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General Information
General Information

Regular Meeting eAgenda
November 29
, 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, November 29, 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.

Amending BMC Section 19.50.040 to Increase Alternative Housing Not-to-Exceed Costs When a Building Operator is Unable to Complete a Repair to an Elevator Within Twenty-four Hours of Receiving Notice of its Malfunction or Need for Repair
From: Rent Stabilization Board
Recommendation: Adopt second reading of Ordinance No. 7,517-N.S. amending Berkeley Municipal Code Section 19.50.040, increasing the alternative housing not-to-exceed costs from $75 per day to $180 per day, and increasing the total not-to-exceed cost from $750 to $1,800, and increasing these amounts annually beginning January 1, 2018, based on increases in the Consumer Price Index-All Urban Consumers in the San Francisco-Oakland-San Jose Region.
First Reading Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
Financial Implications: None
Contact: Jay Kelekian, Rent Stabilization Board, 981-7368

 

2.

Amendment: FY 2017 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2017 Annual Appropriations Ordinance No. 7,493–N.S. for fiscal year 2017 based upon recommended re-appropriation of committed FY 2016 funding and other adjustments authorized since July 1, 2016, in the amount of $98,064,312 (gross) and $81,921,524 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

3.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 29, 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 - $7,408,619
Contact: Henry Oyekanmi, Finance, 981-7300

 

4.

Contract: Host Compliance LLC for Administration Services for the Short-Term Rentals Ordinance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or her designee to negotiate and execute a contract and any amendments with Host Compliance LLC (“Host Compliance”) to provide administration services for the Short-Term Rentals Ordinance (“STRO”) when adopted by the City Council, with an estimated not-to-exceed amount equal to 0-10% of revenue collected (depending on the features and administrative complexity of the ordinance) or a flat fee, whichever is in the best interest of the City, for the period January 1, 2017 to June 30, 2019 with the option to extend for two (2) additional 12-month periods.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

5.

Contract: Building Opportunities for Self Sufficiency to Provide Property Management Services at McKinley House
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Building Opportunities for Self Sufficiency (BOSS) to provide property management services for City-owned property located at 2111 McKinley Avenue (McKinley House) for a total not to exceed $100,000.
Financial Implications: Mental Health Service Act Fund - $100,000
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

6.

Referral Response: Amending Berkeley Municipal Code Chapter 3.76 Enabling Community Health Commission
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 3.76, which enables the Community Health Commission (CHC) to include health equity under its purview and to maintain the size of CHC at 18 members, with two appointees per Councilmember.
Financial Implications: Minimal
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

7.

Contract No. 10264 Amendment: ThirdWave Corporation for Professional Services and Training
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10264 with ThirdWave Corporation for the following professional services: Rapid Workflow Process Workshops, development of a Cost Allocation Plan, Professional Training, and an assessment of the City’s website for an amount not to exceed $132,659, and a total contract value not to exceed $229,153 from May 1, 2016 to June 30, 2018.
Financial Implications: Various Funds - $132,659
Contact: Savita Chaudhary, Information Technology, 981-6500

 

8.

Contract No. 7489G Amendment: Rent Tracking System Upgrades and Enhancements
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No 7489G with Software AG for Rent Tracking System Upgrades and Enhancements, increasing the amount by $108,623, for a total not to exceed $709,678 from December 21, 2007 to June 30, 2017.
Financial Implications: Various Funds - $108,623
Contact: Savita Chaudhary, Information Technology, 981-6500

 

9.

Donation: Friends of Berkeley Rose Garden for Improvements at the Berkeley Rose Garden
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation from the Friends of Berkeley Rose Garden in the amount of $5,000 for improvements at the Berkeley Rose Garden.
Financial Implications: $5,000 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

10.

Donation: Memorial Bench in Cesar Chavez Park from the Brown Family
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 from the Brown family for a memorial bench in honor of their son Asa to be placed in Cesar Chavez Park.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

11.

Donation: Berkeley Echo Lake Camp Association (BELCA) Gift to Echo Lake Camp
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation of $4,665 for Echo Lake Camp from the Berkeley Echo Lake Camp Association (BELCA).
Financial Implications: $4,665 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

12.

Donation: Memorial Bench in Cesar Chavez Park from the Keilch Family
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 from the Keilch family for a memorial bench to be placed in Cesar Chavez Park.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

13.

Contract No. 9088D Amendment: Structural System Solutions, Inc. for Additional Design and Construction Administration Services for the Echo Lake Camp Commercial Kitchen Hood/Ventilation Upgrade
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9088D with Structural System Solutions, Inc. to provide additional design and construction administration services for the Echo Lake Camp Commercial Kitchen Hood/Ventilation Upgrade in an amount not to exceed $2,320 for a total contract amount not to exceed $52,303.
Financial Implications: Playground Camp Fund - $2,320
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

14.

