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General Information
General Information

Regular Meeting eAgenda
July 11, 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, July 11, 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.

Referral Response:  Healthy Default Beverages with Children’s Meals; Adding BMC Chapter 12.72
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,560-N.S. adding Berkeley Municipal Code (BMC) Chapter 12.72 to require that any food vendor that sells a children’s meal with a beverage included shall make the default beverage offered with the children’s meal either water or milk, with no added sweeteners.|
First Reading Vote: All Ayes.
Financial Implications: See report |
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

2.

Technical Corrections to the Zoning Ordinance, Amending Berkeley Municipal Code Sub-Titles 23D and 23E
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,561-N.S. amending Berkeley Municipal Code Sub-Titles 23D and 23E to make non-substantive, technical corrections to the Zoning Ordinance.|
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

3.

 Changes to Affordable Housing Mitigation Fee; Amending Berkeley Municipal Code Section 22.20.065
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,562-N.S. amending BMC Section 22.20.065 related to the Affordable Housing Mitigation Fee.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Worthington, Arreguin; Noes – None; Abstain - Droste; Absent – None
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

 

4.

FY 2018 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,563-N.S. adopting the FY 2018 Annual Appropriations Ordinance (AAO) in the amount of $476,396,570 (gross appropriations) and $424,590,046 (net appropriations).
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

 

5.

Housing Trust Fund Recommendation – Harper Crossing
From: City Manager
Recommendation: Adopt a Resolution:  1) Approving a Housing Trust Fund (HTF) reservation for Satellite Affordable Housing Associates’ Harper Crossing in the amount of $285,464, and 2) Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

6.

Housing Trust Fund Recommendation – Northern California Land Trust (NCLT) Scattered Site Rehabilitation
Supplemental materials
From: City Manager
Recommendation: Adopt a Resolution reserving funds for Northern California Land Trust’s Scattered Sites rehabilitation, specifically by: 1. Waiving Section III.A.1 of the Housing Trust Fund (HTF) Guidelines and accepting NCLT as an eligible developer despite its lack of recent experience. 2. Adopting a finding that a City subsidy in excess of 40% of total development costs is justified by the nature of Northern California Land Trust’s Scattered Site Rehab and unavailability of alternative funding, as required by the HTF Guidelines, Section V.B.7.  3. Approving a HTF reservation for Northern California Land Trust’s Scattered Site Rehab project, in the amount of $569,692. 4. Authorizing City Manager to refinance the Scattered Site Rehab properties’ outstanding HTF loans, with a combined balance currently estimated at $695,000, into the new development loan with terms consistent with the HTF Guidelines. 5. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate these actions. 6. Recommending that Council recommend to the Northern California Land Trust that the organization move towards establishing a Board of Directors’ structure consistent with current community land trust model standards.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

7.

Classification and Salary: Homeless Services Coordinator
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 67,484-N.S. Classification and Salary Resolution for Public Employees Union - Local One, to establish the classification of Homeless Services Coordinator with a monthly salary range of $8,200 - $9,915 effective July 11, 2017.
Financial Implications: See report
Contact: Sarah Reynoso, Human Resources, 981-6800

 

8.

Contract: AMS.NET for Network Equipment and Maintenance
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with AMS.NET, Inc. for network hardware, support, and maintenance, for a total not to exceed $455,335 from July 1, 2017 to June 30, 2020.
Financial Implications: Capital Improvement Fund - $455,335
Contact: Savita Chaudhary, Information Technology, 981-6500

 

9.

Contract No. 10522 Amendment: Redwood Engineering Construction for Willard Park Play Area and Pathway Renovations Project
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10522 with Redwood Engineering Construction for the Willard Park Play Area and Pathway Renovation project, increasing the amount by $115,000 for an amended total amount not to exceed $417,400.
Financial Implications: Parks Tax Fund - $417,400
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

10.

Contract No. 9044 Amendment: Building Opportunities for Self Sufficiency (BOSS)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9044 with Building Opportunities for Self Sufficiency for leaf and litter abatement services increasing the contract amount by $120,000 for a total not to exceed $1,722,500.
Financial Implications: Zero Waste Fund - $120,000
Contact: Phillip Harrington, Public Works, 981-6300

 

11.

Contract No. 9488B Amendment: Berry Brothers Towing for Towing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9488B with Berry Brothers Towing to provide towing services for Department of Public Works Equipment Maintenance, increasing the contract amount $20,000 for an amended total not to exceed of $110,000.
Financial Implications: Equipment Maintenance Fund - $20,000
Contact: Phillip Harrington, Public Works, 981-6300

 

12.

