General Information
General Information

Regular Meeting eAgenda
October 29, 2013

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, October 29, 2013

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 name 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. Name 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.   Amendment to Berkeley Municipal Code Section 3.02.030 Regarding Appointments to the Design Review Commission
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,311-N.S. amending Berkeley Municipal Code Section 3.02.030 clarifying the rules for granting a leave of absence to a member of the Design Review Commission that was appointed by another commission.
First reading vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Moore, Bates.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

2.   Amendment: FY 2014 Annual Appropriations Ordinance
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending the FY 2014 Annual Appropriations Ordinance No. 7,303–N.S. for fiscal year 2014 based upon recommended re-appropriation of committed FY 2014 funding and other adjustments authorized since July 1, 2013, in the amount of $42,956,138 (gross) and $36,004,163 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

3.   Revised Conflict of Interest Code
From: City Manager
Recommendation:
Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 65,921-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

4.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on October 29, 2013
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 - $1,150,000
Contact: Robert Hicks, Finance, 981-7300

5.   Contract No. 7050E Amendment: Berkeley Food & Housing Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7050E with the Berkeley Food & Housing Project for operating costs for the Russell Street Residence supportive housing facility and to provide third party administration of Mental Health client funding supports and assistance to increase the amount by $53,000 for a total contract amount not to exceed $540,500 through June 30, 2014.
Financial Implications: Various Funds - $53,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

6.   Contract: Berkeley Unified School District for Nutrition Education at Qualifying Schools and Afterschool Programs
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an expenditure contract and any amendments or extensions with the Berkeley Unified School District for nutrition education at qualifying schools and afterschool programs in an amount not to exceed $100,000 for the period October 1, 2013 through September 30, 2014.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

7.   Contracts: On-Call Landscape Architecture and Project Development Services
From: City Manager
Recommendation:
Adopt six Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call landscape architecture services, each for a contract period from November 4, 2013 through November 1, 2016:
1.   Carducci & Associates, Inc. for an amount not to exceed $100,000
2.   Dillingham Associates for an amount not to exceed $100,000
3.   Hansen & McArdle for an amount not to exceed $100,000
4.   Harris Design for an amount not to exceed $100,000
5.   The Planning Center/DC&E for an amount not to exceed $100,000
6.   RHAA Landscape Architecture + Planning for an amount not to exceed $100,000
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

8.   Donation: Memorial Bench at Codornices Park
From: City Manager
Recommendation:
Adopt a Resolution accepting a cash donation in the amount of $3,400 from the family of Deena Glass for a memorial bench to be placed in Codornices Park.
Financial Implications: $3,400 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

9.   California Energy Commission Loan for Citywide LED Street Light Replacement
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Authorizing the City Manager to enter into a loan agreement with the California Energy Commission for up to $3.5 million, at a 1% interest rate for a 15 year term beginning approximately January 1, 2014 for replacement of high pressure sodium and metal halide street lights with light emitting diode (LED) fixtures; and 2.  Finding that the proposed project is categorically exempt from the California Environmental Quality Act under Section 15301.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

10.  Enable Off-Street Parking Rate Changes in goBerkeley Pilot Program
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 66,245-N.S. authorizing the City Manager to set hourly parking rates at City parking garages and lots in amounts up to $4 per hour to enable “First Hour Free” programs where justified within demand-responsive off-street parking in the goBerkeley Pilot Project Areas.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

11.  Additional 2013 Meeting for the Commission on the Status of Women
From: Commission on the Status of Women
Recommendation:
Approve an additional meeting in calendar year 2013 for the Commission on the Status of Women.
Financial Implications: General Fund - $220
Contact: Eric Brenman, Commission Secretary, 981-5114

Council Consent Items

12.  Berkeley Public Library Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to the Berkeley Public Library Foundation with funds relinquished to the City's General Fund for this purpose from the Discretionary Council Office Budgets of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $500
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

13.  City Sponsorship: "A Night in Berkeleywood"
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution sponsoring the first annual "A Night in Berkeleywood" event to be held March 2, 2014 at the Freight and Salvage Coffeehouse in collaboration with the Berkeley Downtown Association as a benefit for the Berkeley Film Foundation.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

14.  Update on Customer Service Improvement Initiative
From: Councilmember Wengraf
Recommendation:
Request that the City Manager return to the Council with an updated evaluation of the Customer Service Improvement Initiative established in 2009.
Financial Implications: Staff time
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

15.  City Manager Referral: Evaluate Implementation of Clean Water Program on the Euclid Avenue between Cedar Street and Hearst Avenue
From: Councilmembers Worthington and Wengraf
Recommendation:
Refer to the City Manager implementing the Clean Water Program, which includes regular street sweeping on the blocks of Euclid Avenue between Cedar Street and Hearst Avenue.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  Holocaust Remembrance Day Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmembers Worthington and Wengraf
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $400 per Councilmember to the Holocaust Remembrance Day Event with funds relinquished to the City's general fund for this purpose from Councilmember Kriss Worthington's and Councilmember Susan Wengraf's discretionary Council Office Budgets and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $400
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 – Appeal

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 appeal. Written reports shall be available for public review in the office of the City Clerk.
 

