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General Information
General Information

Regular Meeting eAgenda
 February 9
, 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 

  • 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.

~~~~~~~~~~~~~~~~~~~~~ 
AGENDA
  
BERKELEY CITY COUNCIL MEETING  
 
Tuesday, February 9, 2016
  
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. Amending BMC Chapter 13.42 to Adopt Additional Operating Standards for Mini-Dorms and Group Living Accommodations (GLAs)
    From: City Manager
    Recommendation: Adopt second reading of Ordinance No. 7,455-N.S. 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.
    First Reading Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain – None; Absent – Anderson.
    Financial Implications: See report
    Contact: Eric Angstadt, Planning and Development, 981-7400
  1. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on February 9, 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: Various Funds - $8,654,194
    Contact: Henry Oyekanmi, Finance, 981-7300
  1. Amending the Relocation Ordinance, Chapter 13.84 of the Berkeley Municipal Code
    From: City Manager
    Recommendation: Adopt first reading of an Ordinance amending the Relocation Ordinance, Berkeley Municipal Code Chapter 13.84, to add clarifying language to Section 13.84.020.C to define "Natural Disaster"; Section 13.84.070.A to include households specified in Section 13.84.040.B; and Section 13.84.070.O to address tenants with renter's insurance.
    Financial Implications: See report 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. Grant Agreement: Alameda County for HIV Testing in Public Health Clinical Settings
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the Interim City Manager to submit a grant agreement to Alameda County, accept the grant, execute any resultant revenue agreements and amendments, and implement the projects and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the following revenue agreement for calendar years 2016 and 2017 which spans fiscal years 2016, 2017, and 2018: HIV Testing program in the amount of $50,000 each calendar year for a total of $100,000.
    Financial Implications: See report 
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. **Removed from Agenda by City Manager** Contract No. 10036A Amendment: Truepoint Software Solutions for Accela Professional Services
    From: City Manager
    Contact: Savita Chaudhary, Information Technology, 981-6500
  1. Contract No. 9906 Amendment: Government Finance Officers Association (GFOA) for Extension of Enterprise Resource Planning (ERP) Advisory Services
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9906 with Government Finance Officers Association (GFOA) for extension of Enterprise Resource Planning (ERP) Advisory Services to replace the current FUND$ system, increasing the amount by $95,095, for a total not to exceed $144,835 from March 15, 2016 to July 31, 2017.
    Financial Implications: $95,095
    Contact: Savita Chaudhary, Information Technology, 981-6500
  1. Contract No. 5224D Amendment: Application Associates for Computer Training
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5224D with Application Associates for Citywide Computer Training, increasing the amount by $30,000 for a total not to exceed $300,000, from April 1, 2001 to June 30, 2016.
    Financial Implications: Employee Training Fund - $30,000
    Contact: Savita Chaudhary, Information Technology, 981-6500
  1. Lease Agreement: Berkeley Rowing Club for the Property at 2851 W. Bolivar Drive, Aquatic Park
    From: City Manager
    Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with the Berkeley Rowing Club for the use and management of the City's property at 2851 W. Bolivar Drive in Aquatic Park for a term of fifteen years.
    Financial Implications: See report
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
  1. Contract: ERA Construction, Inc. for Fiscal Year 2016 Responsive Sidewalk Project 
    From: City Manager
    Recommendation: Adopt a Resolution: 1.  Approving the plans and specifications for the Fiscal Year 2016 Responsive Sidewalk Project, 16-10989-C;  2.  Accepting the bid of the lowest responsive and responsible bidder, ERA Construction, Inc.; and 3.  Authorizing the City Manager to execute 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 $307,321.
    Financial Implications: Various Funds - $307,321
    Contact: Phillip Harrington, Public Works, 981-6300
  1. Contract: Pacific Trenchless, Inc. for 5th Street, Francisco Street, Curtis Street, Delaware Street, Lincoln Street, Virginia Street, Sutter Street, Henry Street, Hopkins Street and Eunice Street
    From: City Manager
    Recommendation: Adopt a Resolution: 1.  Approving the plans and specifications for the Sanitary Sewer Project, 16-10998-C, located on 5th Street, Francisco Street, Curtis Street, Delaware Street, Lincoln Street, Virginia Street, Sutter Street, Henry Street, Hopkins Street and Eunice Street;  2.  Accepting the bid of the lowest responsive and responsible bidder, Pacific Trenchless, Inc.; and 3.  Authorizing the City Manager to execute 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 $1,608,102.