Contract No. 9730A Amendment: Fairbanks Scales, Inc.
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9730A with Fairbanks Scales, Inc. for preventative maintenance and repairs on various scales at the City’s Solid Waste Management and Transfer Station, increasing the contract amount by $50,000 for a total contract amount not to exceed $140,000, and extending the term of the contract to June 30, 2019.
Financial Implications: Zero Waste Fund - $50,000
Contact: Phillip Harrington, Public Works, 981-6300

 

13.

Contract No. 9977 Amendment: Portable Computer Systems dba PCS Mobile to Purchase 15 Automated License Plate Recognition (ALPR) Units
Presentation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9977 with Portable Computer Systems dba PCS Mobile to purchase fifteen additional Automated License Plate Recognition units to increase parking enforcement operations capacity and effectiveness, and increasing the total $1,200,000 for a new amount not to exceed $1,650,000, and extending the term from May 30, 2020 to June 30, 2022.
Financial Implications: Parking Meter Fund - $1,200,000
Contact: Phillip Harrington, Public Works, 981-6300

 

14.

Contract No. 10472 Amendments: ELS Architecture & Urban Design and Contract No. 10464 Noll & Tam Architects: On-Call Architectural Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to the following contracts for on-call architectural services for a combined total of $2,000,000 as follows:
1. ELS Architecture and Urban Design, Contract No. 10472, increasing the contract amount by $1,000,000, for a total not-to-exceed amount of $1,500,000 and extending the contract period through June 30, 2019;
2. Noll & Tam Architects, Contract No. 10464, increasing the contract amount by $1,000,000, for a total not-to-exceed amount of $1,500,000 and extending the contract period through June 30, 2019.
Financial Implications: Various Funds - $2,000,000
Contact: Phillip Harrington, Public Works, 981-6300

 

15.

Contract: Chrisp Company for Roadway Thermoplastic Markings
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Roadway Thermoplastic Markings Project, 16-11078-C; and authorizing the City Manager to execute a five year contract period from July 1, 2017 through June 30, 2022, and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications with Chrisp Company in an amount not to exceed $1,250,000.
Financial Implications: Various Funds - $1,250,000
Contact: Phillip Harrington, Public Works, 981-6300

 

16.

Contract: Clean Harbors, Inc. for Hazardous Waste Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Clean Harbors, Inc. for hazardous waste management, removal, and disposal services for the City of Berkeley in an amount not-to-exceed $150,000 for the period August 1, 2017 through June 30, 2020.
Financial Implications: Various Funds - $150,000
Contact: Phillip Harrington, Public Works, 981-6300

 

17.

Mitigating Impacts of Outdoor Air Quality on Indoor Air Quality in Berkeley
From: Community Environmental Advisory Commission
Recommendation: Direct the City Manager to request the Planning Commission use the analyses presented here, and the draft provided in Appendix II, to create new Standard Conditions of Approval (SCA) for new building construction near major sources of air pollution, to achieve an acceptable level of indoor air quality (IAQ) for sensitive receptors. Total spending for required IAQ mitigations shall be at 1-2% of estimated total project costs.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

 

18.

Ending Tax Breaks for Private Prisons Act
From: Peace and Justice Commission
Recommendation: Adopt a Resolution: 1. Directing the City Clerk to send a letter to Rep. Devin Nunes (R-CA) of the Joint Committee on Taxation with copies to all members of the Congressional Joint Committee on Taxation, and the Senate Finance Committee calling on Congress to pass the “Ending Tax Breaks for Private Prisons Act;” and 2. Having the Council of the City of Berkeley sign the MoveOn.org online petition telling congress to end private prison tax breaks.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5400

 

Council Consent Items

 

19.

Vitality of University Avenue
From: Councilmembers Maio, Davila, and Harrison
Recommendation: Refer to the City Manager and Economic Development to analyze storefront vacancies on University Avenue and make recommendations on how to create a more vibrant streetscape on our main boulevard.
Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110

 

20.

Support Oakland Public Defender Rodney Brooks’ Efforts to Keep In-Custody Arraignment Hearings in Oakland and Not Move Them to the East County Hall of Justice in Dublin
From: Councilmembers Davila and Harrison, and Mayor Arreguin
Recommendation: Send a letter from Berkeley City Council supporting Oakland Public Defender Rodney Brooks’ efforts to keep in-custody arraignment hearings in Oakland and not move them to the East County Hall of Justice in Dublin.
Financial Implications: None
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

21.

