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General Information
General Information

Regular Meeting eAgenda
June 13, 2017
                                                                                                                  Printer-friendly PDF* agenda 

  

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

Note:

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

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AGENDA 

BERKELEY CITY COUNCIL MEETING 

Tuesday, June 13, 2017 

6:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

 Jesse Arreguin, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Sophie Hahn

District 2 – Cheryl Davila

District 6 – Susan Wengraf

District 3 – Ben Bartlett

District 7 – Kriss Worthington

District 4 – Kate Harrison

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 the One-Percent for Public Art on Private Projects Ordinance, Chapter 23C.23 of the Berkeley Municipal Code
From: Councilmembers Harrison and Hahn
Recommendation: Adopt second reading of Ordinance No. 7,547-N.S. amending the One-Percent for Public Art on Private Projects Ordinance, Berkeley Municipal Code Chapter 23C.23, to eliminate the exemption in Section 23C.23.030 for Commercial Mixed Use District (C-MDU) projects exceeding 75 feet.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, 981-7170

 

2.

 Voting Delegates – League of California Cities Annual Conference
From: City Manager
Recommendation:
Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Friday, September 15, 2017, at the Sacramento Convention Center.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, 981-6900

 

3.

California Jazz Conservancy (Jazzschool Inc.) Loan Modification
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the outstanding loan agreement from the Citywide Loan Fund to the California Jazz Conservancy (formerly known as the Jazzschool Inc.) to modify the repayment schedule and extend the term of the loan.
Financial Implications: See report
Contact: Jordan Klein, Economic Development, 981-7530

 

4.

 FY 2018 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (Measure V1)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1604 (16.04 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

5.

 FY 2018 Special Tax Rate: Fund the Provision of Library Services (Measure V1)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2107 (21.07 cents) per square foot for dwelling units and $0.3186 (31.86 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300; Heidi Dolamore, Library, 981-6100

 

6.

 FY 2018 Tax Rate: Fund the Provision of Emergency Medical Services (Measure V1)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0366 (3.66 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

7.

 FY 2018 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.05396 (5.396 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.08165 (8.165 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300; Gil Dong, Fire, 981-3473

 

8.

 FY 2018 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure V1)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate for funding the provision of emergency services for the disabled at $0.01519 (1.519 cents) per square foot of improvements.
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, 981-7300

 

9.

 FY 2018 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0015%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

10.

 FY 2018 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0100%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

11.

 FY 2018 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
 
Recommendation: Adopt first reading of an Ordinance setting the FY 2018 tax rate for funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0220%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

12.

FY 2018 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2018 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure M, November 2016) at 0.0157%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

13.

 FY 2018 Tax Rate: Fund Disaster Fire Protection (Measure Q)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate for funding the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

14.

 FY 2018 Business License Tax on Large Non-Profits (Measure G)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2018 tax rate for Business License Tax on large non-profits at $0.5981 (59.81 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

15.

Temporary Appropriations FY 2018
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2017, until the effective date of the FY 2018 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300

 

16.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 13, 2017
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 - $1,400,000
Contact: Henry Oyekanmi, Finance, 981-7300

 

17.

Prioritizing BRIDGE’s Berkeley Way Project for Housing Trust Fund and Alameda County A1 Funds and Authorizing Issuance of a Request for Proposals
Revised materials
From: City Manager
Recommendation:
1. Adopt a Resolution:  a. Identifying BRIDGE Housing Corporation and Berkeley Food and Housing Project’s (BFHP) Berkeley Way project as the City’s first priority for Alameda County A1 (from the Berkeley set-aside and North County pool); b. Authorizing the City Manager to submit the Berkeley Way project to Alameda County for funding through the Berkeley set-aside of A1 funds; c. Identifying Berkeley Way as the City’s first priority for City Housing Trust Funds once funding recommendations for up to three projects currently under review are considered; d. Waiving Sections VI.A and VI.B of the Housing Trust Fund guidelines regarding competitive process for Berkeley Way; and e. Directing the City Manager to continue to work with BRIDGE, BFHP, and the Housing Advisory Commission to identify an effective funding strategy for Berkeley Way.
2. Direct the City Manager to release a Request for Proposals for affordable housing development projects with the goals of maximizing the City’s access to the competitive North County regional pool of A1 funds and identifying projects for the City to collaborate with for the State’s new No Place Like Home program, and waive Section VI.B.e of the HTF guidelines for this RFP process.
Financial Implications: See report 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

18.

