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General Information
General Information

Regular Meeting eAgenda
October 3, 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 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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AGENDA 

BERKELEY CITY COUNCIL MEETING 

Tuesday, October 3, 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.

Contract No. 10568 Amendment: Berkeley Food and Housing - The Hub and Flexible Housing Subsidy Pool
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to an existing contract with Berkeley Food and Housing Project to add $100,000 each year for two years, for a total not to exceed $3,712,320 in FY2018 plus $3,322,320 in FY2019 to expand the existing Hub operations to include the administration of the Flexible Housing Subsidy Pool, funded by Council with the adoption of the FY18-19 biennial budget.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

2.

Contract No. 8865F Amendment: Accela, Inc. for Professional Services to Implement Measure U1
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8865F with Accela, Inc., professional services increasing the amount by $100,000 for a total not to exceed $1,524,775 from December 12, 2011 to June 30, 2019.
Financial Implications: See report
Contact: Savita Chaudhary, Information Technology, 981-6500

 

3.

Contract No. 9499 Amendment: San Francisco Bay Area Rapid Transit (BART) District for Implementation of the Downtown Berkeley BART Plaza and Transit Area Improvement Project
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 9499, and authorizing additional expenditure of $267,857on the Downtown Berkeley BART Plaza and Transit Area Improvement Project to fund various upgrades requested by the City during the design process, including high-quality pavers and decorative streetlights, and authorizing the City Manager to amend the Cooperative Agreement with the San Francisco BART District for grant administration and project implementation. This amendment increases the not-to-exceed amount of the City’s direct funding contribution to the project to $1,211,857. All other provisions of this Agreement will remain unchanged.
Financial Implications: Various Funds - $267,857
Contact: Phillip Harrington, Public Works, 981-6300

 

4.

Renewal of the Elmwood Avenue BID for Calendar Year 2018
From: Elmwood Advisory Board
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council:  1) approve the Annual Report and preliminary budget for proposed improvements in the District for calendar year 2018; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2018; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for October 31, 2017.
Financial Implications: See report
Contact: Jordan Klein, Commission Secretary, 981-7530

 

5.

Renewal of the Solano Avenue BID for Calendar Year 2018
From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council:  1) approve the Annual Report and preliminary budget on proposed improvements in the District for calendar year 2018; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2018; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for October 31, 2017.
Financial Implications: See report
Contact: Jordan Klein, Commission Secretary, 981-7530

 

 
Council Consent Items

 

6.

Wheels for Meals Ride: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember, including $250 from Councilmember Hahn, to Meals on Wheels of Alameda County, for the 8th Annual Wheels for Meals Ride on Saturday, October 21, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmember Hahn and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $250
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

7.

 Request for Information Regarding Grant Writing Services from Specialized Grant Writing Firms
From: Councilmembers Hahn, Harrison, Davila, and Bartlett
Recommendation:
Refer to the City Manager to issue a request for information to explore grant writing services from specialized municipal grant-writing firms, and report back to Council.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150

 

Action Calendar

 

 

The public may comment on each item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again. 

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

Action items may be reordered at the discretion of the Chair with the consent of Council.


 

 

Action Calendar - Old Business

8.

General Fund Stability Reserve Usage Criteria (Continued from July 11, 2017. Item contains revised materials.)
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

 

9.

Lorin / Adeline Economic Development Plan (Item continued from July 25, 2017)
From: City Manager
Contact: Jordan Klein, Economic Development, 981-7530

 

 

Action Calendar – New Business

 

10.

 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
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,572-N.S. amending the City’s contract with CalPERS to provide the mandatory monthly employee contribution of 8.0% of salary as provided under Government Code Section 20516, applicable to all members (Miscellaneous employees, both Classic and New Members) represented by the SEIU Local 1021MC and Unrepresented Employees Group.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact:  Sarah Reynoso, Human Resources, 981-6800

 

11.

Health Impact Assessment of the Proposed Closure of Alta Bates
From: Community Health Commission
Recommendation: Adopt a Resolution supporting the preparation of a Health Impact Assessment, incorporating a proposed scope, and referring to the City Manager a request that the Public Health Division assist with (1) interagency arrangements such as contracting with the University of California, Berkeley, Alameda County, and/or another governmental entity or consultant(s) to conduct the Assessment, (2) sharing access to existing data for researchers conducting the HIA, and (3) supporting educational opportunities for community members.
Financial Implications: See report
Contact: Rebecca Day-Rodriguez, Commission Secretary, 981-5400

 

12a.

Porta-Potties for Poor Tour (aka First They Came for the Homeless)
From: Homeless Commission
Recommendation: That the Council develop a way to place a portable bathroom directly at the Poor Tour (aka First They Came for the Homeless) encampment site.
Financial Implications: See report
Contact: Peter Radu, Commission Secretary, 981-5400

 

12b.

 Companion Report: Porta-Potties for Poor Tour (aka First They Came for the Homeless)
From: City Manager
Recommendation:
Take no action on the Homeless Commission’s recommendation to place a public toilet directly at the First They Came for the Homeless encampment site, and instead adhere to the original action taken by Council on July 25, 2017, referring the development of a Neighborhood Public Toilet Policy to the City Manager.
Financial Implications: See reportContact: Paul Buddenhagen, Housing and Community Services, 981-5400

 

 

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 981-6418 (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. 

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 21, 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.

Item 12: Porta-Potties for Poor Tour (aka First They Came for the Homeless) 

  1. Dorothea Dorenz 
  2. Kelly Hammargren 

AB 726 

  1. Audrey Ichinose / Brandi Campbell 

Public Bank Feasibility Study 

  1. Sheila Goldmacher 

Poet Laureate of Berkeley 

  1. Rafael Jesus Gonzalez 

Fiscal Concerns 

  1. Barbara Gilbert 

Pepper Spray Use 

  1. Carol Denney 
  2. Tree Fitzpatrick 

Miscommunication 

  1. Tree Fitzpatrick 

Protests 

  1. Unknown 

  

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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