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General Information
General Information

Regular Meeting eAgenda
September 20
, 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.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 20, 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, CMC, 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 Councilmember 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 previous addressed that item during the Consent Calendar related public comment period.

 

1.

Reserving Very Low-Income In Lieu Units for Households Holding Section 8 Vouchers and Shelter + Care Certificates; Amending BMC Section 22.20.065

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Section 22.20.065.C.2. of the Berkeley Municipal Code to require that all Very Low-Income units provided in lieu of payment of the affordable housing mitigation fee be reserved for holders of Section 8 vouchers and Shelter + Care certificates.

Financial Implications: Minimal

Contact: Zach Cowan, City Attorney, 981-6950

 

2.

Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for the Council meetings of August 26, 2016 (special), August 29, 2016 (special and special closed), and August 31, 2016 (special).

Financial Implications: None

Contact: Mark Numainville, City Clerk, 981-6900

 

3.

Revenue Grant Agreement: Funding Support from the State of California to Conduct Public Health Nutrition Education & Obesity Prevention 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant agreement to the State of California, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following revenue agreement: Nutrition Education & Obesity Prevention (NEOP) Program, in the projected amount of $720,000 for Federal Fiscal Years 2017 through 2019.

Financial Implications: $720,000 (Grant)

Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

4.

Contract: Options Recovery Services to Provide Homeless Storage Locker Program***Item removed from agenda by the City Manager***

From: City Manager

Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

5.

 Preferential Parking Zone on Sixth Street for City Cars

From: City Manager

Recommendation: Adopt a Resolution establishing a preferential parking zone consisting of six spaces for City car parking on the west side of Sixth Street south of Hearst Ave. in front of the West Berkeley Service Center (WBSC), as allowed by Vehicle Code § 22507.  The zone will include the current passenger loading zone and four additional spaces.

Financial Implications: None

Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

6.

Contracts: On-Call Landscape Architectural Services for Capital Improvement Projects 

From: City Manager

Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call landscape architectural services for capital improvement projects, for contract periods of October 1, 2016 through September 30, 2019:

1. Dillingham Associates, for an amount not to exceed $300,000.

2. Harris Design, for an amount not to exceed $300,000.

3. RRM Design Group, for an amount not to exceed $300,000.

Financial Implications: See report

Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

7.

Referral Response to Three Previous Council Referrals Pertaining to Property Assessed Clean Energy (PACE) Programs 

From: City Manager

Recommendation:

1. Regional Collaborative Services Agreement (RCSA): Adopt a Resolution authorizing the City Manager to approve and sign the Association of Bay Area Governments (ABAG) member acknowledgement addendums of the Regional Collaborative Services Agreement (RCSA), as executed between ABAG and administrators of the following residential PACE programs: California HERO Program; AllianceNRG Program; PACE Funding Program; E3 PACE Program; Figtree PACE Program; YgreneWorks PACE Program.

2. Membership in additional PACE Programs: Adopt four Resolutions authorizing execution of agreements consenting to opt in to the three PACE programs listed below, in addition to four programs currently operating in Berkeley: E3 PACE Program; Figtree PACE Program; YgreneWorks PACE Program (requires 2 resolutions).

Financial Implications: None

Contact: Carol Johnson, Planning and Development, 981-7400

 

8.

Extra Meeting in Calendar Year 2016 for the Medical Cannabis Commission

From: Medical Cannabis Commission

Recommendation: Adopt a Resolution approving one additional meeting for the Medical Cannabis Commission in calendar year 2016.

Financial Implications: Staff time

Contact: Elizabeth Greene, Commission Secretary, 981-7400

 

9.

Re-appointment of Jenne King to Mental Health Commission

From: Mental Health Commission

Recommendation: Adopt a Resolution approving the re-appointment of Jenne King to the Mental Health Commission, as a representative of the Berkeley Special Public Interest category, to complete her term ending September 15, 2018.

Financial Implications: None

Contact: Karen Klatt, Commission Secretary, 981-5400

 

10.

Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity

From: Auditor

Recommendation: Request the City Manager report back by March 28, 2017, and every six months thereafter, regarding the status of recommendations until reported fully implemented.

Financial Implications: See report

Contact: Ann-Marie Hogan, Auditor, 981-6750


 

Council Consent Items

 

11.

Proclamation Declaring October 8, 2016 as Indigenous Peoples Day and Approving City Co-Sponsorship

From: Councilmember Arreguin

Recommendation: Approve a proclamation:

1. Declaring October 8, 2016 as Indigenous Peoples Day in the City of Berkeley; and

2. Approving City co-sponsorship of the 2016 Indigenous Peoples Day event.

Financial Implications: None

Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

 

12.

