General Information
General Information

 

Regular Meeting eAgenda
November 18, 2014

 

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, November 18, 2014

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

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: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  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.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. 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 Council Member 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 previously addressed that item during the Consent Calendar related public comment period.

1.   Lease Agreement: Moe's Flowers at 2446 Durant Avenue
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,380-N.S. authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj, dba Moe's Flowers, for an initial term of 5 years with an option to extend for two additional 5-year periods for the purpose of operating a retail flower store located at 2446 Durant Avenue in the Telegraph Channing Mall.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

2.   Lease Agreement: Mohammad Mohayedji DBA Moe’s Flowers for a Flower Stand and Storage Area at Telegraph Channing Mall
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,381-N.S. authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj, dba Moe's Flowers Shop, for the purpose of operating a retail flower stand and storage area at Telegraph Channing Mall. The lease is for an initial term of 5 years with an option to extend for two additional 5-year periods.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

3.   Lease Agreement: Michelle's Yogurt & Sweets at 2430 Durant Avenue
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,382-N.S. authorizing the City Manager to execute a lease agreement with Charles Lee, dba Michelle's Yogurt & Sweets, for an initial term of 5 years with an option to extend for two additional 5-year periods, located at 2430 Durant Avenue in the Telegraph Channing Mall.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

4.   Modifying Findings in BMC Section 23E.16.040, Alcoholic Beverages
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,383-N.S. modifying the findings for Berkeley Municipal Code Section 23E.16.040, Alcoholic Beverages.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

5.   Amendment: FY 2015 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2015 Annual Appropriations Ordinance No. 7,357–N.S. for fiscal year 2015 based upon recommended re-appropriation of committed FY 2014 funding and other adjustments authorized since July 1, 2014, in the amount of $52,984,910 (gross) and $48,838,985 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

6.   Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 7, 2014 (special and regular), October 21, 2014 (special and regular), and October 28, 2014 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

7.   Berkeley Tourism Business Improvement District Annual Report and Contract
From: City Manager
Recommendation: Adopt two Resolutions:
1.  Approving the Annual Report and preliminary budget for the Berkeley Tourism Business Improvement District (BTBID) for FY 2015 as recommended by the BTBID Owners' Association.
2.  Authorizing the City Manager to execute a sole source contract and any amendments with the Berkeley Convention and Visitors' Bureau, d.b.a. Visit Berkeley, for $248,212 of BTBID funds to support tourism marketing and promotion for the period of January 1, 2015 to June 30, 2015.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

8.   Revision of BMC 20.64.020 Alterations of Nonconforming Signs
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 20.64.020 to allow for alterations of nonconforming signs in cases where such alterations may facilitate preservation and maintenance.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

9.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on November 18, 2014
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 - $3,415,000
Contact: Christine Daniel, Finance, 981-7300

10.  Contract: First Alarm Security and Patrol, Inc. dba: First Security Services (FSS) for Citywide Security Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with First Security Services to provide Security services at various City locations and facilities for an amount not to exceed $1,297,110 for the period of January 1, 2015 through June 30, 2017 with the option to extend for two additional 1 year periods for a total of 5 years for a total not to exceed $2,334,798 subject to the City's annual budget appropriation process.
Financial Implications: Various Funds - $2,334,798
Contact: Henry Oyekanmi, Finance, 981-7300

11.  Contract: Freitas Landscape and Maintenance for Public and Private Property Abatement Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a three year contract with Freitas Landscape and Maintenance for the period of December 1, 2014 to November 30, 2017, in an amount not to exceed $15,000 for necessary abatement services related to public nuisance and/or an immediate and severe health hazard as determined by the Environmental Health Division.
Financial Implications: Various Funds - $15,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

12.  Contracts: Alameda County Housing and Community Development Department and Dorothy Day House for Winter Homeless Shelter Programs
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute resultant contracts and amendments with:
1.  Alameda County Housing and Community Development Department (ACHCD) in the amount of $60,000 to augment an existing contract with Bay Area Community Services (BACS) to expand outreach and engagement, case management and housing navigation services tied to clients served through the North County inclement weather homeless response ("North County Housing Connect Project"); and 
2.  Dorothy Day House (DDH) in the amount of $13,895 for expanded bed capacity at the Berkeley Emergency Storm Shelter (BESS).
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

13.  Donation: Trust Gift from Ms. Muriel Minnis from the Leona M. Brown Revocable Trust
From: City Manager
Recommendation: Adopt a Resolution accepting a $31,530 trust donation to the South Berkeley Senior Center for trips from Ms. Muriel Minnis and the Leona M. Brown Revocable Trust.
Financial Implications: $31,530.23 (Donation)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

