General Information
General Information

 

Regular Meeting eAgenda
April 1, 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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REVISED AGENDA

(ADDED CONTINUED ITEMS FROM MARCH 25, 2014)

BERKELEY CITY COUNCIL MEETING

Tuesday, April 1, 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.

Consent Calendar – Continued Business

A.  Lease Agreement: sodoi coffee, inc. at 2438 Durant Avenue (Continued from March 25, 2014)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,329-N.S. authorizing the City Manager to execute a lease agreement with sodoi coffee, inc. for an initial term of May 1, 2014 through April 30, 2024, with an option to extend for an additional 5 years, for the purpose of operating retail and e-commerce sales of coffee beans, sales and rentals of coffee-making equipment, and seminars at 2438 Durant Avenue in the Telegraph Channing Mall.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

B.  Lease Agreement: Waterside Workshops for the Property at 90 Bolivar Drive, Aquatic Park (Continued from March 25, 2014)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,330-N.S. authorizing the City Manager to execute a lease agreement with Waterside Workshops for the use and management of the City’s property at 90 Bolivar Drive in Aquatic Park for a term of five years with one five-year option.
First Reading Vote: Ayes – Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Absent – Maio
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

C.   Lease Agreement: Youth Musical Theater Company for the Property at 2925 and 2945 Bolivar Drive, Aquatic Park (Continued from March 25, 2014)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,331-N.S. authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (“YMTC”) for the use and management of the City’s properties at 2925 and 2945 Bolivar Drive in Aquatic Park for a term of five years with one five-year option.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

Consent Calendar

1.   Contract: Lawyers for America Program
From: City Manager
Recommendation: Adopt two Resolutions:
1. Authorizing the City Manager to enter into a Memorandum of Agreement with the Lawyers for America program.
2. Authorizing the City Manager to enter into a Field Agency Agreement with Hastings College of the Law.
Financial Implications: Public Liability Fund - $81,000
Contact: Zach Cowan, City Attorney, 981-6950

2.   Deferral and Eventual Waiver of Building Permit Fees to Assist Two Auto Dealerships to Remain in Berkeley
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to defer building permit fees for improvements required for Berkeley Honda to move to 1500 San Pablo and for U.S. Auto Group to convert the former Volvo dealership at 2700 Shattuck to a Chrysler-Dodge-Jeep-Ram dealership; waive these fees upon completion of the projects; and replace lost Permit Service Center revenue from the General Fund Reserve.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

3.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on April 1, 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 - $3,026,250
Contact: Robert Hicks, Finance, 981-7300

4.   Transfer Tax Refund for the Berkeley Scattered Site Development
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to grant $116,262 each to the Berkeley Housing Authority and Berkeley 75 Housing Partners, L.P., in the form of a total transfer tax refund of $232,525, in support, respectively, of the operations of the Berkeley Housing Authority and the rehabilitation of the Berkeley Scattered Site development.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

5.   Grant Application: Accepting Funds and Authorizing Certified Local Government Grant Application to the California Office of Historic Preservation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City manager to accept funds from Equity Residential in the amount of $20,000, to be used as matching funds in a Certified Local Government (CLG) grant application to the California Office of Historic Preservation (OHP) for the Downtown Shattuck Avenue Commercial Corridor Refined Historic Context and Intensive-level Survey Project (Project).
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

6.   Contract: Maloney Construction, Inc. for Culvert Replacement at 1836 Sonoma
From: City Manager
Recommendation: Adopt a Resolution: 1.  Approving the plans and specifications for the Culvert Replacement Project at 1836 Sonoma, Specification No. 13-10750; and 2.  Accepting the bid of the lowest responsive and responsible bidder, Maloney Construction, Inc.; and 3.  Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with approved plans and specifications, in an amount not to exceed $238,152.
Financial Implications: Various Funds - $238,152
Contact: Andrew Clough, Public Works, 981-6300

7.   Contract: Gallagher & Burk, Inc. for Street Rehabilitation FY 2014 Phase 2
From: City Manager
Recommendation: Adopt a Resolution: 1.  Approving plans and specifications for the Street Rehabilitation FY 2014 Phase 2 Project, Specification No. 14-10824-C;  2.  Accepting the bid of Gallagher & Burk, 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 $2,646,492.
Financial Implications: Various Funds - $2,646,492
Contact: Andrew Clough, Public Works, 981-6300

