General Information
General Information

Regular Meeting eAgenda
January 21, 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, January 21, 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.

1.     Presentation by the Berkeley Art Center

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.

Recess Items

1.   Grant Award: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to accept a $1,838 grant award to the Berkeley Meals on Wheels Program from the Alameda County Meals on Wheels Agency.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Consent Calendar

2.   Technical Corrections to the Zoning Ordinance, Amending BMC Sub-Titles 23A, 23D and 23E
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,323-N.S. amending Berkeley Municipal Code Sub-Titles 23A, 23D and 23E to make non-substantive technical corrections to the Zoning Ordinance.
First reading vote: All ayes.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

3.   General Plan Re-designation and Rezone: 1011-1025 Gilman and Portion of 1000-1010 Gilman
From: City Manager
Recommendation:
 Adopt second reading of Ordinance No. 7,324-N.S. 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.
First reading vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

4.   Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of December 3, 2013 (special and regular) and December 17, 2013 (specials and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

5.   Donation to the Animal Shelter from the Ting Tsung and Wei Fong Chao Foundation at the Direction of Elizabeth Chao
From: City Manager
Recommendation:
Adopt a Resolution accepting a donation from the Ting Tsung and Wei Fong Chao Foundation in the sum of $5,000.
Financial Implications: $5,000 (Donation)
Contact: William Rogers, City Manager’s Office, 981-7000

6.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on January 21, 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 - $5,184,667
Contact: Robert Hicks, Finance, 981-7300

7.   Revenue Contract: Community Services Block Grant for Calendar Year 2014
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 14F-3001 for the initial amount of $75,674, and execute any resultant agreements and amendments that may increase the contract amount up to an estimated $245,000 to provide low-income services for the period January 1, 2014 to December 31, 2014.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

8.   Mental Health Services Act (MHSA) Innovations (INN) Plan Update and Contract Amendments
From: City Manager
Recommendation:
 
1. Adopt a Resolution authorizing the City Manager to approve the Mental Health Services Act (MHSA) Innovations (INN) Plan Update.
2. Adopt seven Resolutions authorizing the City Manager to execute amendments for the following seven contracts that are funded through MHSA INN monies, increasing the contract amounts, and expending the INN funds by June 30, 2014:
a.   Increasing INN Contract No. 9015A with McGee Avenue Baptist Church in the amount of $20,630 for a total contract amount not to exceed $115,380 to implement a cultural heritage empowerment project to increase positive mental health outcomes for African Americans in South Berkeley;
b.   Increasing INN Contract No. 9013A with Options Recovery Services in the amount of $20,630 for a total contract amount not to exceed $115,629 to increase positive mental health outcomes for Ex-Offenders and Veterans returning to the community;
c.   Increasing INN Contract No. 9008A with Community Health for Asian Americans (CHAA) in the amount of $20,630 for a total contract amount not to exceed $115,629 to increase access to, and improve the quality of Mental Health services for Asian Pacific Islanders through cultural based outreach and wellness activities;
d.   Increasing INN Contract No. 9016A with Niroga Institute in the amount of $20,630 for a total contract amount not to exceed $115,629 to implement holistic health strategies and interventions for transition age youth in an effort to increase access to and the quality of mental health services, and improve outcomes; 
e.   Increasing  INN Contract No. 9009A with Albany Senior Center in the amount of $20,630 for a total contract amount not to exceed $115,629 to decrease isolation and increase positive mental health outcomes for Senior Citizens through the use of Smartphone, tablet, and computer technologies; 
f.    Increasing INN Contract No. 9029A with Berkeley Food and Housing Project in the amount of $20,630 for a total contract amount not to exceed $115,629 to improve physical and mental health outcomes for Mentally Ill Adults and Older Adults living in Board & Care facilities; 
g.   Increasing INN Contract No. 9018A with Pacific Center for Human Growth in the amount of $20,630 for a total contract amount not to exceed $115,629 to increase access to, and the quality of, Mental Health services for Lesbian, Gay, Bi-sexual, Transgender, Queer/Questioning, Inter-sex individuals.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

9.   Disposition and Development Agreement, 3135 Harper Street
From: City Manager
Recommendation:
Adopt first reading of an Ordinance approving a Disposition and Development Agreement ("DDLA") between the City of Berkeley and Satellite AHA Development, Inc., for the disposition and development of the City-owned property at 3135 Harper Street.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