    Financial Implications: Sanitary Sewer Operation Fund - $1,608,102
    Contact: Phillip Harrington, Public Works, 981-6300  
     
    Council Consent Items
      
  2. Designating City’s Labor Negotiator Under Gov. Code Section 54957.6
    From: Mayor Bates
    Recommendation: Adopt a Resolution designating the Mayor as labor negotiator to participate in closed sessions with the City Council with respect to negotiations for the City Manager classification.
    Financial Implications: None
    Contact: Tom Bates, Mayor, 981-7100

12. City Manager Referral:  Re-naming of Bret Harte Lane (#72) in Honor of California Poet Laureate Ina Coolbrith
From: Councilmember Wengraf 
Recommendation: In accordance with the City of Berkeley's naming policy, refer to the City Manager the renaming of Bret Harte Lane (#72) to honor California's first poet laureate, Ina Coolbrith. Request that this be sent to the appropriate commission for consideration and return to Council with a recommendation.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

13. City Manager Referral: Expanding Gun Safety Measures in Berkeley
From: Councilmembers Worthington and Wengraf
Recommendation: Refer to the City Manager to consider the following ordinances: 1. Banning Unsecured Firearms And Ammunition Located In Unattended Vehicles In The Public Right Of Way And "Public Places" As Defined In The Ordinance; and 2. Requiring That City-Issued Firearms In Unattended Vehicles Be Secured.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

14.  Extend the Berkeley Police Department Drone Moratorium for One Additional Year
From: Councilmember Worthington
Recommendation: Extend the moratorium on the use of unmanned aircraft systems, or “drones,” by the Berkeley Police Department for one additional year.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

15.  Budget Referral: Including BigBelly Solar Compactor Bins Allocation in the 2016 Mid-Year Budget Process
From: Councilmembers Worthington and Droste
Recommendation: Refer to the 2016 Mid-year budget process the purchasing of BigBelly Solar Compactor Bins in order to save money, meet zero waste goals, and reduce Berkeley’s greenhouse gas emissions.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  Support H.R. 2612 and S. 1473 to Fund Federal Gun Violence Research and Send a Letter to President Barack Obama and Senator Diane Feinstein
From: Councilmembers Worthington, Arreguin, and Wengraf 
Recommendation: Adopt a Resolution calling upon Congress to pass, and the President to sign, H.R.2612/S.1473, in relation to congressional funding for gun violence research.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

17.  Calling for the Nuclear Regulatory Commission to Reject License Renewal and Plan to Shut Down the Diablo Canyon Nuclear Power Plant and Send a Letter to the Nuclear Regulatory Commission
From: Councilmember Worthington
Recommendation:
1. Adopt a Resolution calling for Nuclear Regulatory Commission (NRC) to reject the license renewal of the Diablo Canyon Nuclear Power Plant and to create a plan to shut down the Diablo Canyon reactors; and
2. Send letters to the NRC and our state and national elected officials requesting the rejection of license renewal and to create a plan to shut down the Diablo Canyon reactors.
Financial Implications: Minimal 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

18.  Proclamation Honoring Frances Townes Day 
From: Councilmember Worthington
Recommendation: Adopt the Proclamation honoring February 13th as Frances Townes Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

19. City of Berkeley’s Co-Sponsorship of the Music is Healing Tour
From: Councilmember Worthington
Recommendation: That the City of Berkeley co-sponsor the Music is Healing Tour.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170  

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 - Public Hearing

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.