14.  Oxford Retail - BEDI Loan Modifications
From: City Manager
Recommendation: Direct the City Manager to prepare and execute an amendment to the City's Brownfields Economic Development Initiative (BEDI) loan to the Oxford Plaza and David Brower Center projects which retroactively reduces the loan's interest rate to 0%.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

15.  Grant Application: America's Promise Alliance for a GradNation Community Summit Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply to the America's Promise Alliance for a GradNation Community Summit grant for up to $15,000 to convene a summit in FY 2015.
Financial Implications: $15,000 (Revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

16.  Funding Agreement:  Priority Development Area (PDA) Planning Grant for Adeline Corridor and South Shattuck
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a funding agreement and any amendments with the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) and accepting the $750,000 Priority Development Area (PDA) grant award from Cycle Six of the PDA Planning Program for the period of January 2015 to June 2017.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

17.  Contract: MIG for Professional Planning Services for the Adeline Corridor Specific Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manger to execute a contract and any amendments with MIG to perform professional planning services for the Adeline Corridor Specific Plan for an amount not to exceed $750,000 for the period January 1, 2015 to June 30, 2017.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

18.  Contract: Ecology Center for Community Choice Aggregation Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract with the Ecology Center for the period from January 1, 2015 through December 31, 2015 in the amount of $8,600 for education and outreach related to community choice aggregation.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

19.  Mills Act Contracts: 2506 Dwight Way, 2501 Telegraph Avenue, and 2509 Telegraph Avenue
From: City Manager
Recommendation: Adopt three Resolutions directing the City Manager to enter into Mills Act contracts for the properties located at 2506 Dwight Way, 2501 Telegraph Avenue, and 2509 Telegraph Avenue.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

20.  Revenue Grant: Urban Areas Security Initiative Grant Program (UASI) to Fund Acquisition of Specially Equipped Panel Van
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Department of Homeland Security Bay Area Urban Areas Security Initiative (UASI) Grant Program in the amount of $149,000, to fund the purchase of a Panel Van equipped with internal ballistic-grade steel panels, and ballistic grade windows.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900

21.  Lease Agreement: University Copy Service at 2425 Channing Way
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Choonghoon Lim and Dongwook Rhim dba University Copy Service, for an initial term of 5 years with an option to extend for 2 additional 5-year periods, located at 2425 Channing Way in the Telegraph Channing Mall.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

22.  Contract No. 9555 Amendment: Traffic Development Services for Electronic Traffic Calming Devices Replacement Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9555 with Traffic Development Services for the Electronic Traffic Calming Devices Replacement Project, increasing the contract amount by an additional $21,743 for a total contract amount not to exceed $200,000.
Financial Implications: Special Gas Tax Improvement Fund - $21,743
Contact: Andrew Clough, Public Works, 981-6300

23.  Expansion of Medical Cannabis Cultivation Beyond the Manufacturing (M) District
Presentation
From: Medical Cannabis Commission
Recommendation: Request the Planning Commission consider amending the Zoning Ordinance to allow for medical cannabis cultivation in zoning districts beyond the Manufacturing (M) District.
Financial Implications: See report
Contact: Elizabeth Greene, Commission Secretary, 981-7400

24.  Leave of Absence Request for Cameron Silverberg
From: Mental Health Commission
Recommendation: Approve a leave of absence for Cameron Silverberg from the Mental Health Commission for the period January 1, 2015 through March 31, 2015.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100

Council Consent Items

25.  Referral to the Commission of the Status of Women: Letter of Support for the Work of Anita Sarkeesian
From: Councilmembers Maio and Wengraf
Recommendation: Refer the issue to the Commission of the Status of Women of sending a letter of support to Anita Sarkeesian's organization Feminist Frequency, in support of her work, and her campaign against misogyny and the harassment of women.
Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110

26.  Urge the Federal Government to Provide Additional Aid to Stem Ebola Outbreak
From: Councilmember Moore
Recommendation: Adopt a Resolution urging President Obama and Congress to provide additional foreign aid to West African countries to contain the current Ebola outbreak.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

27.  Refer $3,000 to the FY 2015/2016 Budget Process for a Security Camera System for Berkeley Youth Alternatives
From: Councilmember Moore
Recommendation: Refer $3,000 to the FY 2015/2016 budget process for a security camera system for Berkeley Youth Alternatives.
Financial Implications: $3,000
Contact: Darryl Moore, Councilmember, District 2, 981-7120