10.  Conversion of Housing Trust Fund Predevelopment Loan to Permanent Financing for 1320 Addison Street
From: City Manager
Recommendation:
Adopt a Resolution:  1. Approving a Development Loan Agreement in the amount of $92,000 with Strawberry Creek Lodge Foundation ("SCLF"), for the purpose of converting $86,250 in HTF predevelopment funds and accrued interest to permanent financing at 1320 Addison Street.  2. Waiving Section V.B.2 of the Housing Trust Fund Guidelines to provide a 0% interest rate for the permanent financing.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

11.  Contract: Berkeley Unified School District – Mental Health Career Pathways Program - Mental Health Services Act, Workforce, Education & Training (WET)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Berkeley Unified School District (BUSD) to support a Mental Health Career Pathways program for High School youth utilizing Mental Health Services Act (MHSA) Workforce, Education & Training (WET) funds, for a total contract amount not to exceed $7,000 through June 30, 2014, and to renew the contract annually for up to an additional three years contingent upon satisfactory contract performance and the availability of external funding.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

12.  Contract: Building Opportunities for Self-Sufficiency for Homeless Outreach Services: Mental Health Services Act, Prevention and Early Intervention
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Building Opportunities for Self-Sufficiency (BOSS) for the provision of mental health outreach services and supports for homeless Transition Age Youth (TAY), Adults and Older Adults in Berkeley and Albany in an amount not to exceed $100,000 through January 31, 2015.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

13.  Final Map of Tract 8107: 1337 Henry Street
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 8107, a five (5) unit residential condominium conversion project located at 1337 Henry Street.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

14.  Contract: DC Electric Group Inc. for On-Call Electronic Traffic Calming Devices Maintenance Project
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving plans and specifications for the On-Call Electronic Traffic Calming Devices Maintenance Project, Specification No. 14-10801-C and accepting the proposal of DC Electric Group, Inc.; and 2.  Authorizing the City Managerto execute a contract and any amendments with DC Electric Group Inc., for the on-call general maintenance of electronic traffic calming devices for the period February 14, 2014 to February 13, 2019, with options for up to three 1-year extensions, for an amount not to exceed $350,000.
Financial Implications: Special Gas Tax Improvement Fund - $350,000
Contact: Andrew Clough, Public Works, 981-6300

15.  Authorization for Additional Public Works Commission Meetings in 2013
From: Public Works Commission
Recommendation:
Adopt a Resolution authorizing 4 additional meetings of the Public Works Commission in 2013.
Financial Implications: None
Contact: Sean Rose, Acting Commission Secretary, 981-6400

Council Consent Items

16.  Amending Berkeley City Council Procedure on Appeals
From: Mayor Bates
Recommendation:
Refer to the Planning Commission and Housing Advisory Commission amendments to the Berkeley Municipal Code to allow appeals from the Housing Advisory Commission, Landmark Preservation Commission, or the Zoning Adjustments Board be automatically set for public hearings before the City Council.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

17.  Vukani Mawethu Choir, Mandela Tribute: Relinquishment of Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Maio
Recommendation:
Approve the expenditure of an amount not to exceed $100 per Councilmember including up to $100 from Councilmember Maio to cover a $500 donation for the Vukani Mawethu Choir’s appearance at the City Council’s tribute to Nelson Mandela, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmembers who would like to contribute. Note: The fee can be reached via $55 per council account.
Financial Implications: Councilmember's Discretionary Fund - $100
Contact: Linda Maio, Councilmember, District 1, 981-7110

18.  City of Berkeley Official Sponsorship of SHARE El Salvador Delegation
From: Councilmember Moore
Recommendation:
Officially sponsor the Berkeley delegation of SHARE El Salvador.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

19.  Double Fines for Speeding in School Zones
From: Councilmember Wengraf
Recommendation:
Request that the City Manager evaluate the legal feasibility and expense of signage for the doubling of fines for speeding in school zones and report back to City Council with a recommendation.
Financial Implications: To be determined
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