 Contract No. 9880C Amendment: Jackson & Coker Locumtenens, LLC for Locums Tenens Psychiatric Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9880C to: (1) increase the expenditure contract by $225,100 to a total expenditure contract (not to exceed) $400,000 with Jackson & Coker Locumtenens, LLC, (J&C) for locums tenens psychiatric services for Berkeley Mental Health Clients; and (2) extend the term of the contract for a two (2) year period ending on June 30, 2019.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

19.

Contract: Bay Area Community Resources for the Placement of AmeriCorps Members
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an expenditure contract and any amendments or extensions thereto with Bay Area Community Resources in an amount not to exceed $72,000 for the period July 1, 2017 through June 30, 2018 for the placement of AmeriCorps interns at the Berkeley High School Health Center, the Berkeley Technology Academy Health Center, and the Ann Chandler Public Health Center.
Financial Implications: See report 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

20.

Side Letter of Agreement – SEIU Local 1021 Maintenance and Clerical Chapters
From: City Manager
Recommendation: Adopt two Resolutions:
1. Authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union Local 1021 Maintenance and Clerical Chapters to delay to December 31, 2017 the implementation of certain sub-sections in Section 11 (Salaries) and Section 43 (Public Employees’ Retirement System) of the Memorandum Agreement regarding employee pension contribution; and
2. Approving a new Classification and Salary Resolution for Representation Units D (Manual Operations); Representation Unit J (Para-professional Employees – Police Department); and Representation Unit K-1 (Career Non-confidential Office and Clerical Employees); and Representation Unit K-2 (Supervisory Clerical Employees) that implement the Side Letter of Agreement and rescinding Resolution No. 67,185-N.S.
Financial Implications: None
Contact: Sarah Reynoso, Human Resources, 981-6800

 

21.

 Unrepresented Employees: Amendment to Cost of Living Adjustment
From: City Manager
Recommendation: Adopt a new Classification and Salary Resolution for Unrepresented employees in Unit X-2 (Hourly employees) except daily rated camp classifications, Z-1 (Confidential and Executive Management Employees); Z-2 (Confidential Management Employees); Z-3 (Confidential Clerical Employees); Z-4 (non-benefited Legislative Analysts); Z-6 (benefited Legislative Analysts); and Z-9 (Unrepresented at-will positions in the Rent Stabilization Program), required by the delay to December 31, 2017, the June 4, 2017 implementation of certain sub-sections in Section 8.4 (Public Employees’ Retirement System) of the Unrepresented Employee Manual regarding employee pension contribution and rescind Resolution No. 67,237-N.S. and Resolution No. 67,339-N.S.
Financial Implications:  See report 
Contact: Sarah Reynoso, Human Resources, 981-6800

 

22.

Contract No. 10264A Amendment: ThirdWave Corporation for RapidWorkflow® Process Modeling (RWPM) Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10264A with ThirdWave Corporation for RapidWorkflow® Process Modeling (RWPM) Workshops for an amount not to exceed $26,250, and a total contract value not to exceed $255,403 from May 1, 2016 through June 30, 2019.
Financial Implications: Various Funds - $26,250
Contact: Savita Chaudhary, Information Technology, 981-6500

 

23.

Contract No. 9263A Amendment: SSP Data for Barracuda Backup with Cloud Storage
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9263A with SSP Data Products Inc. for the City’s Barracuda Backup Solution with Hosted Cloud Storage, increasing the amount by $99,970.46, for a total contract amount not to exceed $246,172.24 for the term May 15, 2013 through June 30, 2019.
Financial Implications: Capital Improvement Fund - $99,970.46
Contact: Savita Chaudhary, Information Technology, 981-6500

 

24.

Contract No. 9747A Amendment: MC Dean for Uninterrupted Power Supplies Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9747A with MC Dean, Inc. for Uninterrupted Power Supplies (UPS) Maintenance, increasing the amount by $60,216 for a total not to exceed $95,208 from July 1, 2014 to June 30, 2020.
Financial Implications: Capital Improvement Fund - $60,216
Contact: Savita Chaudhary, Information Technology, 981-6500

 

25.

Contract: Granicus, Inc. for Video Streaming Services
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Granicus, Inc. for providing hosting services to provide public access to live video streaming, podcasting, and on-demand archival video, for a total not to exceed $50,680 from July 1, 2017 to June 30, 2019.
Financial Implications: Various Funds - $50,680
Contact: Savita Chaudhary, Information Technology, 981-6500

 

26.

