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General Information
General Information

Regular Meeting eAgenda
November 28, 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, November 28, 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. Recognition of Tom Kelly 
  2. Recognition of Berkeley Humane 
  3. Recognition of Berkeley Fire Department/Berkeley Police Department Responders to North Bay Fires 

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.

Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 3, 2017 (special and regular), October 5, 2017 (special closed), October 10, 2017 (special), October 17, 2017 (special closed and regular), October 23, 2017 (special closed), and October 31 (regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

2.

Amendment: FY 2018 Annual Appropriations Ordinance
Supplemental materials
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2018 Annual Appropriations Ordinance No. 7,563–N.S. for fiscal year 2018 based upon recommended re-appropriation of committed FY 2017 funding and other adjustments authorized since July 1, 2017, in the amount of $89,531,404 (gross) and $73,807,317 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

3.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 28, 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 - $9,160,000
Contact: Henry Oyekanmi, Finance, 981-7300

4.

Purchase Orders: Interior Motions; Using U.S. Communities Government Purchasing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to provide spending authority for the purchase of Herman Miller, Inc. Office Products and related services from Interior Motions, utilizing pricing and contracts from the U.S. Communities Government Purchasing Alliance (U.S. Communities) for the Fiscal Year 2018 period of July 1, 2017 through June 30, 2018 for an amount not to exceed $200,000.
Financial Implications: Various Funds - $200,000
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

5.

 Revenue Agreement: Alameda County Behavioral Health Care Services for Mental Health Services for Transition Age Youth
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a revenue agreement with Alameda County Behavioral Health Care Services, and any amendments thereto, for outpatient mental health services to transition age youth in the amount of $604,971 for the term July 1, 2017 through June 30, 2018, and approving the designations as listed on the Alameda County Health Care Services CBO Community Agency Contract Signature Authorization form.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

6.

Revenue Grant Agreement: Funding Support from the California Department of Public Health
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to California Department of Public Health (California Healthcare, Research and Prevention Tobacco Tax Act of 2016 – Prop 56), Oral Health Program, to accept the grant, execute any resultant revenue agreement and amendments, and implement the project and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the following revenue agreement: California Department of Public Health, Oral Health Program, in the projected amount of $173,408 annually for Fiscal Years 2018, 2019, 2020, 2021, and 2022.
Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

7.

Audit Report: Measure GG: Fiscal Year 2016 Non-Personnel Expenditures Aligned with Taxpayer Intent
From: Auditor
Recommendation: Request that the City Manager report back by May 29, 2018, and every six months thereafter, regarding the status of recommendations until reported fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

Council Consent Items

 

8.

Alternate to City/UC/Student Relations Committee
From: Mayor Arreguin and Councilmember Worthington
Recommendation: Adopt a Resolution appointing Mayor Arreguin as the alternate to the City/UC/Student Relations Committee.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

9.

Excused Absence for Councilmember Susan Wengraf
From: Mayor Arreguin
Recommendation: Excuse Councilmember Susan Wengraf from the November 28, 2017 Council meeting as a result of attending City business.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

10.

Inaugural Resiliency Fair: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember, including $250 from Mayor Jesse Arreguín, to the Berkeley Adult School. 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 - $250
Contact: Jesse Arreguin, Mayor, 981-7100

11.

Reappointment of Dr. P. Robert Beatty to the Alameda County Mosquito Abatement District Board of Trustees
From: Mayor Arreguin
Recommendation: Adopt a Resolution reappointing Dr. P. Robert Beatty to the Board of Trustees of the Alameda County Abatement District for a two-year term ending on January 1, 2020.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100

12.

Budget Referral: Funding a Pedestrian-Activated Crosswalk Across Cedar on the Ohlone Greenway at Cedar Rose Park
From: Councilmember Maio
Recommendation: Refer to the budget process the funding of pedestrian-activated crosswalk across Cedar on the Ohlone Greenway at Cedar Rose Park.
Financial Implications: $100,000
Contact: Linda Maio, Councilmember, District 1, 981-7110

13.

Opposition to H.R. 38 and S. 446 (Concealed Carry Reciprocity)
From: Councilmembers Maio, Wengraf, Hahn, and Davila
Recommendation: Adopt a Resolution expressing the City of Berkeley’s strong opposition to H.R. 38, the Concealed Carry Reciprocity Act Of 2017, and S. 446, the Constitutional Concealed Carry Reciprocity Act Of 2017, which would force every state to recognize concealed carry permits by every other state, regardless of the permitting standards, or lack thereof, of that state.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

14.

Consider The Homeless: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Davila
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $150 from Councilmember Cheryl Davila, to Consider The Homeless! (CTH), for their 3rd Anniversary, Matinee Movie and Fundraiser presenting the Berkeley Premiere of the film "QUEEN MIMI" on December 3, 2017, with funds relinquished to the City's General Fund for the purpose from the discretionary Council Office Budgets of Councilmember Davila and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $150
Contact: Cheryl Davila, Councilmember, District 2, 981-7120

15.

Referral to the Disaster and Fire Safety Commission and the City Manager: Five Year Plan for Expanded Disaster Preparedness Services
Supplemental materials
From: Councilmember Bartlett
Recommendation:
Refer to the Disaster and Fire Safety Commission and the City Manager’s office to explore developing a five year plan for expanded disaster preparedness services.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

16.