Referral to the Community Environmental Advisory Commission: Cigarette Butt Pollution Prevention Program in South Berkeley
Revised materials
From: Councilmembers Bartlett and Harrison
Recommendation: Refer to the Community Environmental Commission (CEAC) to consider developing a Cigarette Butt Pollution Prevention Program for South Berkeley. Explore the following items:  a) Location. Work with the local business associations, business owners, as well as other neighborhood and community organizations to identify key locations for cigarette butt receptacles. b) Operation. Work with local businesses to develop a system for cleanup and disposal of the contents of the receptacles. c) Cost. Identify any one-time costs associated with the program, including purchasing and installation of the receptacles. Identify any costs that should be set aside for maintenance. There should not be regular ongoing costs. CEAC should work with the businesses and neighborhoods to develop a community-based system to facilitate daily operations.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

22.

Support for AB 932 – Bill Giving San Francisco and San Diego Flexibility to Build Shelters and Transitional Housing for Unsheltered Homeless Residents
From: Councilmembers Bartlett, Hahn, and Davila
Recommendation: Recommend that the Berkeley City Council send a letter to Senator Nancy Skinner and Governor Jerry Brown urging them to support AB 932.
Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

23.

Support for SB 33: Bill Prohibiting Financial Institutions from Forcing Consumers to Give up Legal Rights when the Bank has Committed Intentional Fraud Against Them
From: Councilmembers Bartlett, Hahn, and Davila
Recommendation: Recommend that the Berkeley City Council send a letter to Assemblymember Tony Thurmond, and Governor Jerry Brown urging them to support SB 33.
Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

24.

Support of AB 214: Postsecondary Education, Student Hunger
Revised materials
From: Councilmembers Harrison, Hahn, Davila, and Bartlett
Recommendation: Adopt a Resolution supporting AB 214 Postsecondary Education, Student Hunger, an act to reduce hunger and homelessness in college students in California, and sending a copy of the resolution to Governor Jerry Brown, and Assemblymembers Lorena Gonzalez Fletcher (Appropriations Chair), Frank Bigelow (Vice Chair), Richard Bloom, Raul Bocanegra, Rob Bonta, William Brough, Ian Calderon, Ed Chau, Susan Talamantes Eggman, Vince Fong, Laura Friedman, James Gallagher, Eduardo Garcia, and Adam Gray.
Financial Implications: Minimal
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

25.

 Adopt a Resolution Approving the Allocation of $3,131,651 in Predevelopment from the Housing Trust Fund for the Berkeley Way Project
Revised materials 
Supplemental materials
Supplemental materials 
From: Councilmembers Worthington, Harrison, Hahn, and Mayor Arreguin
Recommendation:
That the Council adopts a Resolution to approve the allocation of $3,131,651 in Housing Trust Funds for the predevelopment of BRIDGE Housing Corporation and Berkeley Food and Housing Project’s Berkeley Way project, in compliance with the Housing Advisory Commission’s recommendation, scheduled to be voted on July 6, 2017.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

26.

 Support California AB 395 to Protect Internet Privacy 
Revised materials
From: Councilmember Worthington
Recommendation:
That the Council support California Assembly Bill 395 (AB 395) in its aim to protect the internet security and privacy of Californians.
Financial Implications: See report 
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.

     

 

27.

Amending the Berkeley Election Reform Act to Implement Public Financing
Presentation
From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance amending Berkeley Municipal Code 2.12 to make changes to facilitate the implementation of the Berkeley Fair Elections Act of 2016 by a vote of not less than two-third of the City Council, in accordance with procedure for amending the Berkeley Election Reform Act set forth in Berkeley Municipal Code 2.12.051.A.
Financial Implications: See report
Contact: Jessica Mar, Commission Secretary, 981-6950

 

Action Calendar – Old Business

 

28a.

Automatic Door Openers in Multi-Unit Residential Buildings (Continued from May 30, 2017)
Supplemental materials
From: Commission on Disability
Recommendation: Adopt a Resolution requiring: all new construction of multi-unit residential buildings (four or more units) with a common entryway in the City of Berkeley to include automatic door openers; significant remodeling or conversion of residential multi-unit buildings with four or more units and a common entryway to include automatic door openers; and owners of existing multi-unit residential buildings (four or more units) with a common entryway must install automatic door openers at the request of a resident.
Financial Implications: Unknown
Contact: Ella Callow, Commission Secretary, 981-6300

 

28b.

