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General Information
General Information

Regular Meeting eAgenda
September 12, 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, September 12, 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.  

  1. Pledge of Allegiance to the Flag 

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. 

 
 

Recess Items

 

1.

Contract: Access Information Management for Citywide Records Storage Services – Increase of Not to Exceed Amount
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the City Council recess to increase the not-to-exceed amount for the contract with Access Information Management (Access) for storage of citywide records by $40,000.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, 981-6900

 

2.

Reject All Bids and Negotiate in the Open Market for the South Cove Parking Lot and Restroom Project Specification No. 17-11127-C
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to reject all bids and direct staff to negotiate in the open market for the work associated with the South Cove Parking Lot and Restroom Project, Specification No. 17-11127-C.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

3.

Contract: SCI Consulting Group for Clean Stormwater Rate Study and Proposition 218-Complaint Process
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract with SCI Consulting Group for a stormwater rate study and balloting process in compliance with Proposition 218 in an amount not to exceed $230,000.
Financial Implications: Clean Storm Water Fund - $230,000
Contact: Phillip Harrington, Public Works, 981-6300

 

4.

Contract: SCI Consulting Group for Streetlight Rate Study and Balloting Process in Compliance with Proposition 218
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract with SCI Consulting Group in an amount not to exceed $160,000 to conduct a rate study and balloting process for the Streetlight Assessment Fund in compliance with Proposition 218.
Financial Implications: One Time Funding; Non-Grant - $160,000
Contact: Phillip Harrington, Public Works, 981-6300


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. 

 

 

 

 

5.

Referral Response: Berkeley Municipal Code Section 2.04.145 Amendment Related to Commissioners
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,565-N.S. amending Berkeley Municipal Code Chapter 2.04.145 to modify the requirements for affirming the residency status of City commissioners.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent – Worthington.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

 

6.

Authorizing City Manager Approval for Community Development Block Grant (CDBG) Community Facility Improvement Contracts Under $200,000; Amending BMC Chapter 7.18
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,566-N.S., by two-thirds vote of the Council, amending Chapter 7.18 of the Berkeley Municipal Code to authorize the City Manager to enter into and amend contracts of up to $200,000 with applicants recommended for funding by staff and the Housing Advisory Commission under the City’s Community Development Block Grant (CDBG) program for community facility improvements.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent – Worthington.
Financial Implications: See report 
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

7.

Amending the Sweatshop-Free Procurement Ordinance, B.M.C. 13.97
From: Commission on Labor
Recommendation: Adopt second reading of Ordinance No. 7,567-N.S. amending Berkeley Municipal Code Chapters 13.97.020 and 13.97.030 to reduce the current purchasing threshold of $1,000 to $0 for the Sweatshop-Free Procurement Ordinance No. 7,099-N.S.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent – Worthington.
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-5400

 

8.

Adopt an Ordinance Adding to the Berkeley Municipal Code Chapter 13.31 to Address the Affordable Housing Crisis in Berkeley and Increase the Usability of Programs that Subsidize Housing Cost for Low-Income Tenants
From: Councilmember Worthington
Recommendation: Adopt second reading of Ordinance No. 7,568-N.S. adding to the Berkeley municipal code chapter 13.31 to address the affordable housing crisis in Berkeley and increase the usability of programs that subsidize housing cost for low-income tenants.
First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent – Worthington.
Financial Implications: Staff time
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

9.

Emergency Standby Officers for the Mayor and Councilmembers
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 67,258-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

 

10.

Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 11, 2017 (regular), July 17, 2017 (special closed), July 18, 2017 (special), July 24, 2017 (special closed), and July 25, 2017 (regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

 

11.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 12, 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 - $3,148,751
Contact: Henry Oyekanmi, Finance, 981-7300

 

12.

Classification and Salary: Psychiatrist I/II/III and Side Letter of Agreement – SEIU Local 1021 Community Services Unit
From: City Manager
Recommendation: Adopt two Resolutions:
1. Amending Resolution No. 67,482-N.S., Classification and Salary Resolution for Service Employees International Union Local 1021, Community Services & Part-Time Recreation Leaders Association (SEIU Local 1021 CSU & PTRLA), to retitle the Psychiatrist III to Psychiatrist; to increase the monthly salary range of the classification to $14,007 - $20,694; and to abolish the classifications of Psychiatrist I and Psychiatrist II, effective September 12, 2017; and
2. Authorizing the City Manager to execute and implement a Side Letter of Agreement with SEIU Local 1021 CSU & PTRLA to modify Section 10 (Salaries) by adding sub-Section 10.22 to the Memorandum Agreement (MA) to provide educational incentive pay for required Board certifications, and to amend Section 18 (Vacation), sub-Section 18.10 of the MA, to include the Psychiatrist classification to be eligible for authorized annual vacation leave similar to other Mental Health classifications.
Financial Implications: See report
Contact: Sarah Reynoso, Human Resources, 981-6800

 

13.