20.  ZAB Appeal: 2029-2035 Blake Street 
Supplemental materials
Attachment 5, Admin Record - Pt 1
Attachment 5, Admin Record - Pt 2
Attachment 5, Admin Record - Pt 3
Attachment 5, Admin Record - Pt 4
Attachment 5, Admin Record - Pt 5
Attachment 5, Admin Record - Pt 6
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving Use Permit No. ZP2014-0069 to demolish two existing non-residential buildings and construct a new 5-story mixed-use project with 82 residential units, two live/work units, a 1,896 sq. ft. ground-floor retail space, 68 auto parking spaces in a basement level garage, and 67 bike parking spaces, determining that appeal issues of scale, traffic and noise are without merit and rejecting the appeal as to those issues, and determining that the appeal issue of air quality has merit and adding a Condition of Approval as a result.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – Old Business

21. a. Living Wage for All City of Berkeley Employees (Continued from January 12, 2016)
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

      b. City Manager Referral: Create a Pathway for City Employees to Earn a Living Wage Within Two Years (Continued from January 12, 2016 – 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

22.   Restrict Parking in the Hills Hazardous Fire Area (Continued from January 12, 2016)
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: David Brannigan, Commission Secretary, 981-3473

23.  In Support of Ending Drone Warfare (Continued from January 12, 2016)
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

24.  a. Recommendation for the Five-Year Paving Plan (Continued from January 12, 2016)
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 (Continued from January 12, 2016)
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

25.  Final Status Report on West Berkeley Industry (Continued from January 19, 2016)
From: Councilmembers Maio and Droste
Contact: Linda Maio, Councilmember, District 1, 981-7110

26.  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 (Continued from January 12, 2016)
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

27.  Supporting Worker Cooperatives and Referral to City Manager to Develop a Worker Cooperative Ordinance (Continued from January 12, 2016 – Item includes revised materials.)
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

28.  Zoning Amendments to B.M.C. Chapter 23C.08 - Demolition and Dwelling Unit Controls (Continued from January 12, 2016)
Supplemental and revised materials
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

29.   City Manager Referral: Implementation of Tier One Recommendations from the Homeless Task Force (Continued from January 12, 2016 – Item includes supplemental and revised materials.)
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

30.  Refer to the Rent Stabilization Board to Consider Creating an Ordinance Preventing Evictions for Minor Offenses (Continued from January 12, 2016)
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

31.  Prioritizing the Comprehensive Affordable Housing Action Plan (Continued from January 12, 2016)
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

32.   Housing Trust Fund Loan for $1,000,000 (Continued from January 19, 2016)
From: Councilmember Worthington
Recommendation: Loan $1,000,000 to the Housing Trust Fund.
Financial Implications: $1,000,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170


Action Calendar – New Business

33.  Discussion and Direction Regarding Potential Ballot Measures for the November 2016 General Municipal Election
From: City Manager 
Recommendation: Discuss possible ballot measures for November 2016, and provide direction to the City Manager about which issues to include in a community survey.
Financial Implications: See report 
Contact: Matthai Chakko, City Manager’s Office, 981-7000

34.  Proposed Amendments to the Minimum Wage Ordinance, Berkeley Municipal Code Chapter 13.99
From: City Manager
Recommendation: Review and consider information regarding the activities and costs associated with implementing and enforcing the proposed amendments to the Minimum Wage Ordinance (MWO), including the potential impact of the proposed amendments on the City's minimum wage employees, employers, on-call workers and Youth-in-Training program workers, and either:
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.99 which includes revisions to the Ordinance per the Council directive and proposal presented at the November 10, 2015 Council meeting;  
 -OR-
2. Refer the MWO back to the City Manager for further analysis and revisions.
Financial Implications: See report
Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400

Council Action Items 

35.  Allocating Additional Property Transfer Tax Revenue to the Housing Trust Fund
From: Councilmember Arreguin
Recommendation: Adopt a Resolution modifying Council Budget Development Policies to allocate 25% of Funds from the Property Transfer Tax above $10.5 million to the Housing Trust Fund. The remaining 75% of funding in excess of $10.5 million will be allocated to the Capital Improvement Fund (Fund 610).
Financial Implications: See report 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Information Reports

36.  Feasibility of iPhone Use by City Staff & Backup Blackberry/IT System
From: City Manager
Contact: Savita Chaudhary, Information Technology, 981-6500

37.  800 University, Berkeley - Review of Planning Commission Approval of Tentative Tract Map 8183
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

Public Comment – Items Not Listed on the Agenda –

Adjournment in memory of: 

1.  Sylvia McLaughlin, Co-Founder of Save the Bay
2.  James Austin, Former Berkeley Firefighter

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),
via internet accessible video stream at
http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3.  Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

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.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@cityofberkeley.info

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials.  Please help the City respect these needs.

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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 January 28, 2016.

 

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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City of Berkeley - Central Administrative Offices, 2180 Milvia St, Berkeley, CA 94704
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
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