Resilient Shoreline Program of Citizens for East Shore Parks
From: Councilmembers Bartlett and Harrison
Recommendation: Adopt a Resolution authorizing the expenditure of $250 from Councilmember Bartlett’s expense account to Support the Resilient Shoreline Program of Citizens for East Shore Parks.
Financial Implications: Councilmembers’ Discretionary Funds - $250
Contact: Ben Bartlett, Councilmember, District 3, 981-7130

17.

Letter to PG&E Regarding Maintenance
From: Councilmember Wengraf, Councilmember Hahn, Mayor Arreguin
Recommendation: Approve a letter to PG&E urging them to maintain the foliage around their powerlines so that there is no conflict between lines and foliage. This request complies with existing standards and aides fire prevention.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

18.

Endorsement of the 2018 Affordable Housing Act State Ballot Initiative
From: Councilmembers Worthington, Harrison, and Bartlett
Recommendation: That the Council encourages citizens to sign the 2018 Affordable Housing Act State ballot initiative and that the City of Berkeley endorses the Act.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

19.

Opposition to the Repealing of SB 1
From: Councilmembers Worthington and Hahn
Recommendation: That the City Council oppose the 2018 Initiative and Referendum that advocate for the repealing of SB 1 which ensures funding for state and local transportation projects.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

20.

Support for the 2018 ACA 5 State Ballot Measure
From: Councilmember Worthington
Recommendation: That the City Council endorses the 2018 ACA 5 State ballot measure and encourages citizens to support it, for the ballot measure would ensure that taxes on motor vehicles will be directed towards funding transportation-related projects.
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 – Old Business

21.

Referral Response: Bi-Annual Housing Pipeline Report (Continued from October 31, 2017.  Item contains revised materials.)
Presentation
Supplemental materials
From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400

 

22.

Implementation Plan for Affordable Housing Action Plan Referrals (Continued from November 14, 2017.  Item contains revised materials.)
Supplemental materials
From: City Manager
Recommendation: Adopt the attached interdepartmental implementation plan for Affordable Housing Action Plan referrals.
Financial Implications: None
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400, and Timothy Burroughs, Planning and Development, 981-7400

23.

FY 2017 Year-End Results and FY 2018 First Quarter Budget Update
Supplemental materials
From: City Manager
Recommendation: 1. Adopt a Resolution allocating the General Fund excess equity as follows: $1,930,415 to the General Fund Stability Reserve, $1,579,430 to the General Fund Catastrophic Reserve and incorporate additional allocations as amended by subsequent Council action. 2. Discuss and determine funding allocations based on the Mayor’s June 27, 2017, revised amendments to the FY 2018 & FY 2019 Biennial Budget and as amended by subsequent Council action.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

24a.

Recommendation for Audit and Legal Review of Measure GG Expenditures with Attention to Allocation of Measure GG Funds for Fire Department Overtime
Supplemental materials
From: Disaster and Fire Safety Commission
Recommendation: We recommend that City Council request from the City Auditor an audit of Measure GG expenditures specifically regarding the allocation of Measure GG funds for Fire Department overtime pay.  We additionally suggest a legal review by the City Attorney to determine if the decreasing budget for Fire Department overtime in the General Fund and the coordinated increase of Measure GG funds allocated to overtime pay is in compliance with Measure GG and State and Federal laws, and to provide corrective guidance if it is not.
Financial Implications: See report
Contact: Keith May, Commission Secretary, 981-3473

24b.

Companion Report: Recommendation for Audit and Legal Review of Measure GG Expenditures with Attention to Allocation of Measure GG Funds for Fire Department Overtime
From: City Manager
Recommendation: The City Manager agrees to have the City Attorney conduct a legal review of appropriate use of Measure GG funds. Also, refer to the budget process the allocation of General Fund and Measure GG funds to Fire Department overtime costs.
Financial Implications: None
Contact: David Brannigan, Fire, 981-3473

 

 Council Action Items

25.

 Adopt an Ordinance Amending BMC 12.27 to Allow Existing Berkeley Licensed Medical Cannabis Businesses Into the New State Adult Use Regulation and Taxation System
From: Councilmember Worthington, Mayor Arreguin, and Councilmembers Bartlett and Davila
Recommendation:
1. Temporary Authorization to allow existing Berkeley cannabis businesses to apply for state cannabis permits to expand their existing medical cannabis activities to include adult use. Temporary permission will expire once Berkeley establishes comprehensive policies.
2. Adopt first reading of an Ordinance to amend BMC 12.27 to allow existing Berkeley licensed medical cannabis businesses into the new state adult use regulation and taxation system.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

26.

Ministerial Approval of Zoning-Compliant Affordable Housing
Revised materials
Supplemental materials
Supplemental materials
From: Councilmembers Droste and Bartlett
Recommendation: Refer to the City Manager to amend the zoning ordinance to allow ministerial approval of zoning-compliant affordable housing with design review conducted by staff. “Affordable housing” should be defined as a project provided by one of the region’s nonprofit affordable housing developers (SAHA, Bridge, RCD, etc.)
Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, 981-7180

 

27.

Annual Investment Report: Fiscal Year Ended June 30, 2017
From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300

28.

Condominium Conversion Program – Annual Report
From: City Manager
Contact: 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 

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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 November 16, 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.

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