Companion Report: Automatic Door Openers in Multi-Unit Residential Buildings (Continued from May 30, 2017)
From: City Manager
Recommendation: The City Manager recommends the City Council evaluate the resolution requested by the Commission on Disability as an amendment to BMC § 19.28.010. If Council agrees with the substantive recommendations in the Commission on Disability (CoD) report entitled “Recommendations to Require Inclusion of Automatic Door Openers in Residential Buildings with Four or More Units and a Common Entryway,” the City Manager recommends Council consider a stand-alone ordinance (similar to BMC § 19.80) that would  (1) limit the scope to privately owned buildings with four or more units and a common entryway; (2) not subsidize installation of automatic door openers by building owners/builders; (3) include language that limits the City’s responsibility to conduct inspections to ensure compliance; and (4) limit the City’s liability for torts related to automatic door openers that are installed.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

 

29.

Housing Accountability Act (Continued from June 13, 2017.  Item includes supplemental materials.)
From: City Manager 
Contact: Zach Cowan, City Attorney, 981-6950

 

30.

Amend BMC Sections 3.78.030, 040, and 050 Related to Commission Procedures (Continued from June 13, 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

 

31.

Ordinance to Ban the Sale of Fur in Berkeley; Adding BMC Chapter 9.22
From: Councilmember Worthington
(Continued from June 13, 2017)
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

 

32.

Support the Resilient Shoreline Program of Citizens for East Shore Parks (Continued from June 27, 2017)
Revised materials
From: Mayor Arreguin and Councilmembers Hahn, Wengraf, and Maio
Recommendation: Adopt a Resolution supporting the Resilient Shoreline Program of Citizens for East Shore Parks (CESP) to raise awareness about the detrimental effects of sea-level rise and promote resilient shoreline solutions. Additionally, refer to the mid-year budget process a contribution of $10,000 to participate in CESP’s Visualizing Sea-level Rise event in Berkeley.
Financial Implications: General Fund - $10,000
Contact: Jesse Arreguin, Mayor, 981-7100

 

33.

Expedited Review for Affordable Housing Projects (Continued from June 27, 2017. Item contains revised materials.)
Revised materials
Supplemental materials
From: Councilmembers Hahn, Davila, and Bartlett
Recommendation: 1. Refer to the City Manager the creation of an expedited review process for housing projects in which Affordable Housing units make up more than 20% of the proposed on-site units; and
2. Direct the City Manager to immediately confer priority status and offer expedited review to 100% Affordable projects, pending adoption of a more formal and widely applicable expedited review process.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

34.

General Fund Stability Reserve Usage Criteria (Continued from June 27, 2017. Item contains revised materials.)
From: Councilmembers Droste, Wengraf, and Maio
Recommendation: Discuss the General Fund Stability Reserve Usage Policies described in the report and adopt policies such as those proposed, requiring a two-thirds vote of the City Council to amend them. Following recommendation from the City Manager, the City Council shall, from time to time, recognize and define “essential services”, “appropriate levels” of such services, and “extreme conditions”. Any draw-down of Stability Reserve funds shall coincide with the adoption of a plan to repay the dollar amount of the draw down. If adopting a repayment plan immediately is infeasible due to emergency circumstances, it shall be adopted no more than 3 months from the date of the withdrawal appropriation. The level of the Stability Reserve shall be restored as economic recovery occurs, consistent with the maintenance of essential services, with repayment to begin no more than 5 years from the date of withdrawal and be completed within 10 years from the date of withdrawal.
Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

35.

 Medical Cannabis Cultivation Ordinance Revisions (Continued from June 27, 2017. Item contains revised materials.) 
Presentation
Supplemental materials
Supplemental materials
Supplemental materials
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

 

36.

Analysis and Recommendations for the Pathways Project to Address Homelessness in Berkeley (Continued from June 27, 2017. Item contains revised materials.)
Presentation
Supplemental materials
From: City Manager
Recommendation: Prioritize funding decisions for proposed Pathways Project programs (an Encampment Resolution Team, a STAIR Center, a Bridge Living Community, and a Homeward Bound program) based on which homeless issue Council most wishes to address in Berkeley:
1. Fund an Encampment Resolution Team and a STAIR Center for an estimated $2.4 million in year one, plus $2.1 million annually thereafter, if Council most wishes to provide temporary respite for unsheltered homeless individuals with no dedicated housing exits.
2. Fund a Bridge Living Community and a Homeward Bound program for an estimated $2.6 million in year one, plus $2.4 million annually thereafter, if Council most wishes to house an estimated 100-120 homeless individuals per year, but add no new emergency respite programs.
3. Fund all four programs at an estimated $4.8 million in year one, and an estimated $4.3 million annually thereafter, if Council wishes to address both the goal of temporary respite and permanent housing concurrently.
All funding estimates include roughly $190,000 for 1 FTE in new City Staff time for program administration.
The City Manager recommends prioritizing a Bridge Living Community and associated rental subsidies and a Homeward Bound program.
Financial Implications: See report 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

37a.

