General Information
General Information

Regular Meeting eAgenda
December 17, 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: 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 17, 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.   FY 2014 Tax Rate: Business License Tax on Large Non-Profits
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,319-N.S. setting the FY 2014 tax rate for Business License Tax on large non-profits at $0.5330 (53.30 cents) per square foot of improvements.
First reading vote: All ayes.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

2.   City Council Redistricting Ordinance
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,320-N.S. created from the Berkeley Student District Campaign Plan adjusting the City Council district boundaries pursuant to Section 9, Article V of the Berkeley City Charter, to equalize population in the districts as a result of population changes reflected in the 2010 Decennial Federal Census.
First reading vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

3.   Tobacco Free Multi-Unit Housing Ordinance; Amending Berkeley Municipal Code Chapter 12.70
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,321-N.S. amending Berkeley Municipal Code Chapter 12.70 to prohibit smoking in all units of multi-unit residences and all common areas of multi-unit residences enforced by the City; to require that all leases for initial occupancy include a non-smoking clause; and to require landlords to offer voluntary non-smoking lease addenda to all existing leases. Proposed ordinance revisions also include routine cleanup language to aid enforcement in workplaces and to clarify that smoking is banned in all commercial zones.
First reading vote: All ayes.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

4.   Zoning Amendments for Homeless Shelters and Compliance with SB2
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,322-N.S. adding BMC Chapter 23C.10 and amending BMC Titles 23D and 23E, and Chapter 23F.10 as recommended by the Planning Commission containing zoning amendments that include: 1.  Year-round emergency homeless shelters allowed as-of-right in all commercial zoning districts, except the C-N (Neighborhood Commercial); 2.  Standards for new shelter facilities and operations;  3.  Revised definitions of Emergency Shelter, Transitional Housing, and Supportive Housing; and 4.  Winter season only shelters allowed in high-density residential districts.
First reading vote: All ayes.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

5.   Settlement of Freddia Smith v. City of Berkeley, ACSC No. RG 11 595053
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 11 595053 entitled Smith v. City of Berkeley, in the amount of $71,000.
Financial Implications: Public Liability Fund - $71,000
Contact: Zach Cowan, City Attorney, 981-6950

6.   Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of November 12, 2013 (special and regular) and November 19, 2013 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

7.   Emergency Standby Officers for the Mayor and Councilmembers
From: City Manager
Recommendation:
Adopt a Resolution confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 66,311-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

8.   Annual Commission Attendance and Meeting Frequency Report
From: City Manager
Recommendation:
Adopt a Resolution approving a revised commission meeting frequency schedule to add the Children, Youth, and Recreation Commission and the Parks and Waterfront Commission; to remove the Commission on Early Childhood Education, the Elmwood Advisory Board, the Parks and Recreation Commission, and the Waterfront Commission; and accept the annual attendance report.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

9.   Berkeley Tourism Business Improvement District Annual Report
From: City Manager
Recommendation:
Adopt two Resolutions:
1. Accepting the Berkeley Tourism Business Improvement District (BTBID) Owners' Association recommendation that Council approve the Annual Report and preliminary budget on proposed activities in the District for the PBID's FY 2014.
2. Authorizing the City Manager to execute a sole source contract and any amendments with Visit Berkeley for $455,000 of BTBID funds to support tourism marketing and promotion for the period of January 1, 2014 to December 31, 2014.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

10.  Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on December 17, 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 - $665,000
Contact: Robert Hicks, Finance, 981-7300

11.  Contract: DataProse Inc. for Bill Printing and Mailing Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a three year contract with DataProse to provide printing and mailing services for the period of July 1, 2013 through June 30, 2016 in the amount of $255,000, with the option for two 1-year extensions through June 30, 2018, for a total five year amount not to exceed $425,000 subject to the City's annual budget appropriation process.
Financial Implications: Various Funds - $425,000
Contact: Robert Hicks, Finance, 981-7300

12.  Second Option Agreement for 3135 Harper Street and Extension of Housing Trust Fund Reservations
From: City Manager
Recommendation:
Adopt a Resolution:  1.  Approving a Second Option Agreement between the City of Berkeley and Satellite AHA Development, Inc., related to the disposition and development of the City-owned property at 3135 Harper Street in Berkeley; and 2.  Extending the expiration date for the Housing Trust Fund reservation of $2,300,000 for 3135 Harper Street from December 31, 2013 to June 30, 2014; and  3.  Revising the date by which the alternate Housing Trust Fund reservations approved by Council in Resolution No. 65,962-N.S. are approved if financing for 3135 Harper Street is not secured from December 31, 2013 to June 30, 2014.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

