Regular Meeting eAgenda
February 25, 2014

 

 Printer-friendly PDF* agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 25, 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.   Sale of Property: Old Animal Shelter at 2013 2nd Street 
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,326-N.S. 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.
First reading vote: All Ayes.
Financial Implications: See report
Contact: William Rogers, City Manager’s Office, 981-7000

2.   Storm Easement Deed Agreement at 1836 Sonoma Avenue
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,327-N.S. 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.
First reading vote: All Ayes.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300

3.   Lease: Old City Hall Annex to Options Recovery Services
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,328-N.S. authorizing the City Manager to execute a 5-year lease agreement with two 5 year options, and any amendments thereto, with Options Recovery Services for real property located at 1835 Allston Way.
First reading vote: All Ayes.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

4.   Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 9, 2014 (special closed), January 14, 2014 (special closed), January 21, 2014 (special and regular) and January 28, 2014 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

5.   Donation:  Stephen and Mary Birch Foundation, the Raymond Family Foundation, and Every Dog has Its Daycare to the Dona Spring Animal Shelter
From: City Manager
Recommendation: Adopt a Resolution accepting a donation from the Stephen and Mary Birch Foundation in the sum of $10,000, the Raymond Family Foundation in the sum of $7,500 and Every Dog has its Daycare in the sum of $1,850.
Financial Implications: $19,350 (Donation)
Contact: William Rogers, City Manager’s Office, 981-7000

6.   Interest Rate Adjustment for Strawberry Creek Lodge Permanent Financing, 1320 Addison Street
From: City Manager
Recommendation: Adopt a Resolution waiving Section V.B.2 of the Housing Trust Fund Guidelines to provide a permanent loan interest rate up to the Applicable Federal Rate, current at construction loan closing, compounding annually.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

7.   Contract No. 8865A Amendment: Accela, Inc. for Professional Services and Software Maintenance 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8865A with Accela, Inc. for professional services and software maintenance, increasing the amount by $381,199, for a total not to exceed $803,949, from December 12, 2011 to June 30, 2016.
Financial Implications: Various Funds - $381,199
Contact: Donna LaSala, Information Technology, 981-6500

8.   Donation: Memorial Bench at Cesar Chavez Park
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 from the family of Marian Francis Schouler Robinson for a memorial bench to be placed in Cesar Chavez Park.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

9.   Grant Proposal to the California Strategic Growth Council
From: City Manager
Recommendation: Adopt a Resolution approving the filing of an application to the California Strategic Growth Council for a project designed to integrate environmental sustainability considerations into the City of Berkeley zoning permit approval process in order to become a sustainable community; and agreeing to certain terms and conditions as required by the granting agency and outlined in the resolution; and authorizing the City Manager to, if the grant is awarded, execute a contract and any amendments with the California Strategic Growth Council for the approximate period July 1, 2014, through June 30, 2017, in the amount of approximately $75,000 in revenues for the purpose of further integrating environmental sustainability considerations into the City’s zoning permit approval process.
Financial Implications: Approximately $75,000 (Grant)
Contact: Eric Angstadt, Planning and Development, 981-7400

10.  Contract: Association of Bay Area Governments for Participation in the Bay Area Proposition 84 Integrated Regional Water Management Grant, to Construct the San Pablo Avenue Green Stormwater Spine Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute an agreement and any amendments with the Association of Bay Area Governments (ABAG) to participate in the Bay Area Proposition 84 Integrated Regional Water Management (IRWM) Grant to construct the portion of the San Pablo Avenue Green Stormwater Spine (SPAGSS) Project within the Berkeley City Limits.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

11.  Funding for an Expanded Pre-K Power Play Program (Power Play)
From: Children, Youth, and Recreation Commission
Recommendation: Refer to the City Manager to identify funding for an expansion of the Pre-K Power Play Program from 300 to 500 families, at a total program cost of $437,000 per year.
Financial Implications: $437,000
Contact: Christina Erickson, Commission Secretary, 981-6703


 Council Consent Items

12.  Amendments to Special Event Ordinances and Fee Structures to Provide for Multiple-Use Event Permits
From: Mayor Bates
Recommendation: Refer to the City Manager to review the City's current event ordinances and fee structures and return to the Council with a multiple-use event permit (where conditions of the permit remain the same at subsequent events) for City of Berkeley sponsored events.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100

13.  “A Night in Berkeleywood”: 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 to the Berkeley Film Foundation, the fiscal sponsor of "A Night in Berkeleywood", a fundraising event for the Berkeley Film Foundation, 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 Funds - $1,200
Contact: Tom Bates, Mayor, 981-7100