Contract No. 7167F Amendment: SunGard Public Sector Software License Maintenance and Support, AnalyticsNOW Enterprise Reporting and Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7167F with SunGard Public Sector for maintenance and support of the City’s FUND$ system, increasing the amount of the current contract by $177,652 for a total not to exceed $1,682,935 from July 1, 2006 through June 30, 2018.
Financial Implications: Various Funds - $177,652
Contact: Savita Chaudhary, Information Technology, 981-6500

 

27.

Contract No. 8318A Amendment: RouteSmart Technologies, Inc. Software License Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8318A with RouteSmart Technologies Inc. for software license maintenance and support of the RouteSmart software, increasing the amount of the current contract by $56,743 for a total not to exceed $210,743.00 from April 28, 2010 through June 30, 2020.
Financial Implications: Zero Waste Fund - $56,743
Contact: Savita Chaudhary, Information Technology, 981-6500

 

28.

 Contract No. 8432A Amendment: AMCS Resource Technology for Zero Waste Software Maintenance and Professional Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 8432A with AMCS Resource Technology, formerly PC Scale Inc., for continued software maintenance and support of the Public Works Department’s Zero Waste scale house, thereby increasing the contract amount by $44,184 for a total not to exceed of $216,282 from September 10, 2010 to June 30, 2020.
Financial Implications: Zero Waste Fund - $44,184
Contact: Savita Chaudhary, Information Technology, 981-6500

 

29.

 Contract: Gardeners’ Guild for Maintenance at Tom Bates Sports Complex and Gabe’s Sport Fields 
Presentation
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with the Gardeners’ Guild for operations and maintenance services at Tom Bates and Gabriel Catalfo (Gabe’s) Fields in an amount not to exceed $137,664 per year for a period of three years, beginning July 1, 2017, with two one-year options to extend for a total contract amount not to exceed $688,320.
Financial Implications: Sports Field (Vendor Operated) Fund - $137,664
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

30.

Contract No. 10339 Amendment: B Bros Construction for James Kenney Seismic Retrofit Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10339 with B Bros Construction for James Kenney Seismic Retrofit project, increasing the amount by $140,000 for an amended total amount not to exceed $2,429,600.
Financial Implications: Parks Tax Fund - $140,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

31.

Waiver of Annual Marina Berth Fees for Non-Profits
From: City Manager
Recommendation: Adopt a Resolution: 1. Affirming the determination by City staff and the Parks and Waterfront Commission that three non-profit organizations at the Berkeley Marina (Berkeley Racing Canoe Club, Cal Sailing Club, and The Pegasus Project) are in full compliance with all aspects of Resolution No. 66,544-N.S.; and 2. Approving the annual waiver of berth fees for the three groups for 2017.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

32.

 Energy Use Requirements for Medical Cannabis Cultivation; Amending BMC Section 12.25.080
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending the energy use requirements for cannabis cultivation locations (BMC Section 12.25.080: Energy Use).
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

33.

Regional Solar Electric Installation Program (Bay Area SunShares)
From: City Manager
Recommendation: Authorize the City Manager to execute a letter of commitment to the Business Council on Climate Change (BC3) to affirm the City of Berkeley’s participation in the Regional Solar Electric Installation Program (Bay Area SunShares).
Financial Implications: Minimal 
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

34.

Framework for Green Infrastructure Plan Development
From: City Manager
Recommendation: Adopt a Resolution approving the Framework for Green Infrastructure Plan Development (GI Plan Framework).
Financial Implications: Various Funds - $500,000
Contact: Phillip Harrington, Public Works, 981-6300

 

35.

FY 2018 Transportation Development Act Article 3 Fund Allocation
From: City Manager
Recommendation: Adopt a Resolution:  1. Authorizing the City Manager to: submit an allocation request to the Metropolitan Transportation Commission (MTC) prior to the June 27, 2017 deadline for $250,000 of FY 2018 Transportation Development Act (TDA) Article 3 funds for the Berkeley Pedestrian Master Plan Update; accept the funds; execute any resultant agreements and amendments; and authorize the implementation of the project, subject to securing the funds; and 2. Declaring that: the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Berkeley to carry out the project; the project has been reviewed by the Bicycle Advisory Committee (BAC) of the City of Berkeley; the City of Berkeley attests to the accuracy of and approves the statements in Attachment A to this resolution; and a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

36.

