General Information
General Information

 

 

Regular Meeting Annotated Agenda
March 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: 

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ANNOTATED AGENDA 
BERKELEY CITY COUNCIL MEETING 
Tuesday, March 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: 7:00 p.m.  All present.

Ceremonial Matters:

  1. Coming Out of the Shadows Month
  2. March is Womens History Month
  3. Women of the Year Awardees
    1. Maia Scuipac
    2. Kris Perry and Sandy Stier
    3. Marilyn Wong
    4. Title Nine
    5. Diana Russell
    6. Diane Davenport and Sayre Van Young
     

City Manager Comments: None.

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 5 speakers.

Consent Calendar

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

Vote: All Ayes.

  1.  Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on March 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 - $2,915,599 
    Contact: Robert Hicks, Finance, 981-7300 
    Action: Approved recommendation.
  1.  Side Letter of Agreement - SEIU Local 1021 Maintenance and Clerical Chapters 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 1021 Maintenance and Clerical Chapters to modify Section 13.2 of the Memorandum Agreement regarding the compensation for Public Safety Dispatcher II during temporary assignment to the higher classification of Supervising Public Safety Dispatcher in the Police Department. 
    Financial Implications: General Fund - $2,000 
    Contact: David Abel, Human Resources, 981-6800 
    Action: Adopted Resolution No. 66,492–N.S.
  1.  Contract No. 7470 Amendment: 2M Associates for Berkeley Tuolumne Camp Master Development Plan Update 
    From: City Manager 
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7470 to update the Master Development Plan for Berkeley Tuolumne Camp after the Rim Fire of 2013 for an additional amount not to exceed $300,000 for a total contract amount not to exceed $527,162. 
    Financial Implications: Playground Camp Fund - $300,000 
    Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700 
    Action: Adopted Resolution No. 66,493–N.S.
  1.  Declaration of Intent: FY 2015 Street Light Assessment 
    From: City Manager 
    Recommendation: Adopt a Resolution: 1. Approving the Engineer's report, Street Lighting Assessment District 1982-1, dated January 2014; 2. Setting a public hearing to be held before Council at its May 6, 2014 meeting; and 3. Authorizing the City Clerk to publish the notice of the public hearing for FY 2015 Levy of Assessments of Street Lighting Assessment District No. 1982-1. 
    Financial Implications: See report 
    Contact: Andrew Clough, Public Works, 981-6300 
    Action: Adopted Resolution No. 66,494–N.S.

  

 