20.  Urging the Hearst Corporation and the SF Chronicle to Continue Publishing the Stand Alone “Food and Wine” Section of the Newspaper
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution urging the Hearst Corporation and the SF Chronicle to continue publishing the stand alone "Food and Wine" section of the newspaper and send it to the Hearst Corporation and the SF Chronicle Editorial Board.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

21.  Reaffirming the City of Berkeley's commitment to Roe v. Wade
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution reaffirming the City of Berkeley's commitment to Roe v. Wade on the 41st anniversary of its passage.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

22.  Sponsorship of Expressions Gallery's "Homelessness" Art Exhibit
From: Councilmember Worthington
Recommendation:
Adopt a Resolution co-sponsoring Expressions Gallery's "Homelessness" Exhibit.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

23.  Expressions Gallery Arts and Educational Center: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Worthington
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Councilmember Worthington, to the Expressions Gallery Arts & Educational Center with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $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 – Old Business

24.  Telegraph Channing Mall: Follow-up on Tenants Issues and Management (Continued from December 17, 2013)
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

25.  Referral to City Manager: Exemption of Fire-Damaged Buildings from Affordable Housing Mitigation Fee (Continued from December 17, 2013)
From: Councilmembers Arreguin, Worthington, and Anderson
Recommendation: Refer to the City Manager and Housing Advisory Commission (HAC) the issue of amending Resolution No. 65,920 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

Council Action Items

26.  Pending and Outstanding Referrals to the City Manager’s Office and City Commissions by the City Council
From: Mayor Bates
Recommendation:
1. Request the City Manager report on pending and outstanding referrals made to the City Manager's Office and City Commissions by the City Councilmembers.  2. The Referral Report will be sent to the Councilmember who made the referral for them to prioritize their top five referrals.  3. After the prioritizing has taken place, the City Manager will provide an estimate of cost, staff time and any other related costs likely to be incurred by the implementation of the referral.  4. Council shall then determine its priority of implementation so they may be reflected in the adoption of its budget.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100

27.  Temporarily Relocate City Council Chambers to 2020 Bonar Street (West Campus) Until the Maudelle Shirek Building is Seismically Retrofitted
From: Mayor Bates
Recommendation:
Request the City Manager work with the Berkeley Unified School District (BUSD) to temporarily relocate City Council, Planning Commission, Rent Board and Zoning Adjustment Board meetings to West Campus located at 2020 Bonar Street until the Maudelle Shirek Building is seismically retrofitted.
Financial Implications: $280,000-$350,000
Contact: Tom Bates, Mayor, 981-7100

28.  New Agenda Section, Referred Items
From: Councilmember Maio
Recommendation:
Create a section of the Council Agenda called "Referred Items" to be placed at the end of the agenda to be used for those Council Items that have significant grammatical or other readability problems, and/or lack background information that is clearly essential and should be available to the public.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

Information Reports

29.  2013 Alameda Countywide Homeless Count and Survey
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

30.  Santa Fe Right-of-Way Greenway Cost Estimate
From: City Manager
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700; Andrew Clough, Public Works, 981-6300

31.  LPC-NOD: 2210 Shattuck Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

32.  LPC-NOD: 2286 Shattuck Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

33.  LPC-NOD: 48 Shattuck Square
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

34.  LPC-NOD: 1045 Ashby Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

35.  LPC-NOD: 2600 Durant Avenue
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

36.  Report of the Alameda County Transportation Commission
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Public Comment – Items Not Listed on the Agenda – 

Adjournment in memory of:

1.    Saul Zaentz
2.    Marty Rabkin

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

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 January 9, 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.

Work Plan/Response to NAACP Recommendations
1.    Housing Advisory Commission

Proposed Refuge Rate Increases
2.    Barbara Gilbert
3.    Frieda Dilloo
4.    Robert Lauriston
5.    Walter Wood

Walgreens on Solano Avenue
6.    Susan Cerny

Fund Allocation for Civic Arts Program
7.    Civic Arts Commission

Tax Breaks for Nonprofit Hospitals
8.    Susan Wengraf, District 6

Police & Neighborhood Safety Article
9.    W.F. Allen

2201-2205 Blake Street
10. Lozeau Drury LLP

Light Brown Apple Moth Article
11. Jane Kelly

Smokefree Commercial District
12. Carol Denney

Affordable Housing Petition
13. Karen Anderson

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