Contract No. 9046 Amendment: Association of Sports Field Users (ASFU) for Additional Maintenance Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9046 adding $20,000 for a total contract amount not to exceed $686,170.
Financial Implications: Gilman Fields Reserve AC Fund - $20,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

15.

Fund the Public Safety Building Lighting Retrofit Using On-Bill Financing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to use a zero-interest loan through Pacific Gas and Electric to pay for a lighting retrofit at the Public Safety Building.  The total cost of the project is $195,250, with rebates of $28,004, for a total project cost to the City of $167,246.
Financial Implications: See report
Contact: Andrew Greenwood, Police, 981-5900

 

16.

Contract No. 9069C Amendment: AMEC Foster Wheeler plc for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9069C with AMEC Foster Wheeler plc for on-call environmental consulting services, increasing the current contract by $100,000 for a total contract amount not to exceed $300,000.
Financial Implications: Zero Waste Fund - $100,000
Contact: Phillip Harrington, Public Works, 981-6300

 

17.

Contract No. 10199 Amendment: D.L. Falk Construction, Inc. for 1947 Center Street Building Renovation, Phase II
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10199 with D.L. Falk Construction, Inc. for the 1947 Center Street Building Renovation Phase II project, increasing the contract amount by $350,000 for an amended total amount not to exceed $6,162,276.
Financial Implications: Permit Service Center Fund - $350,000
Contact: Phillip Harrington, Public Works, 981-6300

 

18.

Contract: Harrison Engineering Inc. for On-Call Civil Engineering Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Harrison Engineering Inc. for on-call civil engineering services, for the period November 30, 2016 through June 30, 2019, in an amount not to exceed $700,000.
Financial Implications: Capital Improvement Fund - $700,000
Contact: Phillip Harrington, Public Works, 981-6300

 

19.

Purchase Order: Owen Equipment Sales for Two Vactor Model 2100 Plus Combination Sewer Jet Trucks
From: City Manager
Recommendation: Adopt a Resolution satisfying City Charter Article XI Section 67.2 requirements allowing the City to participate in National Joint Powers Alliance contract bid procedures, and authorizing the City Manager to execute a purchase order for two Vactor Model 2100 Plus Combination Sewer Jet trucks with Owen Equipment Sales in an amount not to exceed $944,800.
Financial Implications: Equipment Replacement Fund - $944,800
Contact: Phillip Harrington, Public Works, 981-6300

 

20.

Leave of Absence Request for Jean Marie “Herve” Michel
From: Mental Health Commission
Recommendation: Approve a leave of absence for Jean Marie “Herve” Michel from the Mental Health Commission for the period November 30, 2016 through December 30, 2016.
Financial Implications: None
Contact: Karen Klatt, Commission Secretary, 981-5400


 

Council Consent Items

 

21.

Park Bench in Cesar Chavez Park: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates
Recommendation:
1. Adopt a Resolution approving the expenditure of an amount not to exceed $3,400 per Councilmember, including $3,400 from Mayor Bates, with funds relinquished to the City’s Parks Fund donation revenue budget from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute, for the purposes of purchase and installation of a park bench with appropriate dedication to be provided by Carole Norris in recognition of her work with and on behalf of the Berkeley Housing Authority. 
2. Request the City Manager work with the Director of Parks, Recreation, & Waterfront to determine the appropriate placement of a bench Cesar Chavez Park in compliance with the City’s Park Bench Donation and Expanded Parks Donation Policies.
Financial Implications: Mayor's Discretionary Funds - $3,400
Contact: Tom Bates, Mayor, 981-7100

 

22.

Urban Agriculture Package
From: Councilmember Arreguin
Recommendation: Refer to the Planning Commission to develop regulations to facilitate urban agriculture, taking into consideration the following concepts: 1. Designate “urban agriculture” as a primary and incidental use category and define as, “the production of food or horticultural crops for harvest, sale, and/or donation, not including cannabis”. 2. Add urban agriculture as an Outdoor Use in all Commercial zones. 3. Permit urban agriculture on unoccupied lots in residential zones. 4. Consider whether to permit urban agriculture in lots in the Hillside Overlay, and whether to permit urban agriculture on lots of a certain slope or requiring a geotechnical study. 5. Define rooftop gardens and develop requirements that comply with existing building codes. 6. Permit accessory uses, including sheds, greenhouses, trellises, pergolas and fences on occupied and vacant lots used for urban agriculture. 7. Permit group class instruction, community gatherings, and sales as an accessory use in commercial and residential zones and establish conditions for these uses in residential zones based on the requirements in Section 23C.20.010 (B), Sales of Non-Processed Edibles.  8. Permit sales of “value-added” products or processed food products to be sold on site during the sales of non-processed edibles or plants, in compliance with the State of California Homemade Food Act. 9. Consider the levels of discretion (permits required) for these various uses.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

 

23.