13.  Donation: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation:
Adopt a Resolution accepting a $26,101 donation to the Berkeley Meals on Wheels Program from the Alameda County Meals on Wheels Agency.
Financial Implications: $26,101 (Donation)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

14.  Contract No. 4073D Amendment: Delta Dental Plan Rate Renewal
From: City Manager
Recommendation:
Adopt a Resolution amending Contract No. 4073D with Delta Dental Plan, approving a 0.0% increase in dental premiums for calendar year 2013, a 2.45% increase for calendar year 2014, and 0.0% increase for calendar year 2015; and renewing the contract for an additional three years at a cost of $6,770,000 for all coverage groups effective January 1, 2013, through December 31, 2015, for a total contract amount of $11,960,000.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

15.  2014 Health Plan Changes
From: City Manager
Recommendation:
Adopt two Resolutions: 
1. Adding a new Kaiser Foundation (Kaiser) group plan, the HSA-Qualified Deductible HMO Plan; and approving rate increases for the Kaiser Health Maintenance Organization (HMO) health plans as follows:  2.34% increase for Active Employees;  7.9% increase for Pre-Medicare Eligible Retirees;  4.0% increase for Senior Advantage (Medicare Supplement) Retirees; and
2. Approving rate increases for the Health Net health plans as follows:  12.22% for HMO plan Active Employees;  12.22% for Point of Service (POS) plan Active Employees;  12.22% for Pre-Medicare HMO plan Eligible Retirees;  12.22% for Pre-Medicare POS plan Eligible Retirees;  3.0% for Seniority Plus (Medicare Supplement) Retirees;  12.22% for Health Net POS Post-65 Retirees.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

16.  Fee Assessment for Fiscal Year 2014 - State of California Self-Insurance Fund
From: City Manager
Recommendation:
Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2014 for administering the Workers' Compensation Program, in an amount not to exceed $205,652.
Financial Implications: Workers' Compensation Fund - $206,652.
Contact: David Abel, Human Resources, 981-6800

17.  Contract No. 7575 Amendment: Alpine Software, Incorporated for Fire Operations Software Support
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend contract No. 7575 with Alpine Software, Inc., increasing the amount by $8,200, for a total not to exceed $208,200 from April 21, 2008 through June 30, 2015.
Financial Implications: General Fund - $8,200
Contact: Donna LaSala, Information Technology, 981-6500

18.  California Emergency Management Authority - Application for Disaster Relief at the Berkeley Tuolumne Camp
From: City Manager
Recommendation:
Adopt a Resolution designating the City Manager as the authorized agent for the purpose of obtaining certain state and federal financial assistance for the fire damage at Berkeley Tuolumne Camp.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

19.  Contract: Gibson & Associates for Quality Assurance Program for Community Agency Contracts
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager and her designee to execute a contract and any amendments with Gibson & Associates for evaluation and technical assistance support in developing a quality assurance program for youth-serving contractors receiving City funds in an amount not to exceed $150,000 over a period of two years, beginning January 1, 2014.
Financial Implications: General Fund - $150,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

20.  California Energy Commission Energy Partnership Program Technical Assistance Grant
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to apply for the California Energy Commission (CEC) Energy Partnership Program technical assistance grant to identify priority efficiency projects and financing to reduce energy use in municipal buildings.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

21.  Contract: Fidelity National Technology Imaging for Microfiche Digital Image Conversion
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Fidelity National Technology Imaging (FNTI) for microfiche digital imaging conversion of Planning and Development Department records for a total contract amount not to exceed $138,000.
Financial Implications: Permit Service Center Fund - $138,000
Contact: Eric Angstadt, Planning and Development, 981-7400

22.  Technical Corrections to the Zoning Ordinance, Amending BMC Sub-Titles 23A, 23D and 23E
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Sub-Titles 23A, 23D and 23E to make non-substantive technical corrections to the Zoning Ordinance.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

