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Regular Meeting Annotated Agenda
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.

~~~~~~~~~~~~~~~~~~~~~ 
 
ANNOTATED 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
 
Preliminary Matters
 
Roll Call: 7:33 p.m.
 
Present: Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Bates

Absent: Droste

Councilmember Droste present at 7:34 p.m.

Ceremonial Matters:

1. Recognition of Lucy Phenix, Local Artist
City Manager Comments:  None.
 
Public Comment on Non-Agenda Matters: 5 speakers.
 
Public Comment on Consent Calendar and Information Items Only: 30 speakers.
 
Consent Calendar
 
Action: M/S/Carried (Worthington/Maio) to accept supplemental and revised material from Councilmember Worthington on Item 42 and Councilmember Arreguin on Item 54.
Vote: All Ayes.
 
Action: M/S/C (Worthington/Arreguin) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
 
Action: M/S/Failed (Worthington/Anderson) to consider the public hearings prior to the Consent Calendar items that were moved to the Action Calendar.
Vote: Ayes – Anderson, Worthington, Droste; Noes – Maio, Bates; Abstain – Moore, Wengraf; Absent – Arreguin, Capitelli.
 
Councilmember Capitelli absent 9:00 p.m. – 9:04 p.m.
 
Councilmember Arreguin absent 9:00 p.m. – 9:05 p.m.
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
Action: Adopted second reading of Ordinance No. 7,451-N.S.
 
2. 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
Action: Adopted Resolution No. 67,301–N.S.
 
3. 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
Action: Approved minutes as submitted.
 
4. 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
Action: Adopted Resolution No. 67,302–N.S.
 
5. 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
Action: Approved recommendation.
 
6. 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
Action: Approved recommendation.
 
7. 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
Action: Adopted Resolution No. 67,303–N.S.
 
8. 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
Action: Adopted Resolution No. 67,304–N.S.
 
9. 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
Action: Adopted Resolution No. 67,305–N.S.
 
10. 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
Action: Adopted Resolution No. 67,306–N.S. (Kaiser); and Resolution No. 67,307–N.S. (Health Net)
 
11. 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
Action: Adopted Resolution No. 67,308–N.S.
 
12. 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
Action: Adopted Resolution No. 67,309–N.S. (Bay Trail); and Resolution No. 67,310–N.S. (South Cove) as amended in Supplemental Reports and Communications Packet #1.
 
13. 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
Action: Adopted first reading of Ordinance No. 7,452–N.S. amended in Section 1 to read “…a thirty year lease agreement with two additional ten year terms…” Second reading scheduled for January 19, 2016.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – None; Abstain – Bates.
 
14. 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
Action: Adopted first reading of Ordinance No. 7,453–N.S.  Second reading scheduled for January 19, 2016.
 
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
Action: 10 speakers.  Moved to Action Calendar.  M/S/C (Capitelli/Maio) to accept the progress report for the 35% design concept for the Shattuck Reconfiguration and Pedestrian Safety Project.
Vote: All Ayes.
 
16. 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
Action: 7 speakers.  Moved to Action Calendar.  M/S/C (Maio/Arreguin) to adopt Resolution No. 67,311–N.S. 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.
Vote: All Ayes.
 
17. 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
Action: Adopted Resolution No. 67,312–N.S. (Cunha); Resolution No. 67,313–N.S. (Kister); Resolution No. 67,314–N.S. (Logan); and Resolution No. 67,315–N.S. (Towill)
 
18. 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
Action: Adopted Resolution No. 67,316–N.S.
 
19. 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
Action: Adopted Resolution No. 67,317–N.S.
 
20. 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
Action: Adopted Resolution No. 67,318–N.S.
 
21. 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
Action: Adopted Resolution No. 67,319–N.S.
 
22. 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
Action: Item held over to February 23, 2016.
 
23. 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
Action: Adopted Resolution No. 67,320–N.S. calling for the prosecution of torturers and their bosses.  Copies of the resolution are to be sent to the parties indicated in the resolution.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington; Noes – None; Abstain – Capitelli, Wengraf, Droste, Bates.
 
24. 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
Action: Adopted Resolution No. 67,321–N.S. 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.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Droste; Noes – Bates.
 
25. 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
Action: 4 speakers.  Moved to Action Calendar.  M/S/C (Bates/Capitelli) to request staff revise the Landmarks Preservation Ordinance appeals process to mirror the appeals process of the Zoning Adjustment Board.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain – Anderson.