Delegates from Humanitarian Organizations in the East Bay Pilgrimage to El Progreso, Honduras to Support 60th Anniversary of Radio Progreso & ERIC-SJ
From: Councilmember Worthington
Recommendation: Adopt a proclamation celebrating the 60th anniversary of Radio Progreso & ERIC-SJ in the town of El Progreso, Honduras.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

24.

Expanding Berkeley’s Hate Free Zone, and Showing Support for Multiple Communities Feeling Vulnerable and Under Attack
Revised materials
Supplemental materials
From: Councilmember Worthington
Recommendation: Adopt a Resolution Expanding Berkeley’s Hate Free Zone, and showing support for multiple communities feeling vulnerable and under attack, including but not limited to those who are Immigrants, Mexican, Arabic, Jewish, Muslim, Latino, Asian-American, African-American, Women, Disabled, and/or part of the LGTBQQIA communities.
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 Hearings

 

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

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

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

     

 

25.

Adoption of the 2016 California Fire Code with Local Amendments
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,518-N.S. repealing and reenacting the Berkeley Fire Code, including amendments to the California Fire Code as outlined in the proposed ordinance, plus Appendix Chapters B (as amended by BMC 19.48.020, Amendments to the California Fire Code), D, E, F, L (as amended by BMC 19.48.020, Amendments to the California Fire Code) and N published by the International Code Council not included in the California Building Standards Code, as Berkeley Municipal Code Chapter 19.48.
First Reading Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
Financial Implications: See report
Contact: Gil Dong, Fire, 981-3473

 

26.

Adoption of Berkeley Building Codes
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,516-N.S. repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and 19.37, repealing BMC Chapter 19.24 Construction and Demolition Debris Salvage and Recycling, and adopting related procedural and stricter provisions.
First Reading Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
Financial Implications: See report
Contact: Carol Johnson, Planning and Development, 981-7400

 


Action Calendar – Old Business

 

27.

Establish a 90 Day Deadline to Either Collect Over $641,000 Owed in Lien or to Bring Owner in Compliance with Agreement (Continued from November 1, 2016)
From: Councilmember Worthington
Recommendation: Establish a 90 day deadline to require the owner of the lot on the corner of Haste Street and Telegraph to pay over $641,000 owed to the City in lien or to bring the owner in compliance with the agreement to use the lot to provide affordable housing for the community, as well as a public restroom.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

28.

Amend the General Fund Reserve Policy Utilizing a Gradual Step-Based Pathway to Increase the General Fund Reserve Policy (Continued from September 20, 2016)
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

 

 

Action Calendar – New Business

 

29.

General Fund Reserve Policy
From: City Manager
Recommendation: Adopt a Resolution to amend the General Fund Reserve Policy. The purpose of the policy is to establish a minimal general fund reserve level, designate specific portions of the reserve for stabilization and catastrophic purposes, and define the use, funding and replenishment guidelines of the funds.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

30.

Contract Amendment: CalPERS Cost Share under Government Code 20516 for Employees Represented by the SEIU Local 1021 Community Services & Part-Time Recreation Leaders Association
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,515-N.S. amending the City’s contract with CalPERS to provide the mandatory monthly employee contribution of 8.0% of salary as provided under Government Code Section 20516, applicable to all members (Miscellaneous employees, both Classic and New Members) represented by the SEIU Local 1021-CSU/PTRLA.
First Reading Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – None; Absent – Anderson.
Financial Implications: See report
Contact: Sarah Reynoso, Human Resources, 981-6800

 

31a.

Short-Term Rental Regulations Ordinance, Adding BMC Chapter 23C.22 and Amending BMC Titles 23D and 23E
Presentation
From: City Manager
Recommendation:  1. Review and consider staff response to the July 7, 2016 Council questions and direction. 
2. Adopt first reading of an Ordinance regarding Short-Term Rental Regulations, adding Berkeley Municipal Code Chapter 23C.22 and amending Berkeley Municipal Code Titles 23D and 23E to make related changes.
Financial Implications: See report
Contact: Carol Johnson, Planning and Development, 981-7400

 

31b.

City Manager Referral: Placing as the Top Priority on the Short-term Affordable Housing Action Plan the Implementation of the Short-term Rental Housing Regulations and Fee, and Schedule a Follow-up Housing Worksession (Continued from October 18, 2016)
From: Councilmember Worthington
Recommendation: Refer to the City Manager to place as the top priority on the short-term affordable housing action plan the implementing the short-term rental housing regulations and fee, and schedule a follow-up Housing Worksession as the first Worksession for the new City Council.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

32.

