General Information
General Information

 

Regular Meeting Annotated Agenda
February 11, 2014

 

 Printer-friendly PDF* annotated 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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ANNOTATED 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

 

Preliminary Matters

Roll Call: 7:08 p.m.  All present.

Ceremonial Matters:

  1. Black Women Stirring the Waters - 30 year celebration
  2. Brandon and Niema Coleman, Good Samaritans
  3. Berkeley Film Foundation, Berkeleywood Event, March 2 at the Shattuck Plaza Hotel

City Manager Comments:  None

Public Comment on Non-Agenda Matters: 2 speakers.

Public Comment on Consent Calendar and Information Items Only:  1 speaker.

Consent Calendar

Action: M/S/C (Maio/Worthington) to adopt the Consent Calendar in one motion except as indicated. 
Vote: All Ayes.

  1.  Disposition and Development Agreement, 3135 Harper Street 
    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 
    Action: Adopted second reading of Ordinance No. 7,325-N.S.
  1.  Settlement of Brett v. City of Berkeley, et al., ACSC No. RG 13 663802 
    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 
    Action: Adopted Resolution No. 66,471–N.S.
  1.  Sale of Property: Old Animal Shelter at 2013 2nd Street 
    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 
    Action: Adopted first reading of Ordinance No. 7,326–N.S.  Second reading scheduled for February 25, 2014.
  1.  Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on February 11, 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 - $1,769,600 
    Contact: Robert Hicks, Finance, 981-7300 
    Action: Approved recommendation.
  1.  Restructuring City Loans to Building Opportunities for Self-Sufficiency (BOSS) 
    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 
    Action: Adopted Resolution No. 66,472–N.S.
  1.  Regulatory Agreement with Derby Walker House Cooperative, 2116 Derby Street 
    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 
    Action: Adopted Resolution No. 66,473–N.S.
  1.  Contract: HF&H Consultants, LLC for a Franchise Study 
    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 
    Action: Adopted Resolution No. 66,474–N.S.
  1.  Contract No. 9482 Amendment: Roto-Rooter for Closed Circuit TV Inspection of Upper Sewer Laterals at City-Owned Buildings and Park Facilities 
    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 
    Action: Adopted Resolution No. 66,475–N.S.
  1.  Contracts: On-Call Engineering Consultants for Measure M Projects 
    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 
    Action: Adopted Resolution No. 66,476–N.S. (Nichols) and Resolution No. 66,477–N.S. (Harrison).
  1.  Storm Easement Deed Agreement at 1836 Sonoma Avenue 
    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 
    Action: Adopted first reading of Ordinance No. 7,327–N.S.  Second reading scheduled for February 25, 2014.
  1.  Contract: J A Gonsalves & Son Construction, Inc. for Street Rehabilitation FY 2014 
    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 
    Action: Adopted Resolution No. 66,478–N.S.
  1.  Contract No. 8758 Amendment: LAZ Parking California LLC for Parking Garage Management 
    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 
    Action: Moved to Action Calendar.  Item removed from the agenda by the City Manager.
  1.  Lease: Old City Hall Annex to Options Recovery Services 
    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 
    Action: Moved to Action Calendar.  3 speakers.  Adopted first reading of Ordinance No. 7,328–N.S.  Second reading scheduled for February 25, 2014. 
    The Lease terms are amended as follows: 
    Five year lease 
    Two 5-year options 
    18 month out clause – City can provide 18 months notice to Tenant during option periods 
    Amortize tenant’s initial investment of costs identified in the lease over a 10 year period from year one of original lease. 
    Add the following language to the lease: 
    “Options will provide lighting in the Alcove Area and lighting above the front door sufficient to illuminate the sidewalk in front of the building.” 
    “Options will not allow participants to congregate, smoke or make unreasonable noise on the sidewalk or any areas adjacent to the property.” 
    “Over the course of the lease term, replace dry rot damaged wood where found” 
    “Violation of these provisions will be grounds for termination of the lease.”   
    “The City will make its best efforts to assist with relocation, should the out clause be operationalized” 
    Vote: All Ayes

Council Consent Calendar

  1. 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: Adopted Resolution No. 66,479–N.S.
 
Action Calendar - Public Hearing
  1.  Fees: Berkeley Sierra Family Camp Program at Echo Lake Camp 
    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
 Public Testimony: The Mayor opened the public hearing.  0 speakers. 
M/S/C (Maio/Moore) to close the public hearing. 
Vote: All Ayes.

Action:  M/S/C (Maio/Moore) to adopt Resolution No. 66,480–N.S. 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. 
Vote: All Ayes.

 

Action Calendar – Old Business 

  1.  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 
    Action: 0 speakers.  M/S/C (Worthington/Bates) to direct staff to seek grant funding for pedestrian improvements in the Telegraph area, with the understanding that if the grant opportunities require the City to spend additional funds, that staff will come back to Council and request authorization for those funds. 
    Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson.

Councilmember Anderson absent 9:47 p.m. – 9:50 p.m.

