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General Information
General Information

Regular Meeting Annotated eAgenda
January 26, 2016

 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
 
TUESDAY, JANUARY 26, 2016
7:00 P.M.
 
LONGFELLOW MIDDLE SCHOOL AUDITORIUM – 1500 DERBY STREET, BERKELEY, CA 94703
 
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: 7:15 p.m.
 
Present: Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington, Bates
 
Absent: Anderson
 
Ceremonial Matters:
1. Recognition of Walter Hood, Berkeley Artist
2. Celebrating the 43rd Anniversary of Roe v. Wade
City Manager Comments: None.
 
Public Comment on Non-Agenda Matters: 4 speakers.
 
Public Comment on Consent Calendar and Information Items Only: 3 speakers.
 
Consent Calendar
 
Action: M/S/C (Capitelli/Moore) to accept revised material from Councilmember Capitelli on Item 15.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
 
Action: M/S/C (Worthington/Moore) to adopt the Consent Calendar in one motion except as indicated.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
1. General Fund Allocation for Capital Improvement Grants for the U.C. Theatre and the KALA Art Institute
From: City Manager
Recommendation: Refer capital improvement grants totaling $250,000 for two Berkeley arts organizations, The Berkeley Music Group (U.C. Theatre) in the amount of $150,000 and the KALA Art Institute in the amount of $100,000, to the FY 2016 Mid-Year Report that will be presented to Council on February 23. This funding will be reviewed and prioritized in the context of all Council budget referrals.
Financial Implications: General Fund - $250,000
Contact: Michael Caplan, Economic Development, 981-7530
Action: Approved recommendation.
2. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on January 26, 2016
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: Fund 609 - $6 - $8 Million
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Approved recommendation.
3. Contract No. 9497A Amendment: Sentry Control Systems for Garage Payment System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9497A with Sentry Control Systems, increasing the amount by $202,295 for a total NTE of $402,295 to provide a more secure credit card payment environment at City garages.
Financial Implications: Off-Street Parking Fund - $202,295
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Adopted Resolution No. 67,358–N.S.
4. Contract No. 9369B Amendment: Badawi & Associates Professional Auditing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9369 with Badawi & Associates for outside Professional Auditing Services to audit Measure BB funds. Increasing the contract by $25,000 for a total not to exceed of $457,263. The additional funds are needed for an expanded Scope of Work to audit the Alameda County Transportation Commission-Measure BB Funds of the City.
Financial Implications: General Fund - $25,000
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Adopted Resolution No. 67,359–N.S.
5. Grayson Street Apartments: Housing Trust Fund Reservation and Affordable Housing and Sustainable Communities Application
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving a funding reservation of $1.4 million from the Housing Trust Fund for Grayson Street Apartments, contingent upon Satellite Affordable Housing Associates (SAHA) securing its remaining financing commitments by December 31, 2016. 2. Authorizing a joint application with SAHA for Affordable Housing Sustainable Communities (AHSC) funds for Grayson Street Apartments and related infrastructure improvements. 3. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.
Financial Implications: See report
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 67,360–N.S.
6. Revenue Contract: Community Services Block Grant for Calendar Year 2016
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 16F-5001 for the initial amount of $66,580, and execute any resultant agreements and amendments that may increase the contract amount up to an estimated $250,276 to provide low-income services for the period January 1, 2016 to December 31, 2016.
Financial Implications: See report
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Adopted Resolution No. 67,361–N.S.
7. Grant Application: Housing-Related Parks Program, California Department of Housing and Community Development
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for a grant from the California Department of Housing and Community Development Housing-Related Parks Program of up to $1.95 million for improvements to the James Kenney Community Center.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 67,362–N.S.
8. Purchase Orders: Golden Gate Petroleum for Fuel for City Vehicles and Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute multi-year purchase orders with Golden Gate Petroleum for fuel for City vehicles and equipment in an amount not to exceed $820,000 for remaining FY 2016 and $6,624,000 for the next four fiscal years (FY 2017 through FY 2020) for a total purchasing authorization not to exceed $7,444,000.
Financial Implications: Various Funds - $7,444,000
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 67,363–N.S.
Council Consent Items
9. Support California Public Education Facilities Bond Initiative
From: Councilmember Worthington
Recommendation: Support the California Public Education Facilities Bond Initiative.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