14.  Grant Councilmember Darryl Moore an Excused Absence for the January 28, 2014 City Council Meeting
From: Councilmember Moore
Recommendation: Grant an excused absence for Councilmember Darryl Moore for the City Council meeting on January 28, 2014 due to his participation in an officially sponsored Berkeley delegation to El Salvador.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

15.  Strengthen Youth Tobacco Prevention
Revised materials 
From: Councilmembers Moore and Anderson
Recommendation: Direct the City Manager to increase the minimum distance where all flavored tobacco (including menthol) products are banned from sale within a 500 ft radius from any school and direct the City Manager to provide changes to Berkeley’s current tobacco regulations that might decrease youth tobacco use and uptake, including additional regulation around flavored (including menthol) tobacco products.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

16.  Condemning Nigerian Anti-LGBT Legislation
From: Councilmember Moore
Recommendation: Adopt a Resolution opposing the recently signed legislation outlawing same-sex marriage, civil union or domestic partnerships and that the City Clerk send a letter to President Barack Obama, with carbon copies going to Congresswoman Barbara Lee and Secretary of State John Kerry, with a copy of the resolution.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

17.  Water Conservation Measures
From: Councilmembers Arreguin and Wozniak
Recommendation: 
1)   Refer to the Public Works and Environmental Advisory Commissions the issue of California’s historic drought to explore possible voluntary and/or mandatory water conservation measures along with public education and outreach, and to return to Council with a recommendation.
2)   Request that the City Manager provide a report to Council on the measures proposed and already undertaken by the City to address the drought.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

18.  Senate Bill 837: Kindergarten Readiness Act of 2014
From: Councilmember Arreguin
Recommendation: Adopt a Resolution in support of Senate Bill (SB) 837, authored by Senate Pro Tem Darrell Steinberg, the Kindergarten Readiness Act of 2014, which expands existing pre-kindergarten programs in the state so that all four-year-olds in California may attend preschool for free.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

19.  Support of AB 1517
From: Councilmember Wengraf
Recommendation: Adopt a Resolution supporting Assembly Bill 1517, introduced by Assemblymembers Nancy Skinner, (15th AD) and Rob Bonta, (18th AD).  Assembly Bill 1517 sets time limits for law enforcement agencies and forensics labs to process evidence collected from victims after sexual assaults.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160


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 – Old Business

20.  Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2014 General Municipal Election (Continued from February 11, 2014)
Presentation
Supplemental materials
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 Calendar – New Business

21.  a. Referendum Petition Regarding Redistricting Ordinance
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.
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


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

22.  Zero Waste Program: Establishing Sustainable Operations and Rates 
Presentation
From: City Manager
Recommendation:
1. Select Option A or B for the Zero Waste Rates:
A. Apply the full increase in initial year of FY 2015 at a rate of 24.7% for residential customers, and 2.5% for commercial customers.
-OR-
B. Phase-in the residential increase over 3 Years (15.5% in FY 2015, 13.5% in FY 2016, and 6.5% in FY 2017) and apply the full 2.5% increase to commercial customers in FY 2015.
2. Direct staff to initiate a Proposition 218 protest proceeding and set a public hearing on May 20, 2014 for the Zero Waste rate increases.
3. Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9400 with HF&H Consultants, LLC for a Sustainable Refuse Services Rate Study, increasing the amount by $17,208 for an amended total not to exceed $140,000.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Information Reports

23.  Update on Activities of the Multi-departmental Sustainability Working Group
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

24.  False Alarm Reduction Strategies
From: City Manager
Contact: Michael Meehan, Police, 981-5900

25.  Update on CCA Activity in Other Jurisdictions
From: Energy Commission
Contact: Neal DeSnoo, Commission Secretary, 981-7439

26.  Report of the Alameda County Transportation Commission, January 2014
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

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 February 13, 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 19: Support of AB 1517
1.    Susan Wengraf, District 6

Center Street Plaza
2.    Olga Bolotina, on behalf of the Sierra Club Northern Alameda County Group

Restaurant on Ashby/College Ave
3.    Lynne Zickerman

Downtown Berkeley Post Office
4.    Anthony Bruzzone, on behalf of Berkeley Design Advocates

Human Rights Compliance Reports
5.    Ejim Dike, on behalf of the US Human Rights Network

Change in City Council Meeting Venue
6.    Berkeley Architectural Heritage Association

Alameda County Transportation Authority Meetings
7.    Ken Bukowski