General Information
General Information

 

Regular Meeting eAgenda
May 6, 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 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

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REVISED AGENDA
 
(ADDED CONTINUED ITEM FROM APRIL 29, 2014)

(ADDED CONTINUED ITEM FROM MAY 1, 2014)
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, May 6, 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.

1.   Amendment: FY 2014 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2014 Annual Appropriations Ordinance No. 7,312–N.S. for fiscal year 2014 based upon other adjustments in the amount of $16,162,081 (gross) and $11,171,414 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

2.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on May 6, 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: Sanitary Sewer Operation Fund - $450,000
Contact: Robert Hicks, Finance, 981-7300

3.   Supplemental Military Leave Compensation Policy
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2015 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months for employees called up to involuntary active military service.
Financial Implications: No current impact
Contact: David Abel, Human Resources, 981-6800

4.   Designating City's Labor Negotiators Under Govt. Code Section 564957.6
From: City Manager
Recommendation: Adopt a Resolution establishing a standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with certain unions and unrepresented employees and rescinding Resolution No.65,961-N.S.
Financial Implications: None
Contact: David Abel, Human Resources, 981-6800

5.   Memorandum of Understanding: Berkeley Fire Fighters Association/I.A.F.F. Local 1227
From: City Manager
Recommendation: Adopt a Resolution approving a new three (3) year Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (hereafter referred to as the “Association”) with a term of June 24, 2012 through June 30, 2015 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

6.   Classifications: Fire Captain I and Fire Captain II
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,980-N.S., Classification and Salary Resolution for Berkeley Fire Fighters Association Local 1227 I.A.F.F., to revise and re-title the Fire Captain classification to Fire Captain I; to establish the classification of Fire Captain II with a salary range of $8,949 - $9,864 per month effective May 11, 2014; and to abolish the classifications of Fire Lieutenant and Fire Lieutenant Training.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

7.   Appointment of Cameron Silverberg to the Mental Health Commission
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the appointment of Cameron Silverberg to the Mental Health Commission, as a representative of the special public interest category, for a three year term beginning May 7, 2014 and ending May 6, 2017.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100 

Council Consent Items
 
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $10,000 per Councilmember, including up to $10,000 from Mayor Bates to the Telegraph Business Improvement District (TBID) to support beautification efforts on Telegraph Avenue 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 Funds - $10,000
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmembers Moore, Anderson, and Capitelli
Recommendation: Adopt a Resolution supporting SB 1000, the Sugar Sweetened Beverage Safety Warning Act.  That the City Clerk sends a copy of the Council action with the resolution to Assemblymember Nancy Skinner, Speaker of the Assembly Toni Atkins, Senator Bill Monning, Senator Loni Hancock and Senate President pro Tem Darrell Steinberg.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmembers Arreguin and Moore
Recommendation: Refer to the City Manager and Transportation Commission to study and implement appropriate traffic calming measures on Sacramento Street between University and Dwight Way to improve pedestrian safety particularly at non-signaled crossings at Sacramento/Addison; Sacramento/Bancroft; and Sacramento/Channing.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Arreguin, Maio, and Wengraf
Recommendation: Adopt a Resolution in support of Senate Bill (SB) 967, authored by Senators Kevin de Leon and Hannah-Beth Jackson, which would require the governing boards of postsecondary institutions in California to each adopt an updated policy concerning campus sexual violence, domestic violence, dating violence and stalking. Copies of the Resolution are to be sent to Governor Jerry Brown, State Senators Loni Hancock, Kevin de Leon, and Hannah-Beth Jackson, Assemblymember Nancy Skinner, and University of California President Janet Napolitano.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation:
1. Adopt a Resolution supporting Senate Bill (SB) 1381, authored by Senator Noreen Evans, which would require the labeling of all genetically engineered foods sold at retail in the state of California.  Copies of the Resolution are to be sent to Governor Jerry Brown, State Senators Loni Hancock and Noreen Evans, and Assemblymember Nancy Skinner.
2. Recommend to the City Manager, Community Environmental Advisory Commission and the Community Health Commission that they withhold a recommendation on a local GMO labeling requirement pending the outcome of SB 1381
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution in support of Senate Bill (SB) 1132, authored by Senators Holly Mitchell and Mark Leno, which would place a moratorium on the use of hydraulic fracturing to extract oil and gas until further study that finds no risk to or impairment of public health and the environment.  Copies of the Resolution are to be sent to Governor Jerry Brown, State Senators Loni Hancock, Holly Mitchell, Mark Leno, and Assemblymember Nancy Skinner.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution: 1.  Approving the expenditure of an amount not to exceed $625 per Councilmember including an amount not to exceed $625 from Councilmember Arreguín, to the Downtown Berkeley Association for the Eats, Beats & Brews Block Party with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Arreguín and any other Councilmembers who would like to contribute. 2.  Approving City co-sponsorship of the Downtown Berkeley Association Eats, Beats & Brews Block Party to be held every Sunday in June 2014 on Center Street in Downtown Berkeley.
Financial Implications: Councilmember Discretionary Funds - $625
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Capitelli, Wozniak, and Moore
Recommendation: Request that the City Manager research and report back to the City Council regarding the history, potential benefits, impacts and possible unintended consequences of allowing Berkeley police to carry and use tasers.  Include in the report information regarding other jurisdictions' "best practices" and protocols, an analysis of changes in technologies, and the feasibility of doing a pilot program. The City Manager should also consult with the Police Review Commission.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Worthington
Recommendation: Oppose AB 2145, the “Monopoly Protection Bill,” severely limiting community choice aggregation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a proclamation honoring Avotcja Jiltonilro with the Lifetime Achievement Award in Poetry.
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 – Public Hearing

