    Adopt a Resolution urging the U.S. government to: 1. Halt the use of all drones for extrajudicial killing, since extrajudicial killing is illegal under international law, 2. Halt all drone surveillance that assaults basic freedoms and inalienable rights and terrorizes domestic life in Pakistan, Afghanistan, Iraq, Yemen and Somalia, 3. Prohibit the sale, and distribution of drones and drone technology to foreign countries in order to prevent the proliferation of this menacing threat to world peace, freedom and security, and 4. Work with the international community to ban the use of drones for military purposes.
    Urge Senators Dianne Feinstein and Barbara Boxer and Representative Barbara Lee to help to end the use of drones in warfare by promoting legislation that will achieve these ends; and direct the City Clerk to send copies of this resolution to President Barack Obama, Senator Dianne Feinstein, Senator Barbara Boxer, and Representative Barbara Lee.
    Financial Implications: Unknown
    Contact: Eric Brenman, Commission Secretary, 981-5400
  1. a. Recommendation for the Five-Year Paving Plan
    From: Public Works Commission
    Recommendation:
    Adopt a Resolution approving the first two years (2016-2017) of the Five Year Paving Plan as proposed by staff.  The Public Works Commission recommends further consideration of the last three years (2018-2020) of the plan to: Better incorporate potential changes due to on-going drought; Assure the City of Berkeley takes full advantage of lessons learned from prior test sites; Best optimize green infrastructure to provide multiple benefits; Better evaluate full life-cycle costs, especially of alternative treatments.
    Financial Implications: Unknown
    Contact: Sean Rose, Commission Secretary, 981-6300

    b. Draft Mid–Program Review Report for Measure M Integrated Streets Investment Plan and Update of the 5-Year Street Paving Plan, FY 2016 to FY 2020
    From: City Manager
    Recommendation:
    1.  Adopt the recommendation from the Public Works Commission; and
    2.  Review the attached Draft Mid-Program Review Report for Measure M Integrated Streets Investment Plan.
    Financial Implications: See report
    Contact: Phillip Harrington, Public Works, 981-6300
 
Council Action Items
  1. Zoning Amendments to B.M.C. Chapter 23C.08 - Demolition and Dwelling Unit Controls
    From: Councilmember Arreguin
    Recommendation:
    Adopt first reading of an ordinance (as developed by staff) repealing and re-enacting Berkeley Municipal Code Sections 23C.08.020 and 23C.08.030, and adding Section 23C.08.035 to modify and clarify the conditions under which dwelling units may be demolished.
    Financial Implications: See report
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1.  Referral to City Manager: Donation of Unsold Food to Charities
    From: Councilmember Arreguin
    Recommendation: Refer to the City Manager and Zero Waste Commission to develop an ordinance for Council consideration requiring supermarkets in Berkeley to donate their unsold food to charity. If no longer edible for human consumption require that it be donated for animal feed or compost.
    Financial Implications: Staff time
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1. Supporting the Undocumented Community Resource Center
    From: Councilmember Arreguin
    Recommendation:
    Adopt two Resolutions:
    1. Supporting the newly created Berkeley City College Undocumented Resource Center and refering to the City Manager to look into how the City of Berkeley can provide resources to the UCRC, including health and mental health services.
    2. Approving the expenditure of an amount not to exceed $250 per Councilmember to Berkeley City College to support the Undocumented Resource Center with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Arreguin and any other Councilmembers who would like to contribute.
    Financial Implications: See report
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
  1. Referral to City Manager: Establishment of Affordable Housing Small Sites Program
    Revised materials
    From: Councilmember Arreguin
    Recommendation:
    Refer to the City Manager to: 1. Look into the feasibility of creating a Small Sites Program to allow non-profits to purchase small multi-family buildings (5-25 units) to create and preserve affordable housing, with an emphasis on properties with a high potential for conversion to cooperative homeownership.
    2. Develop an inventory of City-owned land and other land owned by public agencies in the City of Berkeley which could potentially be used to create below-market rate housing.
    Financial Implications: Staff time
    Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
Information Reports
  1. Report on Workers' Compensation FY 2015
    From: City Manager
    Contact: Sarah Reynoso, Human Resources, 981-6800
  1. Customer Service Improvement Initiative
    From: City Manager
    Contact: Savita Chaudhary, Information Technology, 981-6500
  1. Property Assessed Clean Energy Providers
    From: City Manager
    Contact: Eric Angstadt, Planning and Development, 981-7400

Public Comment – Items Not Listed on the Agenda –

 

Adjournment

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),
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Archived indexed video streams are available at
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Channel 33 rebroadcasts the following
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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.

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COMMUNICATION ACCESS INFORMATION:

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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.

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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 December 3, 2015.

 

Mark Numainville, City Clerk


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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