10. Amendment to Council Rules of Procedure Requiring New Documents be Distributed and Accepted before Public Comment
From: Councilmember Worthington
Recommendation: Amendment to Council Rules of Procedure requiring new documents be distributed and accepted before public comment.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.
Action Calendar – Old Business 
11. a. Report of Investigation Into the Police Department Response to Protests on December 6, 2014 (Continued from December 15, 2015)
From: Police Review Commission
Recommendation:
1. Accept the Police Review Commission's investigative report into the Berkeley Police Department'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 15, 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: None
Contact: Michael Meehan, Police, 981-5900
 
Action: 16 speakers. M/S/C (Droste/Capitelli) to:
1. Accept the Police Review Commission report on BPD response to December 6, 2014 Protests.
2. Direct the City Manager to begin the process of implementing reforms by working with BPD and PRC to refine the language of the agreed upon recommendations
3. Direct the City Manager to work with BPD and the PRC to continue to seek consensus in areas of disagreement.
4. Direct the City Manager to provide a progress report every 90 days including a timeline for implementation.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
Action: M/S/C (Droste/Capitelli) to:
5. Refer the October 19, 2015 letter from Osha Neumann to the City Manager for evaluation.
Vote: Ayes – Maio, Arreguin, Capitelli, Worthington, Droste; Noes – Moore, Wengraf, Bates; Abstain – None; Absent – Anderson.
Recess: 9:00 p.m. – 9:15 p.m.
Action Calendar – Public Hearings 
12. ZAB Appeal: 1016-1018 Jones Street
Administrative Record - Part 1
Administrative Record - Part 2
From: City Manager
Recommendation: Conduct a Public Hearing, and upon conclusion adopt a Resolution approving Use Permit UP2014-0035. The project would move the existing one-story, 908 square foot, single-family dwelling to the back of the lot, add a 111 square-foot addition to the building, and place a new, two-story 1,488 square-foot single family dwelling at the front of the lot, resulting in six bedrooms on the parcel.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 6 speakers.
M/S/C (Maio/Moore) to close the public hearing.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
 
Action: M/S/C (Worthington/Wengraf) to re-open the public hearing.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – Droste; Abstain – None; Absent – Anderson.
Action: M/S/C (Droste/Moore) to adopt Resolution No. 67,364–N.S. approving Use Permit UP2014-0035. The project would move the existing one-story, 908 square foot, single-family dwelling to the back of the lot, add a 111 square-foot addition to the building, and place a new, two-story 1,488 square-foot single family dwelling at the front of the lot, resulting in six bedrooms on the parcel.
Vote: Ayes – Moore, Capitelli, Worthington, Droste, Bates; Noes – Maio, Arreguin; Abstain – Wengraf; Absent – Anderson.
Action Calendar – New Business 
13. Amending BMC Chapter 13.42 to Adopt Additional Operating Standards for Mini-Dorms and Group Living Accommodations (GLAs)
Presentation
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.42 to adopt additional operating standards for Mini-dorms and to extend these standards to all Group Living Accommodations ("GLAs"), in specified zoning districts.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action: M/S/C (Maio/Moore) to suspend the rules and extend the meeting to 11:15 p.m.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain – None; Absent – Anderson.
Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain – None; Absent – Anderson.
Action: 34 speakers. M/S/C (Maio/Wengraf) to adopt first reading of Ordinance No. 7,455-N.S as amended below (in italics). Second reading scheduled for February 9, 2016.

Section 13.42.030
B. The residents of each Mini-dorm or GLA shall designate a Responsible Resident, who shall be responsible for:
1. ensuring that all refuse and materials to be recycled are properly managed and collected, and that all refuse and recycling containers are returned to their appropriate locations after collection;
2. ensuring that all vehicles at each Mini-dorm or GLA are utilizing off-street parking in approved spaces in compliance with Section 23D.12.080; and
3. establishing a written regular maintenance schedule that details the tasks required to keep the property in compliance with Chapters 12.32 and 12.34, free and clear from accumulations of solid waste, overgrown vegetation, graffiti, and rodent harborage. A copy of the maintenance schedule shall be made available to City staff on request; and
4. responding to all complaints regarding the Mini-dorm or GLA within 24 hours; keeping a log of all complaints, the response to the complaint and the resolution of the complaint; and retaining the complaint log for no less than 24 months. The complaint log shall be made available to City staff on request. The logs shall be made available to Berkeley residents residing within 300 feet of a mini-dorm or GLA within 10 days of a request. Any Berkeley residents residing within 300 feet of a mini-dorm or GLA may submit to the City a written request for a copy of the Responsible Resident’s log and City staff shall within 10 days of receipt of such request ask for a copy of the Responsible Resident’s log on behalf of the requesting resident; and
5. promptly notifying the owner and property manager (if any) of any notices under Chapters 12.70 or 13.48.
The Responsible Resident shall not be responsible for any of the foregoing tasks that are the sole responsibility of the owner or property manager.