 
26. 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
Action: Adopted Resolution No. 67,322–N.S.
 
27. 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
Action: 4 speakers. Moved to Action Calendar.  M/S/C (Maio/Worthington) to adopt Resolution No. 67,323–N.S. supporting ecosystem health and the need for fresh water for the San Francisco Bay-Delta Estuary.
Vote: All Ayes.
 
28. 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
Action: Approved recommendation.
 
29. 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
Action: Moved to Action Calendar.  Item held over to January 12, 2016.
 
30. 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
Action: Councilmember Maio added as a co-sponsor.  Approved recommendation.
 
31. 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
Action: Adopted Resolution No. 67,324–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Moore - $150; Councilmember Maio - $100; Councilmember Wengraf - $100; Councilmember Anderson - $250; Councilmember Droste - $100.
 
32. 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
Action: Moved to Action Calendar.  Item held over to January 12, 2016.
 
33. 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
Action: Adopted Resolution No. 67,325–N.S.
 
34. 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
Action: Approved recommendation.
 
35. 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: 4 speakers.  Moved to Action Calendar.  M/S/Failed (Worthington/Anderson) to amend the motion add a second option for the deadline to be 12:00 p.m. the day prior to the meeting.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Capitelli, Wengraf, Bates; Abstain – Moore, Droste.
 
Action: M/S/C (Bates/Maio) to 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.
Vote: All Ayes.

Action: M/S/C (Bates/Maio) to open the public hearings on Items 37, 38, and 39.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Worthington.
 
36. 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: 3 speakers.  M/S/C (Maio/Wengraf) to:
1) defer the filing of the lien and cease accrual of additional penalties;
2) request a status report from staff on the property owner’s progress within six months;
3) request that the City Manager research programs and services to assist the property owner;
4) impose the lien if the property owner fails to apply for a building permit to come into compliance within 90 days and pull the permit within one year.
Vote: All Ayes.
Action Calendar – Public Hearings
37. 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
Public Testimony: The Mayor opened the public hearing. 5 speakers.
M/S/C (Maio/Moore) to close the public hearing.
Vote: All Ayes.
 
Action: M/S/Failed (Capitelli/Moore) to adopt the staff recommendation with the additional conditions as follows:
1. The property owner submits a use permit application within 12 months.
2. The property owner obtains a use permit approval from ZAB within 24 months
3. The property owner pulls the building permit within 36 months.
If the conditions above are not met, the zoning classification and General Plan designation revert to the previous status.
Vote: Ayes – Moore, Capitelli; Noes – Anderson, Arreguin, Wengraf, Bates; Abstain – Maio, Worthington, Droste.
 
38. 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
Public Testimony: The Mayor opened the public hearing.  0 speakers.
M/S/C (Bates/Arreguin) to close the public hearing.
Vote: All Ayes.
 
Action: M/S/C (Moore/Bates) to:
1. Adopt first reading of Ordinance No. 7,454–N.S.  Second reading scheduled for January 19, 2016.
2. Adopt Resolution No. 67,326–N.S.
Vote: All Ayes.
Recess 10:38 p.m. – 10:48 p.m.
 
39. Agreements, With Other Law Enforcement Agencies, Police Departments or Private Security Organization (Continued from December 1, 2015)
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: M/S/C (Bates/More) to suspend the rules and extend the meeting to 11:30pm.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Droste, Bates; Noes – Wengraf.
 
Action: M/S/C (Bates/Arreguin) to hold over Item 40a and 40b to the January 26, 2016 meeting to be heard as the first item after Consent.
Vote: All Ayes.
 
Action: M/S/C (Bates/Worthington) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: Ayes – Maio, Anderson, Arreguin, Worthington, Droste, Bates; Noes – Moore, Capitelli; Abstain – None; Absent – Wengraf.
 
Councilmember Wengraf absent 11:01 p.m. – 12:25 p.m.
 
Public Testimony: The Mayor opened the public hearing.  28 speakers.
M/S/C (Bates/Moore) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Wengraf.
 
Action: M/S/C (Moore/Arreguin) to suspend the rules and extend the meeting to 12:20 a.m.
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Worthington, Droste, Bates; Noes – Moore; Abstain – None; Absent – Wengraf.
 
Action: M/S/C (Worthington/Arreguin) to extend Council discussion for five minutes to hear the remaining two members on the speaker queue.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Wengraf.