Allocation of U1 Funds by the City Council (Continued from June 27, 2017)
From: Housing Advisory Commission
Recommendation: 1. As specified by Measure U1, the City Council shall receive and consider housing strategy recommendations from the Housing Advisory Commission prior to allocating any Measure U1 funds. 
2. When considering allocations for U1 funds, the City Council will make specific findings of how the spending meets the goals of Measure U1: improve housing affordability in Berkeley and protect residents from homelessness.
Financial Implications: See report
Contact: Amy Davidson, Commission Secretary, 981-5400

 

37b.

 Companion Report: Allocation of U1 Funds by the City Council (Continued from June 27, 2017)
From: City Manager
Recommendation: 1. Reaffirm that, as specified in Measure U1, the City Council shall receive and consider recommendations by the Housing Advisory Commission on funding and programs to increase affordable housing and protect Berkeley residents from homelessness, either annually or biannually. 2. Take no action with regard to committing to make findings that expenditures meet the goals of Measure U1.
Financial Implications: See report 
Contact: Jovan Grogan, Deputy City Manager, (510) 981-7000

 

38a.

 Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley (Continued from June 27, 2017)
From: Housing Advisory Commission
Recommendation: That the City Council not use U1 funds to backfill the Workers’ Compensation Fund for the acquisition of the properties located at 1001, 1007, and 1011 University Avenue, and 1925 Ninth Street, City of Berkeley.
Financial Implications: See report
Contact: Amy Davidson, Commission Secretary, 981-5400

 

38b.

 Companion Report: Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley (Continued from June 27, 2017)
From: City Manager
Recommendation:  Accept staff’s recommendation to use $4,730,815 of Measure U1 revenue over a 5 year period ($946,163 annually) to repay the Workers’ Compensation Fund for the acquisition of the properties located at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley.
Financial Implications: See report
Contact: Jovan Grogan, Deputy City Manager, (510) 981-7000

 
 

Action Calendar – New Business

 

39a.

International Symbol of Accessibility (ISA) Change for City Signage
From: Commission on Disability
Recommendation: Adopt a Resolution changing future signs indicating accessibility in Berkeley. The Berkeley Commission on Disability is recommending Council support a proposed change in signs that indicates accessibility.
Financial Implications: Minimal
Contact: Ella Callow, Commission Secretary, 981-6300

 

39b.

Companion Report: International Symbol of Accessibility (ISA) Change for City Signage
From: City Manager
Recommendation: Refer the item back to the Commission on Disability for further analysis regarding cost differences between the existing International Symbol of Accessibility signage and the recommended signage as well as specific vendors that currently provide the recommended signage to other municipalities.
Financial Implications: Unknown
Contact: Phillip Harrington, Public Works, 981-6300

 

Information Reports

 

40.

FY 2018 Civic Arts Grant Awards
From: City Manager
 
Contact: Jordan Klein, Economic Development, 981-7530

 

41.

FY 2017 Investment Report: Quarter Ended March 31, 2017
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300

 

42.

Status of City’s $6M Loan to the Ed Roberts Campus
From: City Manager
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

43.

Update on Retrofit Grants Program, Activities Funded by FEMA Hazard Mitigation Grant, and Status of the Soft Story Ordinance
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

44.

Status Report July 2017 - Audit of Equipment Replacement Reserve
From: City Manager
Contact: Phillip Harrington, Public Works, 981-6300

 

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 29, 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.

Restricting Flavored Tobacco Sales 

  1. Carol Denney 

Vegetables Growing in Shade 

  1. Diego Aguilar-Canabal 

Community Concerns 

  1. Nick Faber 

Housing and Climate Change 

  1. Cameron Scherer 

Thank You Letter 

  1. Berkeley Neighborhoods Council 

Housing and Zoning Suggestions 

  1. Berkeley Design Advocates 

Berkeley Animal Care Services Concerns 

  1. Jane Funk / Jovan Grogan 

Free Speech 

  1. Therese Fitzpatrick (2) 

Environmental Health Division Concerns 

  1. Leo Schwartz 

Bank Divestments 

  1. Sheila Goldmacher 

Berkeley Police Department Response to Protest 

  1. Rachel Lederman 

Bike Improvements for Repaving 

  1. Dave Campbell 

Berkeley Rose Garden 

  1. Annie Dillon 

Request for Certificate of Permissible Rent Level Form 

  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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