Section 13.42.036
E. If a resident or guest at a Mini-dorm or GLA is convicted of or enters a plea of no contest to violation of any of Penal Code Sections 220, 243.4, 244, 244.5, 245, 261, 261.5, 261.9, 273.5, 286, 288(a), or 289, or any other felony assault, or felony sexual assault, and the crime was committed in an area where an event subject to this Section is taking place, then the Mini-dorm or GLA at which the violation occurred may be deemed a nuisance. Nuisance proceedings under this subdivision based on a report of a sexual assault by a survivor shall only conducted if the survivor of the sexual assault initiates such proceedings with a written complaint to the City and explicitly consents to such proceedings.

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


14. Referral to City Manager: Donation of Unsold Food to Charities (Continued from December 15, 2015)
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 February 23, 2016. 
 
15. Condition of Approval for Major Development Projects (Continued from December 15, 2015)
Revised Material
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: Moved to Consent Calendar. Adopted revised recommendation as written below:

“Refer to the City Manager to generate an ordinance requiring all projects that include new construction of greater than 30,000 square feet and that are not subject to local, state, or federal prevailing wage requirements or do not have a valid Project Labor or Community Workforce Agreement to adhere to the requirements as outlined below. The City Manager is requested to provide a history of the wage theft problem in Berkeley.”

16. Customer Service Improvements to Land Use Permit Process
From: City Manager
Recommendation: Direct staff to make structural improvements to the Zoning Ordinance, communication improvements to better explain complex technical and procedural elements to the public, and organizational improvements to the Land Use Planning Division; and authorize the issuance of a request for proposals (RFP) for the selection of consultants to make structural improvements to the Zoning Ordinance and develop graphic communication elements in an amount not to exceed $300,000.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Moved to Consent Calendar. Approved recommendation.
 
17. a. Tobacco 21 Recommendation
From: Community Health Commission
Recommendation: In response to the City Council’s referral, and upon further investigation, the Community Health Commission recommends that Council amend Berkeley Municipal Code section 9.80.035 to add a subdivision H, stating: “Effective January 1, 2017, no tobacco retailer or person shall sell tobacco-related products, including flavored tobacco products, electronic nicotine delivery systems and e-liquid, to individuals under the age of 21.” This recommendation, in our belief, would advance three main objectives: 1. Decrease the rate of youth smoking in Berkeley, which would ultimately lower the rate of adult-aged regular smokers; 2. Lower the amount of secondhand smoke near schools and places where youth congregate; 3. Decrease long-term medical costs by decreasing smoking rates among the city population.
Financial Implications: See report
Contact: Tanya Bustamante, Commission Secretary, 981-5400
 
b. Companion Report: Tobacco Minimum Age
From: City Manager
Recommendation: Take no action on the Community Health Commission's Tobacco Minimum Age recommendation at this time pending the outcome of proposed State legislation to raise the smoking age to 21 statewide.
Financial Implications: None
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
 
Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 11:45 p.m.
Vote: Ayes – Maio, Arreguin, Capitelli, Worthington, Droste, Bates; Noes – Wengraf; Abstain – Moore; Absent – Anderson.
Action: 4 speakers. M/S/C (Arreguin/Moore) to adopt item 17.a.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
Information Reports
18. Customer Service Cash Receipts/Cash Handling Audit-Status Report
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Received and filed.
 
19. FY 2016 Investment Report: Quarter Ended September 30, 2015
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Received and filed.
 
20. Treasury Cash Receipts/Cash Handling Audit - Status Report
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Received and filed.
 
21. Berkeley 2015 Homeless Point-In-Time Count
From: City Manager
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
Action: Moved to Action Calendar. Requested that the City Manager provide clarifying information on direct and indirect resource impacts in a future Information Report.
 
22. LPC - NOD: 2777 Shattuck Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Moved to Action Calendar. M/S/C (Maio/Moore) to set the matter for a public hearing at the earliest possible date.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson. 
 
23. LPC - NOD: 1065 Ashby Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed. 
 
24. LPC - NOD: 2101 Shattuck Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.
Public Comment – Items Not Listed on the Agenda – 0 speakers.

Adjournment  
 
Action: M/S/C (Bates/Arreguin) to adjourn the meeting.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
 
Adjourned at 11:35 p.m. in memory of:
1. Judah Aaron Marans
2. James Austin, Former Berkeley Firefighter
3. Sylvia McLaughlin, Co-Founder of Save the Bay 
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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