Contract: Empire Engineering and Construction for FY 2016 Low Impact Development (LID) Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the FY 2016 Low Impact Development Project, Specification No. 16-10993-C; and authorizing execution of a contract with Empire Engineering and Construction and any amendments, extensions, or change orders until completion of the project in accordance with approved plans and specifications, in an amount not to exceed $797,469.
Financial Implications: Measure M GO Streets & Water Improvement Fund - $797,469
Contact: Phillip Harrington, Public Works, 981-6300

 
 

Council Consent Items 

 

37.

Support of Energy Upgrade California
From: Mayor Arreguin and Councilmembers Hahn, Harrison, and Bartlett
Recommendation: Adopt a Resolution supporting Energy Upgrade California.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

   

38.

Adding Threat of Displacement of a Berkeley Resident to the Current Income Qualification Guidelines Which Would Place an Applicant in Priority Status for BMR (Below Market Rate) Units
From: Councilmembers Maio, Harrison, Hahn, and Bartlett
Recommendation: Refer to the City Manager adding to income qualification the status of pending displacement of a Berkeley resident or family, for priority eligibility for BMR units.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

39.

Replacement Mural for Center for Independent Living (CIL)
From: Councilmembers Maio and Davila
Recommendation: Request the Arts Commission to consider, with CIL representatives, potential locations and suggestions for a new mural to replace that which was at the CIL Telegraph site.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

40.

BAHIA Renovations: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $200 per councilmember, including $200 from Councilmember Maio, to the Bay Area Hispano Institute for Advancement, Inc. (BAHIA), on the occasion of their Grand Opening on Saturday, June 17, at 1pm (more information is available at http://www.bahiainc.com), with funds relinquished to the city’s General Fund for this purpose from the discretionary council office budget of Councilmember Maio and any other councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $200
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

41.

Support of Assembly Bill 1701 (Thurmond)
From: Councilmembers Maio, Hahn, and Bartlett
Recommendation: Support Assembly Bill 1701, which would hold a direct contractor jointly liable with a subcontractor for unpaid wages and benefits, and send letters expressing the City Council’s support to Assemblymember Tony Thurmond and the Senate Labor and Industrial Relations Committee.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

42.

Amendments to Housing Retention Program
Revised materials
From: Councilmembers Bartlett, Harrison, Davila, and Mayor Arreguin
Recommendation: Direct the City Manager to make the following changes to the City of Berkeley’s Housing Retention Program. Proposed changes would make the program more accessible for displaced tenants by amending eligibility requirements and documentation needed for application, as well as increasing the maximum amount of grants.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

43.

Direction to the Children, Youth, and Recreation Commission: Tackle the Summer Learning Loss for Elementary School Children
Revised materials
From: Councilmembers Bartlett and Davila
Recommendation: Direct the Children, Youth, and Recreation Commission to tackle the summer learning loss for low-income elementary children through:
1. Consolidation, Education, & Outreach as outlined in the report; and 2. Assessment & Policy Recommendations as outlined in the report.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

44.

Referral to the Energy Commission and the City Manager: Electric Vehicle Charging Ordinance
Revised materials
From: Councilmembers Bartlett and Harrison
Recommendation: Refer to the Energy Commission and the City Manager to develop an Electric Vehicle (EV) Charging Ordinance for the City of Berkeley.
The Ordinance shall consider the requirements outlined in the report for installation of electric vehicle charging infrastructure in all new buildings or buildings undergoing major alterations.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

45.

Referral to the City Manager to Provide a Bi-Annual Housing Pipeline Report 
From: Councilmembers Harrison, Hahn, Bartlett, and Davila
Recommendation: Direct the City Manager to provide a Bi-Annual Housing Pipeline Report. This report should include residential projects and details as outlined in the agenda report.  The report should indicate the total and proportion of Extremely Low Income, Very Low Income, Low Income, and Moderate Income for proposed and approved projects and display the progress made towards meeting the Regional Housing Needs Allocation (RHNA) goals set forth by ABAG (Association of Bay Area Governments).
Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

46.

Referral to the Commission on the Status of Women and the Labor Commission: Banning Prior Salary Considerations on Job Applications in the City of Berkeley
Revised materials
From: Councilmembers Hahn, Bartlett, and Davila
Recommendation: Refer to the Commission on the Status of Women and the Labor Commission the creation of an ordinance banning employers in the City of Berkeley, including the City of Berkeley, from considering current or past salary of an applicant in determining what salary to offer the applicant, and from asking applicants about their current or past salary.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

47.