23.  Contract: Rodan Builders, Inc. for Civic Center Building and Public Safety Building Data Center Upgrades Project
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving plans and specifications for the Civic Center Building and Public Safety Building Data Center Upgrades Project, Specification Number 13-10730-C;  2.  Accepting the price negotiated with Rodan Builders, Inc. in accordance with Article XI, Public Works and Supplies, Section 67(a.) of the City Charter as authorized by Resolution No. 66,229-N.S., and  3.  Authorizing the City Manager to execute a contract and any extensions or change orders with Rodan Builders, Inc. until completion of the project in accordance with the approved plans and specification, in an amount not to exceed $2,000,000.
Financial Implications: Various Funds - $2,000,000
Contact: Andrew Clough, Public Works, 981-6300

24.  Contract No. 8488 Amendment: R&S Erection of Richmond for Roll-Up Door Repairs and Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 8488 with R&S Erection of Richmond, Inc., increasing the amount by $15,000 for a total not to exceed $65,000; and extending the contract through June 30, 2014.
Financial Implications: Building Maintenance Fund - $15,000
Contact: Andrew Clough, Public Works, 981-6300

25.  Contract No. 7441B Amendment: Direct Line Tele Response for After Hours Answering Service
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Direct Line Tele Response for after-hours answering services for the City of Berkeley, increasing the amount by $12,000 for a new total not to exceed $107,000 and extending the termination date 6 months from December 31, 2013 to June 30, 2014.
Financial Implications: Various Funds - $12,000
Contact: Andrew Clough, Public Works, 981-6300

26.  Contract No. 7903C Amendment: ThyssenKrupp Elevator Corporation for Elevator and Lift Maintenance and Repair Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7903C with ThyssenKrupp Elevator Corporation to increase the contract by $50,000 for a total not to exceed amount of $478,027 and extend the contract through June 30, 2014.
Financial Implications: Various Funds - $50,000
Contact: Andrew Clough, Public Works, 981-6300

27.  Contracts: Consultants for On-Call Transportation Planning Services
From: City Manager
Recommendation:
Adopt four Resolutions authorizing the City Manager to execute individual contracts and any amendments, each for the period February 3, 2014 through February 1, 2019 for a total amount of all contracts not to exceed $1,000,000 with the following consultants for On-call Transportation Planning Services:
1. Alta Planning + Design, for an amount not to exceed $450,000.
2. Community Design + Architecture, for an amount not to exceed $250,000.
3. Nelson\Nygaard Consulting Associates, for an amount not to exceed $100,000.
4. Fehr Peers, for an amount not to exceed $200,000.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

28.  Contract No. 9364 Amendment: Kitchell CEM, Inc. for Inspection and Assessment of City-Owned Buildings
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment with Kitchell CEM, Inc., increasing the amount by $50,000 for a total not to exceed $150,000 for the existing contract term ending June 30, 2014.
Financial Implications: Marina Operations & Maintenance Fund - $50,000
Contact: Andrew Clough, Public Works, 981-6300

29.  Contract: Traffic Development Services for Electronic Traffic Calming Devices Replacement Project
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving plans and specifications for the Electronic Traffic Calming Devices Replacement Project, Specification No. 14-10802-C and accepting the bid proposal of Traffic Development Services; and 2.  Authorizing the City Manager to execute a contract and any amendments with Traffic Development Services for the replacement of non-operational electronic traffic calming devices for the period January 15, 2014 to January 14, 2016 for an amount not to exceed $178,257.
Financial Implications: Various Funds - $178,257
Contact: Andrew Clough, Public Works, 981-6300

30.  Purchase Order: National Auto Fleet Group for One Mechanics Truck with Service Body
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a purchase order with National Auto Fleet Group for one mechanics truck with service body for an amount not to exceed $151,739.
Financial Implications: Equipment Replacement Fund - $151,739
Contact: Andrew Clough, Public Works, 981-6300

31.  Implementation of 15 MPH Speed Signs Around Elementary Schools
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to implement installation of 15 mph speed signs around preschools and elementary schools in the City of Berkeley.
Financial Implications: Measure B - Local St & Road - $48,600
Contact: Andrew Clough, Public Works, 981-6300

32.  Board of Library Trustees Reappointment: Abigail Franklin
From: Board of Library Trustees
Recommendation:
Adopt a Resolution reappointing Abigail Franklin to the Board of Library Trustees ("BOLT") for a second term of four years commencing January 3, 2014.
Financial Implications: None
Contact: Donna Corbeil, Commission Secretary, 981-6100