Classification and Salary: Supervising Psychiatrist
From: City Manager
Recommendation: Adopt two Resolutions:
1. Amending Resolution No. 68,030-N.S., Classification and Salary Resolution for Unrepresented Employees to retitle the Psychiatrist Supervisor to Supervising Psychiatrist; and to increase the monthly salary range of the classification to $17,876 - $21,729; and
2. Amending Resolution No. 68,000-N.S., Unrepresented Employee Manual, Appendix, by adding Section 13.28 (Supervising Psychiatrist Board Certification Education Incentive Pay) to provide educational incentive pay for required Board certifications, effective September 12, 2017.
Financial Implications: See report
Contact: Sarah Reynoso, Human Resources, 981-6800

 

14.

Contract No. 9767 Amendment: AppleOne Employment Services for Temporary Staffing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9767 with AppleOne Employment Services for Temporary Staffing Services, increasing the amount by $200,000 for the period of October 1, 2017 through September 30, 2020, to a revised total contract amount not to exceed $350,000.
Financial Implications: See report
Contact: Sarah Reynoso, Human Resources, 981-6800

 

15.

SEIU Local 1021 Maintenance and Clerical Chapters and Unrepresented Employees
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 (SEIU Local 1021MC) related to the impact of requiring employees to share in the cost for retirement benefits; and
2. Extending similar provisions to Unrepresented, non-safety, miscellaneous benefitted employees in Units Z-1; Z-2; Z-3; Z-6; and Z-9.
Financial Implications: See report
Contact: Sarah Reynoso, Human Resources, 981-6800

 

16.

Unrepresented Employees – Amendment to Salary Resolution 68,030-N.S.
From: City Manager
Recommendation: Adopt a Resolution amending Classification and Salary Resolution for Unrepresented Employees, Resolution No. 68,030-N.S. to include classifications in Unit X-1 (Unrepresented Hourly Non-Career) and X-2 (Hourly) that were erroneously excluded.
Financial Implications: None
Contact: Sarah Reynoso, Human Resources, 981-6800

 

 

17.

Donation: Berkeley Echo Lake Camp Association (BELCA) Gift to Echo Lake Camp
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation of $4,995 from the Berkeley Echo Lake Camp Association (BELCA).
Financial Implications: $4,995 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

18.

Donation: Memorial Bench in the Rose Garden in Memory of Mark and Mina Hornor
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 from Jessamy Hornor, Eva Hornor, and Elsa Hornor (the Hornor Family) for a memorial bench to be placed in the Berkeley Rose Garden.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

19.

Amendments to BMC Chapter 12.26 Regarding Recreational Cannabis Businesses
From: City Manager
Recommendation: Adopt first reading of an Ordinance modifying Section 12.26.035 of the Berkeley Municipal Code to require City Council approval of zoning regulations, a licensing process, and standards for recreational cannabis businesses prior to approval of any such businesses.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

20.

 Expedited Electric Vehicle Charging Station Permitting, and Adding BMC Chapter 19.15
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adding Berkeley Municipal Code Chapter 19.15, to create an expedited, streamlined permitting process for electric vehicle charging stations, as mandated by State Assembly Bill No. 1236 (2015, Chiu) codified in Section 65850.7 of the California Government Code.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

21.

Contract: Pacific Trenchless, Inc. for Sanitary Sewer Rehabilitation on Ninth Street, Pardee Street, et al
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Ninth Street, Pardee Street, Beverly Place, California Street, King Street, Indian Rock Avenue, Posen Avenue, Neilson Street, Northside Avenue, Ordway Street, Gilman Street and Halkin Lane; accepting the bid of the lowest responsive and responsible bidder, Pacific Trenchless, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,905,177.
Financial Implications: Sanitary Sewer Operation - $1,905,177
Contact: Phillip Harrington, Public Works, 981-6300

 

22.