Consideration of Universal Design Standards in City Projects
Revised materials
From: Councilmembers Hahn and Davila
Recommendation: Refer to the City Manager to make the consideration of Universal Design features an explicit and listed criteria for all projects undertaken by the city, including the many upcoming projects to be funded through Measure T1.
Financial Implications: Unknown
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

48.

 Proclamation to Honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month and Authorize City Manager to Fly the Rainbow Flag for the Month of June
From: Councilmember Worthington
Recommendation:
Adopt a proclamation to honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month in the City of Berkeley and authorize City Manager to fly the rainbow flag for all of June.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

49.

 City Sponsorship of a Screening of “Hate Man” Documentary at a City Park, Facility or Another Local Venue
From: Councilmembers Worthington and Harrison
Recommendation:
That the City co-sponsor a community screening of “Hate Man,” which is a short documentary celebrating the life and philosophy of a beloved Berkeley resident who passed away this April at age 80.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

50.

 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to San Francisco Lesbian-Gay-Bisexual-Transgender Pride Parade 
Revised materials
From: Councilmembers Worthington and Droste
Recommendation:
That the City of Berkeley officially co-sponsors San Francisco Pride; and Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember to support the Pacific Center with funds relinquished to the City’s General Fund so that the City of Berkeley be represented at the San Francisco Pride Parade on June 24 & 25 and for costs of having a contingent in the Parade from Councilmember Worthington’s discretionary Council Office Budget and any other Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

51.

Economic Feasibility Analysis for New Housing Development
Revised materials
From: Councilmember Droste
Recommendation: Recommend that the City Manager hire an independent third party consultant to conduct an economic feasibility analysis of the City of Berkeley and Berkeley Unified School District assessed fees on new housing development as well as the feasibility of inclusionary housing requirements. The economic feasibility analysis should recur every 2–2.5 years and/or concurrent with any proposed future increases to fees or inclusionary requirements, whichever occurs sooner.
To the extent practicable, the Economic Feasibility Analysis should take into consideration factors outlined in the report.  The Study should be completed and reported back to the City Council by November of 2017.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

52.

Save Orchard Lane Stairs/Friends of Piedmont Way: Relinquishment of Council Office Budget Funds and Grant of Such Funds
From: Councilmember Droste
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember, including $100 from Councilmember Droste, to the Save Orchard Lane Stairs/Friends of Piedmont Way with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Lori Droste and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $100
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. 

  

53.

 Changes to Affordable Housing Mitigation Fee; Amending Berkeley Municipal Code Section 22.20.065
Revised materials 
Supplemental materials
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion: 
1. Adopt first reading of an Ordinance amending BMC Section 22.20.065 as proposed by staff, as shown in Attachment 2; and 
2. Adopt a Resolution revising the Affordable Housing Mitigation Fee by eliminating the discount in the fee when it is paid at issuance of the certificate of occupancy pursuant to Berkeley Municipal Code Section 22.20.065 and adjusting the fee each two years for inflation by reference to the California Construction Cost Index (CCI), and rescinding Resolution Nos. 65,920-N.S. and 67,614-N.S., with changes proposed by staff, as shown in Attachment 5.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

 

54.

Fiscal Year 2018 and Fiscal Year 2019 Proposed Biennial Budget Public Hearing #3
Supplemental materials
From: City Manager
Recommendation:
Conduct a third public hearing regarding the FY 2018 and FY 2019 Proposed Biennial Budget.
Financial Implications: See FY 2018 and FY 2019 Proposed Biennial Budget
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

55.

ZAB Appeal: 2212 Tenth Street Use Permit No. ZP2016-0129
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
Presentation
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution dismissing the appeal and upholding the Zoning Adjustments Board decision to approve Use Permit No. ZP2016-0129 to (1) demolish an existing 1,080 square foot, single-family dwelling and an approximately 120 sq. ft. detached one-car garage, (2) construct two new detached, two-story dwellings totaling approximately 3,991 square feet with a reduced rear yard setback, and (3) increase the number of bedrooms on the site from two to eight.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

56.

Open Space In-Lieu Fee for New Downtown Buildings
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution setting the Open Space In-Lieu Fee for the Downtown Mixed-Use Zoning District at $196 per square foot of required on-site open space that is waived or reduced.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

Action Calendar – Old Business

 

57.

Amend BMC Sections 3.78.030, 040, and 050 Related to Commission Procedures (Continued from May 16, 2017)
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution requesting that the City Manager examine the addition of language to the Berkeley Municipal Code that clarifies aspects of the management of City of Berkeley commissions and the removal and appointment of commissioners.
Financial Implications: See report
Contact: Wing Wong, Commission Secretary, 981-5400

 

58.