Council Consent Items

33.  Council Appointments to Regional Committees and Commissions
From: Mayor Bates
Recommendation:
Adopt a Resolution for the appointments of Councilmembers to their current committees, commissions, and regional bodies for the years 2014-2015. Please see the attached resolution for committee and committee names and the pertinent appointed councilmember.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

34.  Appointment of Mental Health Commission City Council Liaison
From: Mayor Bates
Recommendation:
Adopt a Resolution re-appointing Councilmember Arreguin as the City Council Liaison to the Mental Health Commission for one calendar year.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

35.  Expanding the City of Berkeley's Park Bench Donation Policy
From: Councilmember Moore
Recommendation:
Direct the City Manager to explore other options for memorial/commemorative donations from residents.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

36.  Revising the Berkeley Municipal Code to More Effectively Address Illegal Dumping
From: Councilmember Moore
Recommendation:
Direct the City Manager to propose potential revisions to the Berkeley Municipal Code to better address illegal dumping in the city.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

37.  Support the Strong Start for America’s Children Act of 2013
From: Councilmembers Capitelli and Moore
Recommendation:
 
1. Adopt a Resolution supporting Strong Start for America's Children Act of 2013 that would expand access to high-quality early childhood education for children ages 0-5; and
2. Request the City Clerk’s office write a letter on behalf of the Berkeley City Council to our United States Senators and copy to Arne Duncan, US Secretary of Education, in support of the Strong Start for Children Act of 2013.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

38.  Scheduling a Ten Minute Presentation by the Berkeley Art Center
From: Councilmember Capitelli
Recommendation:
Recommend that the City Council allow 10 minutes at its January 21, 2014 regular meeting for a brief introduction to the new Executive Director and Board President of the Berkeley Art Center.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

39.  Support IGNITE, End the School-to-Prison Pipeline, and Send a Letter to UC President Janet Napolitano
From: Councilmember Worthington
Recommendation:
Adopt a Resolution supporting IGNITE (Invest in Graduation Not Incarceration, Transform Education), a campaign aimed at prioritizing California spending on education instead of prisons. Send a letter to the UC President Janet Napolitano asking to support the UCSA (University of California Student Association) by increasing student retention rates through the creation of academic preparation and retention programs.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

40.  Letter to Director of Montana Fish, Wildlife and Parks to Support Option B for Montana’s Plan to Protect the Nation’s Last Native Bison in Yellowstone Park
From: Councilmember Worthington
Recommendation:
Send a letter to the Director of Montana Fish, Wildlife and Parks to support option B in the Joint Environmental Assessment for Year-Round Habitat for Yellowstone Bison, which is supported by the Yellowstone Bison Citizens Working Group, the National Wildlife Federation, the Sierra Club, and various Native American tribes such as the Confederated Salish and Kootenai Tribes.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

41.  City Manager Referral: Establishment of Code Enforcement Prioritization Policy and Possible Fee Adjustments
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to review the creation of a prioritization policy for code enforcement policy.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

42.  Commend Sally Jewell and Interior Department’s Efforts to Encourage Veterans Families to Enjoy Our Public Lands
From: Councilmember Worthington
Recommendation:
Send a letter to Sally Jewell of the Secretary of the Department of the Interior commending the department's efforts to increase veterans' accessibility to the great outdoors.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

43.  City Manager Referral: Updating a Mandated Reporting Policy Under the California Child Abuse and Reporting Act
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to review the California Child Abuse Reporting Act to consider updating a Mandated Reporting Policy so that all appropriate city employees and volunteers are aware of their obligations in reporting abuse.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

44.  Proclamation for January as National Slavery and Human Trafficking Prevention Month
From: Councilmember Worthington
Recommendation:
Adopt a proclamation for January as National Slavery and Human Trafficking Prevention Month in Berkeley.
Financial Implications: None
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.

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.

45.  Structural Alteration Permit Appeal Hearing: 2201-2205 Blake Street
Attachment 4, Admin Rec - Pt 1
Attachment 4, Admic Rec - Pt 2
From: City Manager
Recommendation:
Adopt a Resolution affirming the Landmarks Preservation Commission's approval of Structural Alteration Permit No. 2013-0005 for the construction of three dwelling units at the rear of the Bartlett Houses (2201-2205 Blake Street), a City of Berkeley Landmark, and affirming all of the findings and conditions.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

a. Appeal
1.   Lozeau Drury LLP on behalf of Gale Garcia

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.