Contract: Team Ghilotti Inc. for South Cove East Parking Lot and Restroom Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for South Cove East Parking Lot and Restroom Project, Specification No. 17-11127-C; and 2. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Team Ghilotti, Inc., for the South Cove East Parking Lot and Restroom Project at the Berkeley Marina, in an amount not to exceed $1,605,000, and authorizing a 5% contingency in the amount of $80,250.
Financial Implications: Various Funds - $1,685,250
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

 

23.

Contract No. 9082B Amendment: Northgate Environmental Management, Inc. for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9082B with Northgate Environmental Management, Inc. for on-call environmental consulting services, increasing the current contract to $75,000 for a total contract amount not to exceed $184,500.
Financial Implications: Various Funds - $75,000
Contact: Phillip Harrington, Public Works, 981-6300

 

24.

Renaming the South Berkeley Senior Center
From: Commission on Aging
Recommendation: The Commission on Aging recommends that the Mayor and City Council rename the South Berkeley Senior Center to the Judge Henry Ramsey Jr. South Berkeley Senior Center.
Financial Implications: See report
Contact: Richard Castrillon, Commission Secretary, 981-5190

 

25.

Renaming South Berkeley Senior Center the Judge Henry Ramsey Jr. South Berkeley Senior Center
From: Public Works Commission
Recommendation: Adopt a Resolution renaming the South Berkeley Senior Center the Judge Henry Ramsey Jr. South Berkeley Senior Center.
Financial Implications: Minimal
Contact: Nisha Patel, Commission Secretary, 981-6300

 

26.

Recommendation to Endorse AB 74, SB 305, and AB 1157
From: Housing Advisory Commission
Recommendation: The Housing Advisory Commission (HAC) recommends to the Berkeley City Council the endorsement of Assembly Bill (AB) 74, Senate Bill (SB) 305, and AB 1157.
Financial Implications: None
Contact: Amy Davidson, Commission Secretary, 981-5400


Council Consent Items

 

 

27.

 Appoint Christine Schildt to the Berkeley Housing Authority Board
From: Mayor Arreguin
Recommendation:
Adopt a Resolution appointing Christine Schildt to serve a four-year term on the Berkeley Housing Authority Board of Commissioners.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

  

28.

 Oppose the National Defense Authorization Act
From: Mayor Arreguin and Councilmembers Harrison and Bartlett
 
Recommendation: Adopt a Resolution opposing S 1519 and HR 2810, the National Defense Authorization Act for Fiscal Year 2018. Send a Letter to Senators Dianne Feinstein and Kamala Harris.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

 

29.

 Support the City of Oakland’s Regional Public Bank Feasibility Study
From: Mayor Arreguin and Councilmembers Hahn, Harrison, and Bartlett
Recommendation:
Authorize $25,000 from the Finance Department Banking Fees budget to the City of Oakland to support their feasibility study of a regional public bank.
Financial Implications: $25,000
Contact: Jesse Arreguin, Mayor, 981-7100

 

30.

 Support the Shattuck-Adeline Greenway Visioning Project
From: Mayor Arreguin
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $2,000 from the Mayor’s Office and $500 per Councilmember, to Bike East Bay for the Shattuck-Adeline Greenway Visioning Project. Funds will be relinquished to the City’s General Fund for this purpose from the discretionary office budgets of Mayor Jesse Arreguín and any councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Funds - $2,000
Contact: Jesse Arreguin, Mayor, 981-7100

 

31.

 Berkeley Stands United Against Hate
From: Mayor Arreguin
Recommendation:
Adopt a Resolution endorsing the Berkeley Stands United Against Hate message.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

  

32.

Support for Secretary of State Alex Padilla’s Refusal to Provide Personal Data of Voters to the Presidential Advisory Commission on Election Integrity
From: Councilmembers Davila, Harrison, and Hahn
Recommendation: The City of Berkeley should release a letter stating our support for Secretary of State Alex Padilla’s refusal to provide personal identifiable data about California voters over to the newly-founded Presidential Advisory Commission on Election Integrity. This Committee threatens to disenfranchise immigrant, Latinx, Black, and low-income voters in federal elections under the guise of increasing the American people’s “confidence in the integrity” of our election process. The precipe for the founding of the Commission is the viewpoint that unfavorable votes can be removed by preventing unfavorable voter access to the polls. Rampant fascism is taking hold in our national policies under Donald Trump, and we must ensure our state remains safe and democratic, where Californians are free to cast a vote without intimidation, retaliation, or suppression.
Financial Implications: None
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

33.