17.  ZAB Appeal: 2227 Dwight Way
Attachment 5 - Admin Record
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 13-10000018 to rebuild a fire-damaged, legal non-conforming six-unit apartment building to the same size, extent and configuration as previously existed.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

a. Appeal
1.    Luis Amezcua

b. Communications
1.   Andrew Cohn

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.

18.  General Plan Re-designation and Re-zone 1000 - 1010 Gilman
From: City Manager
Recommendation:
Conduct a Public Hearing for the purpose of considering an amendment to the General Plan re-designating a portion of a parcel, within the building at 1000 – 1010 Gilman (APN 060-235200100) from light industrial to commercial, and upon conclusion:
Consider the re-designation and re-zone of the portion of the parcel identified for the Public Hearing.
1.   Adopt a Resolution amending the Berkeley General Plan to re-designate a portion of the parcel with APN 060-235200100 from light industrial to commercial.
2.   Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23 (zoning), official zoning map, to rezone a portion of a parcel in west Berkeley from MU-LI to C-W.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
 

Action Calendar – Old Business

19.  Expedited Permit Processing for Targeted Retail Segments (Continued from October 15, 2013)
From: Councilmember Arreguin
Recommendation: Refer to the City Manager and Planning Commission changes to the Zoning Ordinance to expedite the permitting process by lowering the level of discretion from a Use Permit/Public Hearing to an Administrative Use Permit in commercial districts throughout the city, for the following targeted retail segments: a) 442 Furniture and home furnishings; b) 443 Electronics; c) 448 Clothing and accessories; d) 451 Sporting goods and bookstores; e) 452 Department stores; f) 4511 Grocery stores; g) 8412 Museums and Art Galleries.  In addition, explore changes to the Zoning Ordinance to allow an AUP for these target retail segments to be appealed directly to Council, rather than ZAB and then Council.  In the event there is an appeal this will help insure rapid resolution.  Establish a square footage limit for an AUP for these target retail segments be capped at 15,000 square feet.  That covers most of the existing retail spaces in the Downtown and other commercial districts, however would require an UP on large projects that may have significant community impact.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

20.  City Manager Referral: Inform the Public of Updates and Modifications to Council Agenda After the Completion of the Consent Calendar (Continued from October 1, 203)
From: Councilmember Worthington
Recommendation: City Manager Referral: That the Council inform the public of any updates or modifications to the Council agenda after the completion of the consent calendar.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 

Action Calendar – New Business

21.  a. Homeless Commission Site Visit Plan
From: Homeless Commission
Recommendation:
Adopt a Resolution allowing the Homeless Commission to conduct 18 visits to City-funded homeless services provider sites during calendar year 2014, in addition to the Commission's regular meetings, and pursuant to the site visit plan submitted as part of this report.
Financial Implications: Minimal costs
Contact: Andrew Wicker, Commission Secretary, 981-5418

      b. Commission Visits to Community Agencies
From: City Manager
Recommendation:
Adopt a Resolution authorizing the Homeless, Human Welfare and Community Action, Housing Advisory and Children Youth and Recreation Commissions to make two half-day visits to three community agencies applying for services funding, for a maximum of one hour each, every six months in the period between issuing Requests for Proposals.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

22.  City Manager Referral: Add Procedural Due Process to Appeal a Warning for the Second Response Ordinance
From: Councilmember Worthington
Recommendation:
Refer to the City Manager that the Second Response Ordinance (BMC Chapter 13.48) be amended to include procedural due process to appeal a warning consistent with the Fifth and the Fourteenth Amendment.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

23.  Establish an Annual City Manager Evaluation Policy
From: Councilmember Worthington
Recommendation:
Establish a policy to conduct an annual performance evaluation of the City Manager in order to ensure efficient city operations.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

24.  Investment Report: Quarter Ended June 30, 2013
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

25.  LPC-NOD: 2959 College Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

26.  LPC-NOD: 2201-05 Blake Street
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

27.  goBerkeley Pilot Program Parking Garage Rate Changes Effective December 2, 2013
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

28.  Rebuilding Berkeley Tuolumne Camp
From: Parks and Waterfront Commission
Contact: Roger Miller, Commission Secretary, 981-6704

29.  Berkeley Small Businesses
From: Councilmember Arreguin
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 

Public Comment – Including Items Not Listed on the Agenda –

Adjournment

       1.    Muriel Paley

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/video 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.

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 the civic center 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

 

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

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 October 17, 2013.

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.

Mercury Dental Amalgam
1.    Jenny Guy

Secondhand Smoke Regulations
2.    Carol Denney

Medical Cannabis Ordinance Revisions
3.    Chris Horgan

Garden Village Project
4.    Beverly Potter

Kayla Moore
5.    Berkeley Copwatch
 

 

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