46.  General Plan Re-designation and Rezone: 1011-1025 Gilman and Portion of 1000-1010 Gilman
From: City Manager
Recommendation:
Conduct a Public Hearing for the purpose of considering an amendment to the General Plan, re-designating the parcel at 1011-1025 Gilman Avenue (APN 060-235500802); and a portion of the parcel identified as 1300-1328 Tenth St, 1000-1010 Gilman St, 1319 Ninth Street (APN 060-235200100).  And upon conclusion of the hearing, consider the re-designation and re-zone of the parcels identified for the Public Hearing.
1.  Adopt a Resolution amending the Berkeley General Plan to re-designate the  parcel at 1011-1025 Gilman Avenue (APN 060-235500802); and a portion of the parcel identified as 1300-1328 Tenth St, 1000-1010 Gilman St, 1319 Ninth Street (APN 060-235200100) from Industrial to Commercial. 
2.  Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23 (zoning), official zoning map, to rezone the parcel at 1011-1025 Gilman Avenue (APN 060-235500802); and a portion of the parcel identified as 1300-1328 Tenth St, 1000-1010 Gilman St, 1319 Ninth Street (APN 060-235200100) from MU-LI to C-W.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – Old Business

47.  Support UFW Efforts to Improve Worker Health and Safety Practices at Darigold Inc. Dairy Company (Continued from November 19, 2013)
Revised materials
From: Councilmember Worthington
Recommendation: Send a letter to Darigold, Inc. dairy company requesting a change in worker health and safety practices at their dairy factories and respond to the United Farm Workers (UFW) request for dialogue.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

48.  City Manager Referral: Preparations to Apply for Telegraph Pedestrian Safety Funds (Continued from December 3, 2013)
From: Councilmember Worthington
Recommendation: Refer to the City Manager to apply for Telegraph Ave pedestrian safety funds and to produce a preliminary plan for Telegraph pedestrian safety improvements as requested by the Telegraph Merchants Association.
Financial Implications: $5,000 to 10,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

49.  Support UAW Local 5810 Efforts to Secure Healthcare Cost Reimbursements from the University of California (Continued from December 3, 2013)
From: Councilmember Worthington
Recommendation: Support UAW Local 5810 efforts to secure healthcare cost reimbursements from the University of California and send a letter to Janet Napolitano, President of the University of California and the UC Board of Regents requesting that the University reimburse postdoctoral researchers for necessary out-of-pocket healthcare expenses.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

50.  Reduce Fukushima Daiichi Nuclear Dangers (Continued from December 3, 2013)
From: Councilmember Worthington
Recommendation: Adopt a Resolution urging the United Nations to form an International Independent Commission of Experts (IICE) to formulate a plan to reduce the radiation being released from the crippled Fukushima Daiichi Nuclear Power Plant, and instructing the City’s Health Department to research and inform the public regarding elevated risk from seafood and other Pacific basin products, and to educate the population of Berkeley regarding specific treatments for radiation exposure and have in place emergency procedures to administer treatment, if necessary, to mitigate radiation exposure.  Copies of the resolution to be sent to the U.N. General Assembly, U.N. Secretary-General Ban Ki-moon, U.S. Ambassador to the U.N. Samantha Power, President Barack Obama Senator Dianne Feinstein, Senator Barbara Boxer, Congresswoman and Representative to the 68th Session of the U.N. General Assembly Barbara Lee, and Governor Jerry Brown.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – New Business

51. a. Chevron Refinery Fire Follow-Up: Emergency Public Information and Warning
From: Community Environmental Advisory Commission
Recommendation:
Direct the City Manager to: 1. To prepare a report over the next three to six months on the best fast, timely, flexible city-wide or section-wide notification of emergencies and submit the report to Community Environmental Advisory Commission (CEAC) and Disaster and Fire Safety Commission (DFSC) to get their final input on recommendations to the Council for implementing; 2. Immediately ensure that all nearby governmental warning agencies including FEMA have or will adopt specific methods for (a) timely contact with Berkeley officials to warn of incidents such as fire or release of toxic smoke or chemicals that might endanger Berkeley residents and (b) frequent (such as hourly) ongoing updates as long as the danger persists; 3. Contact major chemical (including petroleum) facilities within a radius of the City determined by the BAAQMD that can impact air quality and/or seriously harm one or more people located in the City of Berkeley, and ask them to reply on their plans for 24/7 warning City emergency responders as to releases or threatened releases of toxics, and then report to CEAC and the Council as to compliance or the lack; 4. Make sure local, reliable, real-time meteorological data from sites not blocked or affected by nearby structures is available 24/7 for emergency responders and on the City website; if these do not exist, then invest in small-scale internet connected units that can be sited around the city.
Financial Implications: Staff time
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7461