 Voter Registration Forms in All City Buildings on Their Main Floors
From: Councilmembers Davila, Harrison, and Hahn
Recommendation:
Direct the City Manager to provide voter registration forms on the main floor of all designated city buildings that are open to the public and in all Community based organizations within the city limits. Community based organizations that are funded by the City of Berkeley will be required to pick up the voter registration forms from the City Clerk’s Office and that should be clearly stated in their respective contracts.
Financial Implications: None
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

 

34.

Referral to the Community Environmental Advisory Commission and the City Manager: Anti-Idling Ordinance
From: Councilmembers Bartlett, Harrison, and Davila
Recommendation: Refer to the Community Environmental Advisory Commission and the City Manager to explore developing an anti-idling ordinance.  The ordinance should limit vehicle engine idling when a vehicle is parked, stopped, or standing, including for the purpose of operating air conditioning equipment; and prohibit all unattended private passenger motor vehicles from idling. The ordinance should outline enforcement and citation procedures. The Commission and the City Manager should develop appropriate exceptions for commercial vehicles. Any funds received through enforcement of the ordinance should accrue to the General Fund to provide additional funding for sustainability efforts. The Community Environmental Advisory Commission and the City Manager should review the District of Columbia’s anti-idling regulations (attached to report) to aide in the development of the ordinance.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

 

35.

 Support AB 485 to Outlaw Puppy Mills, Send Letter in Support to Senator Skinner and Assemblymembers Thurmond, O’Donnell, and Dababneh
Revised materials 
From: Councilmembers Harrison, Droste, and Davila
Recommendation:
Adopt a Resolution supporting AB 485, which requires pet stores to only sell dogs, cats and rabbits that are spayed or neutered and are obtained from an animal shelter or rescue group. Send a letter from the Council to State Senator Nancy Skinner urging her to vote yes on AB 485 and letters to Assemblymembers Thurmond, O’Donnell, and Dababnah, thanking them for their yes vote and for introducing the bill, respectively.
Financial Implications: Minimal
Contact: Kate Harrison, Councilmember, District 4, 981-7140

  

36.

Support California AB 1320 to End the Use of Private Prisons
From: Councilmembers Worthington, Hahn, Harrison, and Davila
Recommendation: That the Council support California AB 1320 to end contracts with for-profit prisons and gradually remove state inmates from private prisons.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  

37.

 Referral to the Civic Arts Commission to Consider the Creation and Selection of a Flag for the City of Berkeley
From: Councilmember Worthington
Recommendation:
Refer to the Civic Arts Commission to select a flag for the City of Berkeley from submissions from the public.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

38.

 Adopt Resolution Protecting our Ocean and Coast from Offshore Drilling and Fracking
From: Councilmember Worthington
Recommendation:
That the Council adopt a Resolution protecting our ocean and coasts from offshore drilling and fracking as a show of the City of Berkeley’s support for protecting California’s ocean.
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. 

     
 
 

39.

Indoor Entertainment Fee Adjustment
Presentation
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, adopt a Resolution approving a revised Fire Department Fee Schedule adjusting the Indoor Entertainment Inspection fee from $93.50 to $196.00 per event; and establishing a reinspection fee of $98.00 per subsequent quarter hour when the venue fails the initial inspection; and rescinding Resolution No. 67,990-N.S.
Financial Implications: See report
Contact: David Brannigan, Fire, 981-3473

 

40.

 Conduct Public Hearing to Adopt a Resolution Affirming the Zoning Adjustment Board’s Decision to Approve Use Permit No. ZP2015-0087 Concerning 1310 Haskell Street
Attachment 9, Admin Rec - Pt 1
Attachment 9, Admin Rec - Pt 2
Attachment 9, Admin Rec - Pt 3
From: City Manager
Recommendation:
Conduct a Public Hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit No. ZP2015-0087 to demolish an existing single-family dwelling and accessory structure and construct three new detached, two-story dwellings totaling approximately 6,229 square feet, and dismissing the appeal.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

41.

Extend Residential Preferential Parking Permit Program on Sections of Grant Street, Edith Street, Whitney Street, Cedar Street, and Holly Street
From: City Manager
Recommendation: Conduct a Public Hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Sections 25C, 25E, 25M and 25N to add subsections that extend Residential Preferential Permit Parking on five city blocks.
Financial Implications: General Fund - $1,440
Contact: Phillip Harrington, Public Works, 981-6300

 


Action Calendar – Old Business 

 

 

42.