28.  Refer $25,000 to the FY 2015/2016 and FY 2016/17 Biennial Budget Process, $50,000 Total, to Continue K to College Service in Berkeley
From: Councilmember Moore
Recommendation: Refers the following to the budget process:  A request for $25,000 for each year of the FY 2015/2016 and FY 2016/2017 biennial budget, a total of $50,000, for continued service of K to College in Berkeley.
Financial Implications: $25,000
Contact: Darryl Moore, Councilmember, District 2, 981-7120

29.  Measure D Panel of Experts
From: Councilmembers Capitelli and Maio
Recommendation: 
1.   The Mayor to establish a subcommittee of three Councilmembers to draft application for membership to a Panel of Experts. Two members of the Healthy Children’s Coalition shall advise the council subcommittee.
2.   This recommendation is conditioned upon the passage of measure D on the November 4, 2014 ballot.
Financial Implications: Minimal
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

30.  City Manager Referral: Implement the PayByPhone Parking Technology as Used by San Francisco and UC Berkeley
From: Councilmembers Worthington and Wozniak
Recommendation: Refer to the City Manager to examine the feasibility of implementing the PayByPhone parking technology as used by the City of San Francisco and UC Berkeley.
Financial Implications: $1,500
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining 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 Calendar – Appeals

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.

Comments from members of the public regarding appeals shall be limited to one minute per speaker.  Any person that addressed the Council during one of the seven-minute periods may not speak again during the public comment period on the appeal. Speakers may yield their time to one other speaker, however, no speaker shall have more than two minutes.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing.  Written reports shall be available for public review in the office of the City Clerk.

31.  Appeal: Imposition of Lien; Maxaco LLC, Property Owner of 3049 Adeline/1909 Essex Street, Berkeley CA
From: City Manager
Recommendation: Conduct a hearing and, upon its conclusion, adopt a Resolution rejecting the property owner's objection to the $26,600 in administrative fines issued for failure to comply with Notices of Violation and Orders to Correct dated January 7, 2013 and January16, 2013 at 3049 Adeline / 1909 Essex Street and allowing the special assessment lien to be recorded as written.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

32.  Appeal:  Imposition of Liens to Recover Housing Code Enforcement Fees at 2243 and 2245 Ashby Avenue
From: City Manager
Recommendation: Conduct a hearing and, upon its conclusion, adopt a Resolution denying the appeal of Dominion Associates LLC, owned by Kariv & Martha Zafrir (owner) and rejecting the objection to the proposed liens of $22,175 for unpaid Housing Code Enforcement (HCE) re-inspection fees and costs associated with the enforcement of housing code violations at the rental property located at 2243 and 2245 Ashby Avenue (APN 052-1580-013-00), and approving the special assessment liens on the property to be filed with the County of Alameda in order to collect the outstanding debt.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – Public Hearing

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.

33.  Public Hearing and Levying of Assessments in the Elmwood Business Improvement District for 2015
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, "the District", "the Elmwood BID" or "the BID") for 2015 and, if no majority protest exists, levy annual assessments in the District for calendar year 2015 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

34.  Public Hearing and Levying of Assessments in the Solano Avenue Business Improvement District for 2015
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, "the District", "the Solano BID" or "the BID") for 2015 and, if no majority protest exists, levy annual assessments in the District for calendar year 2015 to finance services and improvements and authorize a fiscal agency contract with Livable Berkeley for receipt and expenditure of District funds.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

35.  Fees for Medical Cannabis Dispensary Applications
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing two separate fees:  1.  A graduated fee schedule for Medical Cannabis Dispensary applications ranging from $878 for Round 1, $2,948 for consideration in Round 2, and $2,948 for consideration in Round 3.  An additional fee of $2,000 would be required in Round 2 for each additional location submitted with an application; and 2.  A fee of $71 for the Police Department review of the Live Scan criminal record reports.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

36.  Extend Residential Preferential Parking Permit Program on Four Streets
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25E and 25L of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on four (4) streets.
Financial Implications: General Fund - $3,341
Contact: Andrew Clough, Public Works, 981-6300

Action Calendar – Old Business

37.  City Manager Referral: Cell Phone Ordinance Referral to City Manager (Continued from October 28, 2014)
From: Councilmember Anderson
Recommendation: Refer to City Manager for the creation of an ordinance to have cell phone retailers give to consumers who purchase a phone, a factual, informational handout referring the user to their cell phone manufacturers' disclosure regarding the recommended separation distance for use against the body.
Financial Implications: See report
Contact: Max Anderson, Councilmember, District 3, 981-7130

 