 
Action: M/S/Failed (Worthington/Anderson) to:
1) 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 amended to include the following conditions for the agreement with UASI:
a. The City Manager shall disclose the names and number of Berkeley employees who participated in Urban Shield for previous years and the manner of their participation
b. The City Manager shall provide a detailed description of the tactical team scenarios in which we participate
c. The City Manager shall provide the cost to Berkeley in salary and overtime for all aspects of Urban Shield participates in the past three years
d. The City Manager shall provide a detailed list of equipment used by Berkeley in the Urban Shield exercises.  
2) The City shall take a one-year hiatus from participation in Urban Shield activities. 
3) The approval of the agreement with NCRIC, the modified agreement with UASI, and the hiatus to be voted upon separately.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Moore, Capitelli, Droste, Bates; Abstain – None; Absent – Wengraf.
 
Action: M/S/C (Worthington/Anderson) to approve the agreement with NCRIC.
Vote: Ayes – Maio, Moore, Capitelli, Droste, Bates; Noes – Anderson, Arreguin, Worthington; Abstain – None; Absent – Wengraf.
 
Action: M/S/C (Worthington/Anderson) to approve the agreement with UASI including the conditions listed above.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Droste; Noes – Capitelli, Bates; Abstain – None; Absent – Wengraf.
 
Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 12:25 a.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Wengraf.
 
Action: M/S/C (Maio/Droste) to reconsider the previous vote on the UASI agreement including the conditions listed above.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Droste, Bates; Noes – Anderson, Worthington; Abstain – None; Absent – Wengraf.
 
Action: M/S/Failed (Worthington/Anderson) to approve the agreement with UASI including the conditions listed above.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Moore, Capitelli, Droste, Bates; Abstain – None; Absent – Wengraf.
 
Action: M/S/Failed (Worthington/Anderson) for the City to take a one-year hiatus from participation in Urban Shield activities.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Moore, Capitelli, Droste, Bates; Abstain – None; Absent – Wengraf.
 
Action: M/S/C (Bates/Moore) to adopt Resolution No. 67,327–N.S. 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. 
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Droste, Bates; Noes – Worthington; Abstain – Anderson; Absent – Wengraf.
 
40. 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
Action: Item held over to January 26, 2016.
 
41. 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
Action: Item held over to January 26, 2016.
 
42. 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
Action: Item held over to January 12, 2016.
 
43. 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
Action: Item held over to January 12, 2016.
 
44. 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
Action: Item held over to January 12, 2016.
 
45. 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: Item held over to January 12, 2016. 
 
46. 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
Action: Item held over to January 12, 2016.
 
47. 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
Action: Item held over to January 12, 2016.
 
48. 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
Action: Numbers 1, 2, and 3 held over to January 19, 2016.  Numbers 4 and 5 moved to Consent Calendar and adopted Resolution No. 67,328–N.S. (Implement United Nations Declaration) and Resolution No. 67,329–N.S. (Upgrading the United Nations Declaration).
 
49. 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
Action: Item held over to January 12, 2016.
 
50. 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
Action: Item held over to January 12, 2016.
 
51. 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
Action: Item held over to January 12, 2016.
 
52. 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
Action: Item held over to January 26, 2016.
 
53. 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 referring 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
Action: Councilmember Maio added as a co-sponsor.  Moved to Consent Calendar.  Adopted Resolution No. 67,330–N.S. (Support) amended to remove the final Resolved clause; and Resolution No. 67,331–N.S. (Relinquishment of Funds) amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Arreguin - $250; Councilmember Maio - $100; Councilmember Wengraf - $100; Councilmember Anderson - $250.
 
Revised Version
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
Action: Councilmembers Maio and Moore added as co-sponsors.  Moved to Consent Calendar.  Referred to the priority setting process.
Information Items 
55. Annual Update on Wells Fargo Bank's Community Involvement and Investment in the City of Berkeley
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Received and filed.
 
56. Report on Workers' Compensation FY 2015
From: City Manager
Contact: Sarah Reynoso, Human Resources, 981-6800
Action: Referred to the Agenda Committee for future scheduling.
 
57. Customer Service Improvement Initiative
From: City Manager
Contact: Savita Chaudhary, Information Technology, 981-6500
Action: Received and filed.
 
58. Property Assessed Clean Energy Providers
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
 
Adjourned at 12:25 p.m.
 
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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