Contract Amendment: CalPERS Cost Share under Government Code Section 20516 for Employees Represented by the SEIU Local 1021 Maintenance and Clerical Chapters and Unrepresented Employees Group (Item continued from April 4, 2017.  Item contains revised materials.)
From: City Manager
Recommendation: 1. Adopt a Resolution of Intention to amend the City’s contract with the California Public Employees Retirement System (hereinafter “CalPERS”) to include a 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 Service Employees International Union (SEIU) Local 1021 Maintenance and Clerical Chapters (hereinafter “SEIU Local 1021MC”) and Unrepresented Employees Group.
2. Adopt first reading of an Ordinance 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 1021MC and Unrepresented Employees Group.
Financial Implications: See report
Contact: Sarah Reynoso, Human Resources, 981-6800

 

43a.

Automatic Door Openers in Multi-Unit Residential Buildings (Item continued from July 11, 2017)
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

 

43b.

Companion Report: Automatic Door Openers in Multi-Unit Residential Buildings (Item continued from July 11, 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

 

44.

 Referral to the Civic Arts Commission and City Manager to Identify All Funds Attributed to Festivals (Item continued from July 25, 2017)
From: Councilmembers Harrison, Hahn, and Davila
Recommendation: Request that the Civic Arts Commission and City Manager to provide a report identifying all City of Berkeley funds being attributed to festivals and develop a clear policy concerning insurance and permit waivers and providing City security for these events.
Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, 981-7140

 

45.

 Direct the City Manager to Draft an Ordinance to Waive Certain Fees for Berkeley Housing Trust Fund Projects and Send a Letter to BUSD Board of Education Requesting Consideration of a Waiver of School Facility Fees for Berkeley Housing Trust Fund Projects (Item continued from July 25, 2017.  Item contains revised materials.) 
From: Councilmembers Hahn and Harrison, and Mayor Arreguin
Recommendation:
1. Direct the City Manager to draft an ordinance establishing automatic waiver of certain administrative, permit, impact and other fees for projects receiving City of Berkeley Housing Trust Fund (HTF) monies and submit a draft within 90 days for Council approval.
Fee waivers shall apply to all HTF projects that have not yet been issued a building permit, and should include, but not be limited to:
a. Waiver of internal, staff-time-related permit, inspection, and other fees;
b. Waiver of mitigation, impact, and in-lieu fees.
c. Notwithstanding the above, fees to cover City “out of pocket” costs, fees passed-through to other agencies, and fees necessitated by CEQA should not be waived.
2. Direct the City Manager to send a letter to the BUSD Board of Education requesting consideration of an automatic waiver of BUSD School Facility Fees for projects receiving City of Berkeley Housing Trust Funds.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

46.

Expedited Review for Affordable Housing Projects (Item continued from July 25, 2017.  Item contains revised materials.)
From: Councilmembers Hahn, Davila, Bartlett, and Harrison
Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code Chapter 19.62, to automatically confer priority status and provide expedited review to affordable housing projects that receive City of Berkeley Housing Trust Fund monies.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

47.

 Refer Police Accountability Reforms to the City Manager, City Attorney, and Police Review Commission (Item continued from July 25, 2017.  Item contains revised materials.)
From: Councilmembers Worthington and Harrison
Recommendation: 1) Refer to the City Manager and City Attorney to review the report from the Center for Policing Equity (CPE) and recommendations from the Berkeley Police Review Commission (PRC) for short-term reforms. Direct that the City Manager and City Attorney report by December 12th, 2017 on the steps to be taken and progress to date.
2) Refer to the PRC to review the Oakland Ballot Measure LL and develop a similar full-fledged ballot measure to reform police accountability.
Financial Implications: Staff time 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

48a.

Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley (Item continued from July 25, 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

 

48b.

Companion Report: Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley (Item continued from July 25, 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, City Manager's Office, 981-7000

 

Action Calendar – New Business

 

 

49.

Adopt an Ordinance Equalizing Nudity Laws in Berkeley Between All Genders by Decriminalizing the Display of Female Nipples
From: Councilmember Worthington
Recommendation: Adopt an Ordinance eliminating the line in section 13.32.010 of Berkeley’s Municipal Code, which specifically targets women by criminalizing only the display of female breasts or “any portion of the breast at or below the areola thereof of any female person” in any place open to the public or any place visible from a place open to the public, while placing no such restriction upon males.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

50.