  1.  Referral to City Manager: Exemption of Fire-Damaged Buildings from Affordable Housing Mitigation Fee (Continued from January 21, 2014) 
    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: 1 speakers.  M/S/C (Arreguin/Worthington) to refer to the City Manager and Housing Advisory Commission (HAC) issues relating to the assessment of an “Impact Fee” to buildings destroyed by fire under certain circumstances (listed below) and remove reference to Affordable Housing Impact fee.  Also, to refer the proposal of raising the fines assessed for housing code violations.
  1. Buildings that are destroyed by fire and are entirely demolished and rebuilt are not subject to rent control, and displaced tenants are not eligible for assistance under the Relocation Ordinance. The Planning Commission is considering amendments to the Demolition Ordinance to remove barriers to the demolition of housing units if the loss of affordability is mitigated and tenants are protected. Unfortunately under BMC Section 23C.08.020.A.1 most fire-damaged buildings that are red-tagged can receive an emergency demolition permit by the Building Official, under the proposed amendments to the Demolition Ordinance those buildings would not be covered by the affordable unit replacement requirements and tenant protections in BMC Sections 23C.08.020.A4, and B & C.

Staff as part of the Demolition Ordinance amendments being considered by the Planning Commission should require that buildings that are destroyed due to the “fault” of the owner including gross negligence or other conduct by the owner or his/her agents which constitutes the predominant cause of the destruction, should be required to comply with the replacement unit provisions, tenant protections and relocation requirements under Sections 23C.08.020.A.4 and 23C.08.020.B and C.    

  1. To Amend Resolution No. 65,920 to include the following in the definition of “fault” for the Impact Fee: “For purposes of this ordinance, the term “fault” should include not only intentional acts of the property owner, but also gross negligence or other conduct by the owner or his/her agents which constitutes the predominant cause of the destruction”
  1. In determining gross negligence, staff should base its decision on documented code violations including housing code (RHSP), building code or fire code violations, which were determined based on a city inspection and to which the owner was cited and did not correct.  
  1. As part of any nexus study to be commissioned for the affordable housing requirements in the revised Demolition Ordinance, staff should also request that the consultant study establishing an affordable housing fee for older housing destroyed by fire, and look at the difference in affordability between the cost of older housing and newly constructed units.

Vote: All Ayes. 
 

Action Calendar – New Business 

  1.  Proposed Charter Amendment - Article IV - Recall of Elective Officers 
    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 
    Action: 0 speakers.  M/S/C (Worthington/Wengraf) to direct the City Manager to return with draft ballot measure language for the November 4, 2014 general election. 
    Vote: All Ayes.
  1.  Proposed Charter Amendment – Article V, Section 12 – Vacancy in the Office of Mayor or Councilmember and Tie Votes 
    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 
    Action: Moved to Consent Calendar.  No action taken. 
    Vote: Ayes – None; Noes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.
  1.  Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2014 General Municipal Election 
    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 
    Action: 18 speakers.  M/S/C (Maio/Moore) to develop questions for the upcoming community survey and return to Council on February 25:

  1. Raising the Business License Tax from 1% to 3% on residential rental buildings with more than 3 units with exemptions for small landlords and hardships.
  2. A Commercial Vacancy Tax to be assessed after two years of vacancy with escalating assessment amounts for subsequent years of vacancy with provisions for extenuating circumstances and opportunity for appeal before an Administrative Law Judge.

  3. Parks Mello-Roos Measure with $30 million bond and $1 million for operations.
  4. Parks Maintenance Measure for $1 million in operations funds.
  5. Tax on sugar-sweetened beverages.

  Vote: All Ayes.

Recess 9:35 p.m. – 9:45 p.m.

Information Reports   

  1.  Marijuana Smoking, Tobacco Smoking and Alcohol Consumption by Minors, Particularly in the Environs of Civic Center Park 
    From: City Manager 
    Contact: William Rogers, City Manager’s Office, 981-7000 
    Action: Received and filed.  Requested that staff send the report to the BUSD Board of Directors and the Superintendent.
  1.  Closed Landfill: Rodent Population Control at Cesar Chavez Park 
    From: City Manager 
    Contact: Andrew Clough, Public Works, 981-6300 
    Action: Received and filed.
Public Comment – Items Not Listed on the Agenda – 0 speakers.
 

Adjournment

Action: M/S/C (Moore/Bates) to adjourn the meeting.
Vote: All Ayes.

Adjourned at 10:07 p.m.

Adjourned in Memory of:

  • Ted Agu, UC Berkeley Football Player
  • Lucy Sells, Activist
  • Dr. Austin Ahanotu, Author

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 – referred to the City Manager by Councilmember Arreguin

Leaf Blowers

  1. Barbara Kochan

Proposed Changes to Districts

  1. Terry Cochrell

Minimum Wage

  1. Denis Drew
  2. Maulin Chokshi, on behalf of the University Avenue Association

Conditions in Ukraine

  1. Alexei Serdiuk

Human Rights Compliance Reports

  1. Walter Riley, on behalf of the Meiklejohn Civil Liberties Institute

Supplemental Communications and Reports 1

  • None

Supplemental Communications and Reports 2

Item 13: Lease: Old City Hall Annex to Options Recovery Services

  1. Jill Korte

Item 17: Referral to City Manager: Exemption of Fire-Damaged Buildings from Affordable Housing Mitigation Fee

  1. Luis Amezcua
  2. Ezekial Gorrocino
  3. Spring Chau

Item 19: Proposed Charter Amendment – Article V, Section 12 – Vacancy in the Office of Mayor or Councilmember and Tie Votes

  1. Shirley Dean

Supplemental Communications and Reports 3

Item 17: Referral to City Manager: Exemption of Fire-Damaged Buildings from Affordable Housing Mitigation Fee

  1. Ben Mahrer

Item 20: Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2014 General Municipal Election

  1. Unknown (2)

A Night in Berkeleywood

  1. Unknown

US Economy

 16. M. Eid Abdallah

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