Council Consent Items  

 
  1.  Expansion of Permit Parking to Impacted Areas  
    From: Councilmembers Maio and Moore 
    Recommendation: Refer to the City Manager the expansion of Residential Permit Parking to impacted areas beyond "The Donut," an expansion that is sensitive to the mix of uses that are both residential and commercial, such as exist in West Berkeley. 
    Financial Implications: Staff time 
    Contact: Linda Maio, Councilmember, District 1, 981-7110 
    Action: Approved recommendation.
  1.  Official City Sponsor of Walk with a Doc Berkeley 
    From: Councilmember Moore 
    Recommendation: Approve City sponsorship of Walk with a Doc, Berkeley. 
    Financial Implications: Unknown. Revised to Minimal. 
    Contact: Darryl Moore, Councilmember, District 2, 981-7120 
    Action: Approved recommendation.
  1.  Official City Sponsor of Heart to Heart Health Day 
    From: Councilmember Moore 
    Recommendation: Approve City sponsorship of Heart to Heart Health Day. 
    Financial Implications: Unknown. Revised to Minimal. 
    Contact: Darryl Moore, Councilmember, District 2, 981-7120 
    Action: Approved recommendation.
  1.  Commemorating the 50th Anniversary of the Wilderness Act and the Creation of the National Wilderness Preservation System
    From: Councilmember Capitelli 
    Recommendation: Adopt a Resolution commemorating the 50th Anniversary of the Wilderness Act and the creation of the National Wilderness Preservation System (NWPS). 
    Financial Implications: None 
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 
    Action: Adopted Resolution No. 66,495–N.S.
  1.  Option Recovery Services - Seeking Justice in America Fund Raising Event:  Relinquishment of Council Office Funds in General Fund and Grant of Such Funds 
    From: Councilmembers Wengraf and Maio 
    Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $100 per Councilmember, including Councilmember Wengraf, to Options Recovery Services for its Seeking Justice in America Event with funds relinquished to the City's General Fund for this purpose from the discretionary Council Office Budget of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute. 
    Financial Implications: Councilmember's Discretionary Fund - $100 
    Contact: Susan Wengraf, Councilmember, District 6, 981-7160 
    Action: Adopted Resolution No. 66,496–N.S. revised to include contributions from the following Councilmembers up the amounts listed: Mayor Bates - $100; Councilmember Maio - $100; Councilmember Wengraf - $100; Councilmember Arreguin - $100.
  1.  Prohibiting the Sale of Tobacco Products in Establishments with Pharmacies 
    From: Councilmembers Wengraf and Capitelli 
    Recommendation: Request that the City Manager draft an ordinance that would prohibit the sale of tobacco and tobacco related products in stores that also sell prescription medications and return to Council by June, 2014 for City Council consideration. 
    Financial Implications: Staff time 
    Contact: Susan Wengraf, Councilmember, District 6, 981-7160 
    Action: Approved recommendation.
  1.  Proclamation that March is Pedestrian Safety Month in Berkeley 
    From: Councilmember Worthington 
    Recommendation: Adopt a proclamation that March is Pedestrian Safety Month. 
    Financial Implications: None 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
    Action: Adopted proclamation.
  1.  Proclamation in Honor of the 12th Annual Holocaust Remembrance Day Event 
    From: Councilmembers Worthington and Wengraf 
    Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the 12th Annual Holocaust Remembrance Day event. 
    Financial Implications: None 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
    Action: Adopted proclamation.  Councilmember Anderson added as a co-sponsor.
  1.  Holocaust Remembrance Day Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
    From: Councilmembers Worthington and Wengraf 
    Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including up to $1,000 from Councilmembers Worthington and Wengraf, to support the Holocaust Remembrance Day Event with funds relinquished to the City's general fund for this purpose that the City of Berkeley is able to invite and support the community on this event from Councilmember Kriss Worthington’s and Councilmember Susan Wengraf’s discretionary Council Office Budgets and any other Councilmembers who would like to contribute. 
    Financial Implications: Councilmembers' Discretionary Funds - $1,000 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
    Action: Adopted Resolution No. 66,497–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Anderson - $300; Councilmember Wengraf - $500; Councilmember Worthington - $500.
  1.  City Manager, Zero Waste Commission, and Community Environmental Advisory Commission Referral: Gas Pump Warning Labels 
    From: Councilmember Worthington 
    Recommendation: Refer to the City Manager, Zero Waste Commission, and Community Environmental Advisory Commission to create an ordinance that requires climate-conscious warning labels be posted on gas pumps. 
    Financial Implications: Unknown 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
    Action: Approved recommendation. Amended to replace Zero Waste Commission with the Energy Commission.  Councilmembers Moore and Arreguin added as co-sponsors.
 Action Calendar – Public Hearing
  1. ZAB Appeal: 3001 Telegraph Avenue - Part 1
    ZAB Appeal: 3001 Telegraph Avenue - Part 2
    ZAB Appeal: 3001 Telegraph Avenue - Part 3
    ZAB Appeal: 3001 Telegraph Avenue - Part 4
    Attachment 6 - Admin Rec
    From: City Manager 
    Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution approving Administrative Use Permit No. 13-20000024 to establish a quick-service food use within an existing 2,063 sq. ft. commercial tenant space with hours of operation from 5:30 a.m. to 9 p.m. daily and to waive the three off-street parking spaces that would be required with a change of use from general commercial to a food service use, and dismiss the appeal. 
    Financial Implications: None 
    Contact: Eric Angstadt, Planning and Development, 981-7400

a. Appeal

  1. Andrew Johnson on behalf of the Bateman Neighborhood Association, and James Smith

b. Communications 
      None

Public Testimony: The Mayor opened the public hearing.  49 speakers. 
M/S/C (Anderson/Wozniak) to close the public hearing. 
Vote: All Ayes.