 Adopt an Ordinance Banning the Use of Live Animals as Prizes
From: Councilmember Worthington
Recommendation:
Adopt an ordinance banning the use of live animals as prizes or awards at fairs and/or by any other person, firm, or corporation whose main purpose is amusement and/or retail sales that do not specifically promote and support the proper care of live animals.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

51.

Amendments to Group Living Accommodations (GLA) Ordinance (No. 7445-NS) (Item continued from May 30, 2017)
From: Councilmember Worthington
Recommendation: That the Berkeley City Council respond to student concerns voiced by student leaders in the ASUC, by revising the GLA Ordinance to respond to the worsening housing crisis in Berkeley and promote a fair and equal treatment of students. Specifically, we recommend the removal of BMC 13.42.040D, which currently allows the city to remove bedrooms, the addition of a student non-discrimination clause, the amendment of 13.42.005B(3)a to allow three violations instead of two, and the amendment of 13.42.036C to ensure consistency with the Community Noise Ordinance.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 

Information Reports

 

52.

Berkeley Economic Dashboards
From: City Manager
Contact: Jordan Klein, Economic Development, 981-7530

 

53.

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

 

54.

LPC-NOD: 1905 Martin Luther King Jr. Way
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

55.

LPC-NOD: 1915 Fourth Street 
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

56.

LPC-NOD: 2030-32 Bancroft Way
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

57.

LPC-NOD: 2526-30 Shattuck Avenue
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

58.

LPC-NOD: 3228 Adeline Street
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

59.

2017 Disaster and Fire Safety Commission Work Plan
From: Disaster and Fire Safety Commission
Contact: Keith May, Commission Secretary, 981-3473

 

60.

LPC Requests Early Involvement in Measure T1-Funded Projects Affecting Historic Resources
From: Landmarks Preservation Commission
Contact: Fatema Crane, Commission Secretary, 981-7400

 

Public Comment – Items Not Listed on the Agenda  

Adjournments in memory of:

  1. Calvin Fong
  2. Bill Woodcock

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 981-6418 (V) or 981-6347 (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 August 31, 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.

Protests/Free Speech/Protocols 

  1. Rachel Lederman (2) / Farimah Brown 
  2. JP Massar / Farimah Brown 
  3. Donald Goldmacher 
  4. Steven Schuyler 
  5. Nancy Price 

Housing Issues 

  1. Diego Aguilar-Canabal (2) 
  2. Charlene Woodcock 
  3. Harry Brill 
  4. Avram Gur Arye (2) 
  5. Norma Harrison 

Urban Shield 

  1. Melissa Hafez (2) 
  2. Phoebe Sorgen (2) 

Facilities for Homeless 

  1. Richard Lee 
  2. Marilyn Simons 
  3. Tom Luce 
  4. Sheila Goldmacher 
  5. Margy Wilkinson 

Measure M Program and T1 Implementation Process 

  1. Public Works Commission 

SB 649 

  1. Soula Culver 

Lead Poisoning Prevention Presentation 

  1. Larry Brooks 

Reduce Sugar in Food 

  1. Vincent Casalaina 

BART Fares 

  1. Genevieve Wilson 

Willard Park 

  1. Nino DeCaro 

Community Choice Aggregation 

  1. Foothill Tax Payers Association 

Berkeley Considers Recommendation 

  1. Commission on Aging 

Selection of Planning Director 

  1. Berkeley Neighborhoods Council 

Cannabis Growing Facilities 

  1. Robert Abiad 

Crosswalk at San Pablo & Blake 

  1. Cynthia Hallett 

Medication Disposal Ordinance 

  1. Community Health Commission 

Tree Trimming on Woolsey 

  1. Dona Bretherick 

CalPERS Article 

  1. David Lerman 

Parking Concerns 

  1. Tree Fitzpatrick 
  2. Phillip Cha 

1155-1173 Hearst Street 

  1. Berkeley Neighborhoods Council 

Traffic Concerns at Hopkins and The Alameda 

  1. Margot Smith 

Apology 

  1. Norma Harrison 

Ordinance No. 7,460-N.S. 

  1. W.B.C. 

Betty Olds Memorial 

  1. Barbara Gilbert / Susan Wengraf 

Protect Children from Pesticides 

  1. Four form letters, submitted by David Anderson, Astrid Giese-Zimmer, Robert Blomberg, Arlene Baker

 

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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