Permitting US Presidential Debates Outdoor Display on BAM/PFA Screen 

Revised materials

From: Councilmembers Worthington, Capitelli, and Arreguin

Recommendation: That the City Council sponsor and/or permit US Presidential Debates outdoor display on the BAM/PFA screen.

Financial Implications: $750 to $1,000

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

13.

Proclamation Honoring Aurora Levins Morales and Vehicles for Change 

From: Councilmember Worthington

Recommendation: Adopt a proclamation honoring Aurora Levins Morales and Vehicles for Change.

Financial Implications: Minimal

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

14.

Associated Student of the University of California for the Word Sound Life: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 

From: Councilmember Worthington

Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $200 per Councilmember to the Associated Students of the University of California for the Word Sound Life with funds relinquished to the City’s general fund for this purpose support Berkeley residents’ for the year round iCAMP program, a collaboration with the ASUC sponsored Word of Sound organization to offer stage, media and voice production as an express outlet for cultural and artistic from the Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.

Financial Implications: Councilmember's Discretionary Funds - $200

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

15.

City Manager Referral: Examining the Feasibility of Establishing a Navigation Center for Homeless Residents 

From: Councilmembers Worthington and Maio

Recommendation: Refer to the City Manager examine the feasibility of establishing a Navigation Center for homeless residents that is modeled after San Francisco.

Financial Implications: Minimal

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

16.

City Manager Referral: Disability Exemption or Amendment to Demolition Ordinance 

From: Councilmember Worthington

Recommendation: City Manager Referral: Disability Exemption to Demolition Ordinance through Ordinance Amendment or administrative action.

Financial Implications: Minimal

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

17.

 Halycon Commons Twentieth Anniversary Proclamation

From: Councilmembers Droste and Worthington

Recommendation: Adopt a proclamation honoring Halcyon Neighborhood Association on the 20th anniversary of Halcyon Commons.

Financial Implications: None

Contact: Lori Droste, Councilmember, District 8, 981-7180

 

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 – Old Business

 

18.

Selecting Fifth and Sixth Medical Cannabis Dispensaries (Continued from July 19, 2016)

Supplemental materials

From: Councilmember Worthington

Recommendation: Review the information included with this report, including the recommendations of the Medical Cannabis Commission (MCC), select two of the five remaining applicants to be the fifth and sixth medical cannabis dispensary and direct staff to bring a resolution for approval to a future meeting.

Financial Implications: See report

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

19.

Amend the General Fund Reserve Policy Utilizing a Gradual Step-Based Pathway to Increase the General Fund Reserve Policy (Continued from July 19, 2016)

Revised materials

From: Councilmember Worthington

Recommendation: That the Council amend the General Fund Reserve Policy by utilizing a gradual step-based pathway to increase it incrementally, as well as providing a substantial increase in the short-term.

Financial Implications: See report

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

20.

Supporting the End of the Dog Meat Festival in Yulin, China (Continued from July 19, 2016)

Revised materials

From: Councilmember Worthington

Recommendation: Support the measure to end the consumption, illegal trade, killing, and abuse of animals in the Lychee and Dog Meat Festival (Yulin Dog Meat Festival), in Yulin, China.

Financial Implications: Minimal

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

21.

City Manager Referral: Consider the Four Recommendations Contained in the Alameda County Grand Jury Report (Continued from July 19, 2016)

From: Councilmember Worthington

Recommendation: Refer to the City Manager to consider the four recommendations in response to the Alameda County Grand Jury Report recommendations.

Financial Implications: Minimal

Contact: Kriss Worthington, Councilmember, District 7, 981-7170


 

Action Calendar – New Business

 

22.

Amending Council Rules Regarding Removal of Commissioners 

From: Open Government Commission

Recommendation: Direct staff to return with proposed revisions to the Berkeley City Council Rules of Procedure and Order (Council Rules) consistent with the recommendations in this report, i.e., noting that as a matter of courtesy and respect, Councilmembers are expected to set the date a commissioner is to be replaced on a commission and communicate that date to the commissioner two weeks from the official date of replacement.

Financial Implications: Staff time

Contact: Savith Iyengar, Commission Secretary, 981-6950

 

Information Reports

 

23.

Incorporating Principles of Universal Design 

From: Commission on Disability

Contact: Carmella Rejwan, Commission Secretary, 981-6300

 

24.

Article: “Why are Bay Area recycling centers closing -- and can anything save them?” 

From: Councilmember Maio

Contact: Linda Maio, Councilmember, District 1, 981-7110

Public Comment – Items Not Listed on the Agenda –

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
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.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 8, 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. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

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