Action:  M/S/C (Arreguin/Anderson) to deny the Administrative Use Permit with the basis for denial as follows:  1) based on the overwhelming testimony of adjacent business owners and residents, the proposed use will exacerbate the existing parking problems in the immediate area, 2) the proposed use may increase traffic in the immediate area by individuals circling around the block to find available parking spaces, thereby adversely affecting emergency vehicle access to Alta Bates Hospital and 3) on the basis of the impacts of parking and traffic the city cannot find that the use is not detrimental. 
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Worthington, Bates; Noes – None; Abstain – Moore, Wengraf, Wozniak.

 

Action: M/S/C (Bates/Arreguin) to suspend the rules and extend the meeting to 11:30 p.m. 
Vote: Ayes – Maio, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – Moore.

  

Recess: 10:34 p.m. – 10:44 p.m.

 Action Calendar – Old Business
  1. a. Referendum Petition Regarding Redistricting Ordinance (Continued from February 25, 2014 with exception of 16a.1) 
    From: City Manager 
    Recommendation:  
    1. Accept the City Clerk’s Certification of sufficiency for the Referendum Petition regarding Ordinance No. 7,320-N.S. Authorizing the Adjustment of Berkeley 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.  (Approved on February 25, 2014) 
    2. Take action on the referendum petition to: 
    a) Repeal Ordinance No. 7,320-N.S. in its entirety. 
    -OR- 
    b) Adopt a Resolution 1) calling a Special Municipal Election to be consolidated with the June 3, 2014 Statewide Primary Election, 2) establishing policies and timelines for filing ballot measure arguments, and 3) submitting Ordinance No. 7,320-N.S. to a vote of the electors at the June 3, 2014 Special Municipal Election. 
    3. If an election is called, determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282. 
    Financial Implications: See report 
    Contact: Mark Numainville, City Clerk, 981-6900

16.    b. Redistricting Referendum Petition: Repeal Ordinance No. 7,320 and Consideration of Alternative Redistricting Maps (Continued from February 25, 2014) 
From: Councilmembers Arreguin, Worthington, and Anderson 
Recommendation: 
1. Adopt an Ordinance rescinding in its entirety Ordinance No. 7,320 N.S. “Authorizing the Adjustment of Berkeley 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.”, adopted by the Berkeley City Council on December 17, 2013. 
2a. Adopt first reading of an Ordinance created from the United Student District Amendment 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 (Attachment 2). 
-OR- 
2b. Direct staff to review one or more of the attached redistricting plans for consistency with state and local law requirements, and develop ordinance(s) for Council adoption to be brought back to the City Council on or before the April 1, 2014 meeting. 
Financial Implications: See report 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 

Action: 12 speakers.  M/S/Failed (Arreguin/Maio) to continue the item to March 25, 2014. 
Vote: Ayes – Maio, Anderson, Arreguin, Worthington; Noes – Capitelli, Wengraf, Wozniak, Bates; Abstain – Moore.

Action: M/S/C (Bates/Wozniak) to place Ordinance 7,320-N.S. on the November 4, 2014 ballot pursuant to the provisions for a referendum in the City Charter and the Elections Code and to retain outside legal counsel to file an action in court to determine which district boundaries will be used for the November 4, 2014 General Municipal Election.  
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

  1.  City Manager Referral: Have Non-sworn (civilian) Employees Investigate After-hour Noise Complaints (Continued from December 17, 2013) 
    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 
    Action: Item held over to April 29, 2014 by Councilmember Worthington.
 Action Calendar – New Business
  1.  Approval of the Alameda County Transportation Expenditure Plan 
    Presentation
    From: City Manager 
    Recommendation: Adopt a Resolution approving the 2014 Alameda County Transportation Expenditure Plan and recommendation for the Board of Supervisors to place a 30-year extension and augmentation of the existing transportation sales tax on the November 4, 2014 general election ballot. 
    Financial Implications: See report 
    Contact: Andrew Clough, Public Works, 981-6300 
    Action: 1 speaker. M/S/C (Worthington/Capitelli) to adopt Resolution No. 66,498–N.S. approving the 2014 Alameda County Transportation Expenditure Plan and recommendation for the Board of Supervisors to place a 30-year extension and augmentation of the existing transportation sales tax on the November 4, 2014 general election ballot. 
    Vote: All Ayes.