Action Calendar – New Business

38.  Replace the Residential and Commercial Energy Conservation Ordinances, BMC Chapters 19.16 and 19.72, with a Building Energy Saving Ordinance, BMC Chapter 19.81
From: Energy Commission
Recommendation: 
1. Adopt first reading of an Ordinance repealing the Residential and Commercial Energy Conservation Ordinances (RECO and CECO), BMC Chapters 19.16 and 19.72, and adding the Building Energy Saving Ordinance, BMC Chapter 19.81.
2. Direct the City Manager to establish incentives for energy efficiency improvements equivalent to one-third of the property transfer tax, but no more than $3,000 per building, to encourage improvements in residential buildings.
Financial Implications: See report
Contact: Neal DeSnoo, Commission Secretary, 981-7400

39.  a. Update of the 5-Year Street Paving Plan for FY 2016
From: Public Works Commission
Recommendation:
Adopt a Resolution updating the City's 5-Year Street Paving Plan for FY 2016, including two new areas of green infrastructure.
Financial Implications: See report
Contact: Sean Rose, Commission Secretary, 981-6300

b. City Repaving Plan and Green Infrastructure
From: Community Environmental Advisory Commission
Recommendation:
Require the Department of Public Works to install an equivalent to one or more green infrastructure elements in every block of street that receives a paving or reconstruction treatment, except for minor repairs and slurry seals, beginning in 2016. Exceptions for streets where green infrastructure installations are infeasible shall require approval of the Public Works Commission as part of its approval of the five year paving plan.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

40.  a. Fuel Station Carbon Dioxide Labels
From: Community Environmental Advisory Commission
Recommendation:
Request that the City Manager draft an ordinance within the next three months, enforceable under Berkeley Codes, to require climate change labels at fuel dispensing facilities, in compliance with applicable laws. The draft ordinance should be submitted to Community Environmental Advisory Commission and Energy Commission for review.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

b. Fuel Station Carbon Dioxide Labels
From: Energy Commission
Recommendation:
Adopt a Resolution directing the City Manager to prepare an ordinance requiring climate change labels at fuel dispensing facilities.
Financial Implications: See report
Contact: Neal DeSnoo, Commission Secretary, 981-7400

41.  a. Centralize Services for Homeless Transition Age Youth
From: Homeless Commission
Recommendation:
Adopt a Resolution directing the City Manager to issue a Request For Proposals (RFP) for a centralized transition-age youth center, proposals to be submitted with other applications for funding for homeless services during the December 2014 funding cycle.  The RFP should state that substantial consideration should be given to applicants qualified to provide services to transition-age youth who provide evidence of measurable outcomes.
Financial Implications: See report
Contact: Andrew Wicker, Commission Secretary, 981-5400

b. Centralize Services for Transition Age Youth
From: City Manager
Recommendation:
Incorporate services for transition age youth (TAY) between the ages of 18 – 25 into the proposed Housing Crisis Resolution Center which was identified following a comprehensive analysis of current homeless services provided in Berkeley.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Council Action Items

42.  Future Development of the 4th Street Area
From: Councilmembers Maio and Capitelli
Recommendation: Request that the Planning Commission return to Council with possible options to ensure that future development of the 4th Street area is harmonious with the successful existing retail district.
Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110

Information Reports

43.  FY 2014 Year End Review and FY 2015 First Quarter Review
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

44.  Condominium Conversion Program - Annual Report
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

45.  Open Data Portal (ODP) Pilot: December 15, 2014 - June 30, 2015
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500

46.  LPC-NOD: 2503, 2509, 2511 Regent Street
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

47.  LPC-NOD: 1861-1877 Solano Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

48.  LPC-NOD: 1025 Ashby Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

Public Comment – Items Not Listed on the Agenda –

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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 http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@cityofberkeley.info

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials.  Please help the City respect these needs.

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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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 6, 2014.

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 18: Contract: Ecology Center for Community Choice Aggregation Outreach and Education
1.    Erica Etelson
2.    Asa Kamer
3.    Amy Kiser, on behalf of the Ecology Center

Item 38: Replace the Residential and Commercial Energy Conservation Ordinances, BMC Chapters 19.16 and 19.72, with a Building Energy Saving Ordinance, BMC Chapter 19.81
4.    Erica Etelson

Item 40: Fuel Station Carbon Dioxide Labels
5.    James Brooks

Ebola
6.    Sybil Hatch

Disaster Preparedness
7.    Antone Braga

Measure S Arguments
8.    League of Women Voters of Berkeley, Albany and Emeryville

CNA Newsletter
9.    Ted Edlin

Smokefree Ordinance
10. Carol Denney

Public Health Division Health Priorities
11. Community Health Commission

Taser Usage
12. Community Health Commission

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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