Ordinance to Ban the Sale of Fur in Berkeley; Adding BMC Chapter 9.22 (Continued from May 16, 2017)
From: Councilmember Worthington
Recommendation: Adopt second reading of Ordinance No. 7,539-N.S. adding BMC Chapter 9.22 to eliminate the sale of fur apparel products in order to promote community awareness of animal welfare.
First Reading Vote:  Ayes - Maio, Davila, Bartlett, Hahn, Wengraf, Arreguin; Noes – Harrison, Worthington, Droste; Abstain – None; Absent – None.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

59.

 Housing Accountability Act (Continued from May 30, 2017.  Item includes supplemental material.)
Supplemental materials
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950

  

Action Calendar – New Business

 

60.

 Referral Response: Council Questions Regarding Medical Cannabis
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

61.

Medical Cannabis Cultivation Ordinance Revisions
From: City Manager
Recommendation: Consider the responses provided by the Planning Commission and Medical Cannabis Commission (MCC) to Council’s referral regarding the desired maximum number of Medical Cannabis Cultivation locations (Zoning Ordinance/BMC Section 23E.72.040.A) and give direction to staff regarding any recommended changes to the Zoning Ordinance.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

62a.

Funding Recommendation for Creation of Mental Health Peer Education Program (Mental and Emotional Education Team)
From: Youth Commission
Recommendation: Allocate joint (City of Berkeley and Berkeley Unified School District) funding totaling $92,778 to Berkeley Mental Health in order to create the Mental and Emotional Education Team (MEET) pilot program, modeled off of the Sexual Health Information From Teens (SHIFT) program, for implementation in the 2017-2018 school year at the Berkeley High School Health Center.
Financial Implications: See report
Contact: Ginsi Bryant, Commission Secretary, 981-6700

 

62b.

Companion Report:  Funding Recommendation for Creation of Mental Health Peer Education Program (Mental and Emotional Education Team)
From: City Manager
Recommendation: Refer the City of Berkeley Youth Commission's recommendations to the 2x2 Committee of the City Council and Board of Education.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

Information Reports

 

63.

Investment Report: Quarter Ended December 31, 2016
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300

 

64.

LPC - NOD: 2126 Center Street
Revised materials
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400


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. 

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

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 June 1, 2017.

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.

Item 53: Changes to Affordable Housing Mitigation Fee; Amending Berkeley Municipal Code Section 22.20.065

  1. Kelly Hammargren
  2. Tree Fitzpatrick
  3. Matt Regan, on behalf of Bay Area Council

Item 55: ZAB Appeal: 2212 Tenth Street Use Permit No. ZP2016-0129

  1. Adam Fuchs

Community Choice Contracts

  1. Josie Camacho, on behalf of the Alameda Labor Council

Urban Shield / Armored Van

  1. Abigail Surasky
  2. Rosemary Hardy
  3. David Coolidge
  4. Irene Forster
  5. Brenda Hillman

Attorney General’s Legal Opinion No. 17-108

  1. Diane Eisenberg

Board of Library Trustees

  1. John Doyle
  2. Liz Ruhland

Berkeley Pier

  1. Jim Thomas

Allston Way & California Street Intersection

  1. Cihan Tugal
  2. Jonathan Walden

Cell Antennae Policy

  1. Monique Webster

Adeline Corridor Proposal

  1. East Bay Forward

Holly Street Improvements

  1. Holly Street residents

Center for Policing Equity Report

  1. Police Review Commission

Safety Concerns

  1. Marilyn Sarig

Sanctuary Cities

  1. Hayward Unified School District Board of Education

Family Leave

  1. Patricia Hill

Housing Models for Homeless

  1. Avram Gur Arye (2)

Millennials

  1. Diego Aguilar-Canabal

Berkeley Animal Rights Center

  1. Wayne Hsiung

1524 University Avenue

  1. W.B.C.

1528 University Avenue

  1. W.B.C.

 

Supplemental Communications and Reports

Items received by the deadlines for submission will be compiled and distributed as follows.  If no items are received by the deadline, no supplemental packet will be compiled for said deadline.  

  • Supplemental Communications and Reports 1
    Available by 5:00 p.m. five days prior to the meeting.

  • Supplemental Communications and Reports 2
    Available by 5:00 p.m. the day of the meeting.

  • Supplemental Communications and Reports 3
    Available by 5:00 p.m. two days following the meeting.

 

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