   Council Action Items

  1.  City Manager and Zero Waste Commission Referral: Create an Ordinance to Require All Berkeley Food Establishments to Use Compostable Food Service Containers and Utensils 
    From: Councilmember Worthington 
    Recommendation: Refer to the City Manager and Zero Waste Commission to create an ordinance to require all food establishments in Berkeley to use compostable containers and utensils for all food service activities.  Materials that would qualify under this ordinance would be paper and cardboard containers, as well as containers and utensils made from compostable plant-based plastics (PLA).  The mandate should specify the use of "compostable", as opposed to "biodegradable" materials, as well as "plant-based plastics (PLA)," as opposed to "plant starch plastics," which are not compostable. 
    Financial Implications: Minimal 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
    Action: Moved to Consent Calendar.  Amended to include a request that City staff analyze the cost for monitoring and that the Commission solicit feedback from food service establishments.
 Information Reports

  

  1.  Updating Public of Changes to Agenda After Consent Calendar 
    From: City Manager 
    Contact: Mark Numainville, City Clerk, 981-6900 
    Action: Received and filed.
  1.  Survey of Salaries for Mayor and Members of the Council
    From: City Manager 
    Contact: William Rogers, City Manager’s Office, 981-7000 
    Action: Received and filed.
  1.  Report on Employee Safety and Workers' Compensation FY 2013 
    From: City Manager 
    Contact: David Abel, Human Resources, 981-6800 
    Action: Received and filed.
  1.  Governor Jerry Brown Presents the HERO Program with the Governor’s Environmental and Economic Leadership Award (“GEELA”) 
    From: Councilmember Worthington 
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
    Action: Received and filed.
 

Public Comment – Items Not Listed on the Agenda – 0 speakers.

Adjournment

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

Adjourned at 11:24 p.m.

Adjourned in Memory of: 

  • Mark Ketchum, Noted Engineer and Bridge Designer
  • Ron Nelson, Former Berkeley Chief of Police

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.

Youth Musical Theater Company

  1. Graham Chisholm
  2. Laura Soble

CNA Newsletter

  1. Ted Edlin

Supplemental Communications and Reports 1

Item 15: ZAB Appeal: 3001 Telegraph Avenue

  1. Susan Iida
  2. John Kevlin, Reuben Junius & Rose LLP

Item 16b: Redistricting Referendum Petition: Repeal Ordinance No. 7,320 and Consideration of Alternative Redistricting Maps

  1. George Beier

Supplemental Communications and Reports 2

Item 14: City Manager, Zero Waste Commission, and Community Environmental Advisory Commission Referral: Gas Pump Warning Labels

  1. Sierra Club Northern Alameda County Group

Item 15: ZAB Appeal: 3001 Telegraph Avenue

  1. Shirley Dean
  2. Michael Isaacs
  3. Susan Bury
  4. Nancy Carleton (2)

Item 16b: Redistricting Referendum Petition: Repeal Ordinance No. 7,320 and Consideration of Alternative Redistricting Maps

  1. George Beier (3)
  2. Stefan Elgstrand

Item 17: City Manager Referral: Have Non-sworn (civilian) Employees Investigate After-hour Noise Complaints

  1. Beverly Doane
  2. South/East Berkeley Neighbors

Supplemental Communications and Reports 3

Item 8: Commemorating the 50th Anniversary of the Wilderness Act and the Creation of the National Wilderness Preservation System

  1. Olga Bolotina, on behalf of the Sierra Club Northern Alameda County Group

Item 15: ZAB Appeal: 3001 Telegraph Avenue

  1. James Smith & Andrew Johnson
  2. Stephen Newhouse
  3. Fehr & Peers
  4. Unknown

Item 16b: Redistricting Referendum Petition: Repeal Ordinance No. 7,320 and Consideration of Alternative Redistricting Maps

  1. Jesse Arreguin, District 4

Item 18: Approval of the Alameda County Transportation Expenditure Plan

  1. Alameda County Transportation Commission

Sexual Slavery

  1. Unknown (2)

Vacant Properties

  1. M. Eid Abdallah

Animal Trapping

  1. Unknown (2)

Women’s History of 2014 Gazette

  1. Unknown
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