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.

18.  FY 2015 Street Light Assessment
From: City Manager
Recommendation: 
1. Conduct a public hearing and upon conclusion, adopt a Resolution: a. Confirming the assessments in the Engineer's Report, dated January 2014; and b. Authorizing the levying of FY 2015 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
2. Adopt a Resolution revising the procedures for establishing and increasing benefit assessments on real property under Proposition 218 and rescinding Resolution No. 65,235-N.S.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300 

Action Calendar – Continued Business
  1.  Supporting CALPIRG's Proposed November City Ballot Measure to End Corporate Personhood (Continued from April 29, 2014)
    Revised materials 
     
    From: Councilmembers Worthington, Moore, and Arreguin 
    Recommendation: Adopt a Resolution to begin consideration of placing a measure on the November 4, 2014 election ballot asking whether the people of Berkeley support a constitutional amendment to abolish corporate personhood and the doctrine of money as speech, thereby allowing voters to express their opinion on the proposition. 
    Financial Implications: $9,000
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

B.  a. Increase to the Minimum Wage in Berkeley  (Continued from May 1, 2014)
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 (Continued from May 1, 2014)
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

 c. Minimum Wage Ordinance – Revised Draft Chapter 13.99 (Continued from May 1, 2014)
From: Councilmember Capitelli
Recommendation: Adopt first reading of proposed Minimum Wage Ordinance.
Financial Implications: See Items B.a. and B.b.
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

 
Action Calendar – Old Business
 
19.  New Location for City Council Meetings (Continued from March 25, 2014)
From: City Manager
Contact: Mark Numainville, City Clerk, 981-6900
 
Action Calendar – New Business
 
From: City Manager
Recommendation: Discuss results of the second community survey and provide direction to the City Manager about the drafting of possible revenue measures for inclusion on the November 2014 ballot.
Financial Implications: None
Contact: William Rogers, City Manager’s Office, 981-7000
 
21.**Removed by City Manager**Amending Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire
Contact: William Rogers, City Manager’s Office, 981-7000
 
From: Community Health Commission
Recommendation: Adopt a Resolution requiring the design of the Berkeley Downtown BART renovation to incorporate at least one innovative social marketing outlet to promote health messages to support the nation's Healthy People 2020 objectives to eliminate health disparities and specifically to address the health disparities in the City of Berkeley.
Financial Implications: See report
Contact: Gail Feldman, Commission Secretary, 981-5100
 
From: City Manager
Recommendation:
1.  Direct the City Manager to work with the BART design staff to ensure that a designated share of message delivery time and/or space on any messaging component of the BART plaza renovation is made available for messaging from City public health.
2.  Direct the Civic Arts Commission to consider including public health messaging as part of the Public Art Fund component of the BART plaza renovation plan.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 

Council Action Items
 
From: Councilmember Arreguin
Recommendation: Request that the City Manager to work with stakeholders to explore the possibility of a garden within one of the medians located on Sacramento Street between University Avenue and Dwight Way beginning as soon as 2015 with limited preparation work in the interim that includes testing soil samples and growth methods.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
Information Reports
 
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
 
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
 
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 April 24, 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 10: Referral to City Manager/Transportation Commission: Pedestrian Safety on Sacramento Street between University and Dwight
1.    Arnold Passman
2.    Juliet Lee
3.    Mark Jacobs
4.    Virginia Warheit
5.    Jeanne Hammond
6.    Cymbre Potter
7.    Stevanne Auerbach

Item 15: Requesting a Report on the Possible Use of Tasers by Berkeley Police Department
8.    Andrea Prichett
9.    Carol Denney

Item 20: Presentation and Discussion of Second Community Survey Results and Direction About Next Steps for Possible Ballot Measure Development
10. Brian Viani
11. Sue Martin
12. Brad Gai
13. John Wang
14. Glen Stevick
15. Elizabeth Scherer
16. Suh Shyu
17. Ing Hsi Shyu
18. Thomas Goetze
19. Brad Koch
20. Ardra Brodale

Financing Shared Services
21. Eric Friedman

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