General Information
General Information

 

Regular Meeting eAgenda
February 11, 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, February 11, 2014
 
7:00 P.M.
 
Council Chambers - 2134 Martin Luther King Jr. Way
 
Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a 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.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,325-N.S. 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.
First reading vote: All Ayes.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 13 663802 entitled Brett v. City of Berkeley, et al., in the amount of $55,000.
Financial Implications: Public Liability Fund - $55,000
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation:
1.   Adopt first reading of an Ordinance approving the sale of City property at 2013 2nd Street and authorizing the City Manager to execute all necessary documents required to sell the property for the amount of $1,200,000.
2.   **Contract amendment with TRI Commercial Real Estate Services removed from the agenda by the City Manager**
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000
 
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 - $1,769,600
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution: a. forgiving accrued interest in the aggregate amount of $785,947 on City Loans to BOSS developments McKinley House and Sankofa House; and b. waiving Section V.B.2 of the Housing Trust Fund Guidelines to reset the interest rates on City loans to 0% for McKinley House and Sankofa House.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution approving a Regulatory Agreement and Declaration of Restrictive Covenants with Derby Walker House Cooperative.
Financial Implications: Minor additional reporting duties
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with HF&H Consultants, LLC for a Franchise Study for an amount not to exceed $69,965 for the period March 1, 2014 through December 31, 2015.
Financial Implications: Refuse Collect Disposal Fund - $69,965
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9482 with Roto-Rooter to include Closed Circuit TV inspection and testing of upper sewer laterals at City owned buildings and park facilities, and increasing the amount by $60,000 for an amended total not to exceed $360,000.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute individual contracts and any amendments for on call engineering services, each for the period April 1, 2014 through April 1, 2019, for a total amount of both contracts not to exceed $1,800,000 with:
1. Nichols Consulting Engineers, and
2. Harrison Engineering Incorporated.
Financial Implications: Measure M Fund - $1.8 million
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to accept an Easement Deed Agreement for relocation of storm pipe facilities with Laura and Brett Hazlett of 1836 Sonoma Avenue, Berkeley.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution: 1.  Approving plans and specifications for the Street Rehabilitation FY 2014 Project, Specification No. 14-10776-C;  2.  Accepting the bid of J A Gonsalves & Son Construction, Inc. as the lowest responsive and responsible bidder; and  3.  Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $1,757,741.
Financial Implications: Various Funds - $1,757,741
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8758 with LAZ Parking California LLC, increasing the amount by $430,931 for a total not to exceed $8,103,407.
Financial Implications: Off-Street Parking Fund - $430,931
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease with Options Recovery Services for the Old City Hall Annex at 1835 Allston Way for the period commencing with the effective date of the Ordinance and ending on December 31, 2024, at the annual rate of $100 per year, with an option to renew for an additional 5 year term.
Financial Implications: $100 annually (revenue)
Contact: Andrew Clough, Public Works, 981-6300
Council Consent Items
 
From: Councilmembers Moore and Anderson
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Councilmembers Moore and Anderson to the Berkeley Chamber of Commerce Foundation, the fiscal sponsor of the 3rd Annual Martin Luther King Jr. celebration held on January 20, 2014, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $250
Contact: Darryl Moore, Councilmember, District 2, 981-7120

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 - Public Hearings

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.

From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending the Recreation fee schedule to include new fees at the City’s new Berkeley Sierra Family Camp at Echo Lake Camp; and rescinding Resolution No. 66,469.N.S.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

Action Calendar – Old Business
 
16.        City Manager Referral: Preparations to Apply for Telegraph Pedestrian Safety Funds (Continued from December 17, 2013)
From: Councilmember Worthington
Recommendation: Refer to the City Manager to produce a plan to enable funding applications for Telegraph Avenue pedestrian safety improvements (as requested by the Telegraph Merchants Assoc).
Financial Implications: $5,000 to $10,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Arreguin, Anderson, and Worthington
Recommendation: Refer to the City Manager and Housing Advisory Commission (HAC) issues relating to the applicability of the Affordable Housing Mitigation fee to buildings destroyed by fire.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action Calendar – New Business

From: City Manager
Recommendation: Review the information provided by staff regarding Charter Recall provisions and direct the City Manager to return with draft ballot measure language for the November 4, 2014 general election.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, 981-6900
 
From: City Manager
Recommendation: Review the information provided by staff regarding Charter vacancy provisions and direct the City Manager to return with draft ballot measure language for the November 4, 2014 general election.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, 981-6900
 
From: City Manager
Recommendation: Discuss possible ballot measures for November 2014, and provide direction to the City Manager about which issues if any to include in a community survey.
Financial Implications: General Fund - $24,000
Contact: William Rogers, City Manager’s Office, 981-7000
Information Reports
 
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

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

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 30, 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.
 
Definition/Regulation of Department Store
1.    Mark Delucchi
 
Leaf Blowers
2.    Barbara Kochan
 
Proposed Changes to Districts
3.    Terry Cochrell
 
Minimum Wage
4.    Denis Drew
5.    Maulin Chokshi, on behalf of the University Avenue Association
 
Conditions in Ukraine
6.    Alexei Serdiuk
 
Human Rights Compliance Reports
7.    Walter Riley, on behalf of the Meiklejohn Civil Liberties Institute
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