Regular Meeting eAgenda
March 11, 2014

 

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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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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

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.   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

2.   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

3.   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

4.   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

Council Consent Items

5.   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

6.   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
Contact: Darryl Moore, Councilmember, District 2, 981-7120

7.   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
Contact: Darryl Moore, Councilmember, District 2, 981-7120

8.   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

9.   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

10.  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

11.  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

12.  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

13.  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

14.  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 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.

15.  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

Action Calendar – Old Business

16. 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

17.  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 Calendar – New Business

18.  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

Council Action Items

19.  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

Information Reports

20.  Updating Public of Changes to Agenda After Consent Calendar
From: City Manager
Contact: Mark Numainville, City Clerk, 981-6900

21.  Survey of Salaries for Mayor and Members of the Council
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000

22.  Report on Employee Safety and Workers' Compensation FY 2013
From: City Manager
Contact: David Abel, Human Resources, 981-6800

23.  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

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 27, 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.

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