    b. City Council Referral on the Impact of the Richmond Fire of August 21, 2012 on Berkeley Residents
From: Community Health Commission
Recommendation:
Direct the City Manager to convene a task force within the next three months, comprised of leaders from the various emergency agencies within the City (Fire, Office of Emergency Services (OES), CERT leaders, and other like agencies) to assess, evaluate and make recommendations as to exactly how the citizenry of Berkeley will be effectively and systematically alerted in the event of emergencies, like toxic emissions, earthquakes or other natural or human-made disasters if and when it befalls the City.
Financial Implications: Staff time
Contact: Gail Feldman, Commission Secretary, 981-5232

   c. Chevron Refinery Fire Follow-Up: Emergency Public Information and Warning
From: City Manager
Recommendation:
Request the City Manager to direct the City's existing Emergency Public Information and Warning Steering Committee to: 1. Coordinate with the Alameda County Operational Area to optimize information-sharing during emergency events. 2. Coordinate with the Bay Area Air Quality Management District (BAAQMD) to clarify the District's roles and responsibilities for monitoring air quality and sharing information during emergency events.  3. Further develop community outreach about the capabilities and limitations of the City's emergency public information and warning systems, and the interdepartmental coordination and procedures guiding their use.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400; Eric Angstadt, Planning and Development, 981-7400; Gil Dong, Fire, 981-3473

Council Action Calendar

52.  Referral to City Manager: Exemption of Fire-Damaged Buildings from Affordable Housing Mitigation Fee
From: Councilmember Arreguin
Recommendation:
Refer to the City Manager and Housing Advisory Commission (HAC) the issue of amending Resolution No. 65,920-N.S. to clarify and change the criteria for exempting buildings destroyed by fire from the Affordable Housing Mitigation Fee.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

53.  City Manager Referral: Have Non-sworn (civilian) Employees Investigate After-hour Noise Complaints
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to designate non-sworn (civilian) employees to investigate after-hour noise complaints.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

54.  City Manager Referral: Require 10-year Long Life Batteries in Smoke Alarms (and Carbon Monoxide Detectors) in All Rental Units
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to review the legality of requiring all rental properties in Berkeley to install a 10-year life battery for smoke alarms and carbon monoxide detectors and send letters to the City's representatives in the State Legislature urging them to introduce a 10-year long life batteries state bill.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

55.  Update: Implementation of Citywide Payroll Audit Recommendations
From: City Manager
Contact: David Abel, Human Resources, 981-6800

56.  Taxi Cab Waiting List
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

57.  Video Screen Advertisements in Taxi Cabs
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

58.  Administrative Citations for "Pirate" Taxis
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

59.  Increasing the Number of Accessible Taxis in Berkeley
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

60.  Berkeley Taxi Cab Association
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

61.  Affordable Housing Mitigation Fee Collection Update
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

62.  Telegraph Channing Mall: Follow-up on Tenants Issues and Management
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

63.  Public Art Plan for FY 2014-15
From: Civic Arts Commission
Contact: Mary Ann Merker, Commission Secretary, 981-7533

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.

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@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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 December 5, 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.

AC Transit Line 51 – Corridor Delay Reduction & Sustainability Project
1.    University Avenue Association

Human Rights Compliance Reports
2.    Carol Denney
3.    Bernadette Rabuy, on behalf of Human Rights of the Incarcerated at Cal
4.    Rita Maran, on behalf of the United Nations Association, USA East Bay Chapter
5.    Mansour Id-Deen, on behalf of the Berkeley NAACP
6.    Edith Hallberg, on behalf of the East Bay Gray Panthers
7.    Charlotte Kates, on behalf of the National Lawyers Guild’s International Committee
8.    JoAnn Ward, on behalf of the Human Rights in the U.S. Project @ Columbia Law School
9.    Birte Scholz, on behalf of Human Rights Advocates

Recommendations Raised by the NAACP, Berkeley Chapter
10. Commission on Labor

Open Data Policy
11. Seamus Kraft, on behalf of OpenGov Foundation

Second Response Ordinance
12. Victoria Peirotes

CNA Newsletter
13. Ted Edlin

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