Modify the Zoning Ordinance, Amending Accessory Buildings and Structures, BMC Chapter 23D.08, and Adding a Definition of Kitchen to Definitions, BMC Section 23F.04.010
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Zoning Ordinance Accessory Buildings and Structures, Berkeley Municipal Code Section 23D.08, and adding a definition of Kitchen to Definitions, Berkeley Municipal Code Section 23F.04.010
Financial Implications: See report
Contact: Carol Johnson, Planning and Development, 981-7400

 

33a.

 Allocation of $3 Million Over Two Years, FY18 and FY19, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs)
From: Sugar Sweetened Beverage Product Panel of Experts
Recommendation:
1.  Adopt a Resolution allocating $3 million from the General Fund in FY18 and FY19 that shall be invested in a grant program administered and coordinated by the Berkeley Public Health Division consistent with the SSBPPE’s goals to reduce the consumption of sugar sweetened beverages (“SSB”) in Berkeley and to address the effects of SSB consumption. The total of $3 million will be distributed in two installments of $1.5 million per year for FY18 and FY19. In each of these years, the funds will be distributed as follows:
a.  Direct the City Manager to award up to 42.5% of the allocated funds to Berkeley Unified School District (BUSD) through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs.  The BUSD funding process is separate from the RFP process for the general community-based organization funding process and shall be guided by the SSBPPE Commission’s Criteria for BUSD Funding.
 b.  Direct the City Manager to award at least 42.5% of the allocated funds through a RFP process managed by the Public Health Division for grants to community-based organizations consistent with the SSBPPE’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption.  The community-based organization funding RFP process is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Criteria for Community Agency Grants. 

2.  Direct the City Manager to utilize 15% of the allocated funds to support the Berkeley Public Health Division to coordinate and monitor the grant process, coordinate the overall program evaluation, and produce an annual report that disseminates process and outcome data resulting from the SSBPPE funding program.
Financial Implications: See report
Contact: Dechen Tsering, Commission Secretary, 981-5300

 

33b.

Companion Report:  Allocation of $3 Million over Two Years, FY18 and FY19, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs)
From: City Manager
Recommendation: Adopt a Resolution:
1. Adopting recommendations #1a and #1b of the November 29, 2016 SSBPPE Commission report authorizing the City Manager to allocate $3 million from the General Fund to be disbursed in two (2) installments of $1.5 million in FY18 and $1.5 million in FY19 and invested as follows:
a. Allocate up to 42.5% of the allocated funds to Berkeley Unified School District (BUSD) through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs for the period, July 1, 2017 to June 30, 2019; and 
b. Allocate at least 42.5% of the allocated funds through a RFP process managed by the Public Health Division (PHD) for grants to community-based organizations consistent with the SSBPPE’s goals to reduce the consumption of SSB and to address the effects of SSB consumption for the period, July 1, 2017 to June 30, 2019.

2. In place of SSBPPE Commission recommendation #2, authorize two new career positions in the Public Health Division (PHD) and associated operating expenses, funded by City General Fund:
a. Program Manager (Health Services Program Specialist) at 1.0 FTE
b. Health Data Analyst/Epidemiologist at 1.0 FTE
c. Program operating expenses
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

 Information Reports

 

34.

FY 2016 Year-End Results and FY 2017 First Quarter Budget Update
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

35.

Audit Response: General Fund Reserve Policy
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

36.

Condominium Conversion Program: Annual Report
From: City Manager
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

37.

Acton Courtyard Settlement with Equity Residential
From: City Manager
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

38.

Annual Investment Report: Fiscal Year Ended June 30, 2016
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300

 

39.

Referral Response: Standardize Finance Categories of Software and Exclusively Internet Companies
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300

 

40.

Status Report: Audit of Human Resources’ Merit-Based Hiring and Promotions System
From: City Manager
Contact: Sarah Reynoso, Human Resources, 981-6800

 

41.

Referral Response: Add Easily Accessible Language Translation on City Website
From: City Manager
Contact: Savita Chaudhary, Information Technology, 981-6500

 

42.

Referral Response: Implementing a Neighborhood Notification System for the City of Berkeley
From: City Manager
Contact: Savita Chaudhary, Information Technology, 981-6500

 

43.

goBerkeley Parking Management Program: Recommended Adjustments for January 1, 2017
From: City Manager
Contact: Phillip Harrington, Public Works, 981-6300

 

44.

Response from the BAAQMD Regarding the Assertions from a Constituent
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 November 17, 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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