8.   Contract: Tanko Lighting for Street Lighting Conversion to Light Emitting Diodes
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project with Tanko Lighting for the City's Street Lighting Conversion to Light Emitting Diodes (LED) in an amount not to exceed $3,213,170.
Financial Implications: California Energy Commission Fund - $3,213,170
Contact: Andrew Clough, Public Works, 981-6300

Council Consent Items

9.   Conversion of Loading Zones on Telegraph Avenue between Bancroft Avenue and Dwight Way into Regular Metered Parking with Morning Commercial-Loading Hours
From: Mayor Bates
Recommendation: The City Manager should examine the costs and time associated with yellow-zone conversion and present to the City Council a cost and implementation plan including recommended hours for restricted commercial loading.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100

10.  “A Night in Berkeleywood” A Fundraising Event for the Berkeley Film Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,200 per Councilmember including $1,200 from Mayor Bates for the Berkeley Film Foundation through the Berkeley Convention & Visitors Bureau as the fiscal sponsor of “A Night in Berkeleywood”, 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: Mayor’s Discretionary Fund - $1,200
Contact: Tom Bates, Mayor, 981-7100

11.  Berkeley Early Music Festival and Exhibition: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including Mayor Bates, to the San Francisco Early Music Society for a fundraising event on April 6, 2014 for their biennial Berkeley Early Music Festival and Exhibition in June 2014 with funds relinquished to the City's General Fund for this purpose from the discretionary Office Budget of the Mayor and any other Councilmembers who would like to contribute.
Financial Implications: Mayor’s Discretionary Fund - $1,000
Contact: Tom Bates, Mayor, 981-7100

12.  Berkeley Public Schools Fund: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $170 per council member, including $170 from Councilmember Maio, to the Berkeley Public Schools Fund with funds relinquished to the city's general fund for this purpose from the discretionary council office budget of Councilmember Maio and any other council members who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $170
Contact: Linda Maio, Councilmember, District 1, 981-7110

13.  Official City Sponsor of the Many Faces One Dream San Francisco Bay Area Event
From: Councilmember Moore
Recommendation:
1. Approve City sponsorship of the Many Faces One Dream San Francisco Bay Area Event; and
2. Adopt a Resolution designating April 21st and 22nd as “Many Faces. One Dream. Tour” Days in the City of Berkeley.
Financial Implications: Councilmember's Discretionary Fund - $170
Contact: Darryl Moore, Councilmember, District 2, 981-7120

14.  Referral to City Manager: Social Media Policy
From: Councilmembers Arreguin and Wozniak
Recommendation: Refer to the City Manager the Social Media Policy adopted by the elected Rent Stabilization Board for consideration in developing a policy for City departments, and  direct the City Manager to provide a report to Council on staff efforts to create a Social Media Policy and an implementation plan for use of social media by City departments.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

15.  City Manager Referral: Installation of Automatic External Defibrillators (AEDs) in City Buildings
From: Councilmember Worthington
Recommendation: Refer to the City Manager consideration of installation of automatic external defibrillators (AEDs) in the city's most utilized buildings to save lives.
Financial Implications: Up to $33,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  City Manager Referral: Consider the “TotalTrack” and “PowerPlus” Packages in the LeadsOnline Program
From: Councilmember Worthington
Recommendation: Refer to the City Manager to consider upgrading the current LeadsOnline program, “FastFind,” to more comprehensive options such as “TotalTrack” or “PowerPlus.”
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

17.  Proclamation Honoring the Post News Group's 50 Year Anniversary
From: Councilmember Worthington
Recommendation: Adopt the Proclamation Honoring the Post News Group's 50 Year Anniversary.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

18.  Supporting Federal Bankruptcy Venue Law Reform
From: Councilmember Worthington
Recommendation: Adopt a Resolution and send a letter to the California Legislature asking them to support reforming the current venue laws in section 1408 of title 28 of the United States Code.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

19.  Proclamation Celebrating the 45th Anniversary of Berkeley Free Clinic
From: Councilmember Worthington
Recommendation: Adopt a proclamation celebrating the 45th Anniversary of Berkeley Free Clinic.
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 – New Business

 20.  Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2014 General Election  
From: City Manager
Recommendation: 
1. Provide direction to the City Manager about whether to conduct a second community survey and if so, what to include in that survey;
2. Adopt a Resolution amending Contract No. 9569 with Lake Research and Associates to increase the contract amount by $2,210 for a total not to exceed amount of $51,710 for the purpose of conducting a second survey;
3. Provide direction to the City Manager about possible funding mechanisms and whether to initiate notice requirements for a Community Facilities District.
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000

21.  Amendments to BMC Chapter 13.42: Operating Standards for Mini-Dorms
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.42 to change the definition of mini-dorm, expand the zones in which the mini-dorm rules apply to coincide with the zones where the City has discretionary review of additional bedrooms and define what constitutes an unruly gathering.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

22.  AC Transit Line 51 Corridor Delay Reduction and Sustainability Project, Phase 2 Improvements
Presentation
From: City Manager
Recommendation:
1.  Review and approve the Phase 2 project elements of the AC Transit Line 51 Corridor Delay Reduction and Sustainability Project.
2.  Adopt a Resolution authorizing the City Manager to: a.  Approve an encroachment permit for AC Transit and its contractors to perform the construction activities within the City right-of-way, contingent upon City engineering review and approval; and  b.  Negotiate and approve a Memorandum of Understanding, including encroachment permits, as necessary, to enable AC Transit and its contractor(s) to perform all operation and maintenance activities to AC Transit transit signal priority equipment deployed by the project within the City.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

23.  $52,000 Theft: More Can Be Expected Without Citywide Changes in Culture and Procedures
Presentation
From: Auditor
Recommendation: Accept the recommendations in the audit report and request that the City Manager report back on October 7, 2014, and every six months thereafter until management reports full implementation of all recommendations.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

24.  a. Increase to the Minimum Wage in Berkeley
Supplemental materials
From: Commission on Labor
Recommendation:
 
1. Adopt first reading of an Ordinance amending the Berkeley Municipal Code to establish a municipal minimum wage ordinance affecting all workers employed within the City of Berkeley (as other California cities have done), that will: a.  Tie the minimum wage to the Consumer Price Index via annual adjustment. b.  Include a medical benefit requirement to ensure workers' access to adequate health care. c.  Establish the minimum wage in line with the living wage, starting at $10.74.
2. That the City take action to investigate, pursue, and implement other complementary policies identified during the research and deliberation around the proposed minimum wage ordinance. The purpose of these policy recommendations is to stimulate a sustainable and ethical local economy while protecting and promoting the welfare of Berkeley’s unique small business community.
Financial Implications: See report
Contact: Delfina Geiken, Commission Secretary, 981-5400

b. Minimum Wage Ordinance
From: City Manager
Recommendation:
Review and consider information regarding the activities and costs associated with implementing and enforcing the Commission on Labor's proposed Minimum Wage Ordinance, the impact of the proposed ordinance on the City's YouthWorks program, the connection with business licenses, and the potential impacts on community-based organizations, the In-Home Support Services (IHSS) program, and categories of workers exempted from the Living Wage Ordinance.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Information Reports

25.  Supplemental Information: Parks, Recreation, and Waterfront Department Cash Handling Audit
From: City Manager
Contact: Christine Daniel, City Manager, 981-7000

26.  Community Services Block Grant (CSBG) Monitoring Report by the California Department of Community Services and Development
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

27.  Facility Condition Assessments and Maintenance Management Options for Parks Recreation & Waterfront, and Public Works Departments
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

28.  Berkeley Based Budgeting: Report from Goldman School of Public Policy Students
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

Public Comment – Items Not Listed on the Agenda – 

Adjournment in memory of:

1.    Henry Ramsey Jr.

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 March 20, 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.

Item 24b: Minimum Wage Ordinance
1.    Human Welfare & Community Action Commission

2610 Hillegass
2.    George Beier (2)

Food Carts on College/Bancroft
3.    Daryl Ross

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