Regular Meeting Annotated Agenda
February 25, 2014

 

 Printer-friendly PDF* annotated agenda  

 

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ANNOTATED 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

 

Preliminary Matters

Roll Call: 7:02 p.m.  All present.

Ceremonial Matters: 

  1. American Red Cross Month – March 2014
  2. Luna Dance Institute Day – March 8, 2014

City Manager Comments:  None

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 4 speakers.

Consent Calendar

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

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 
Action: Adopted second reading of Ordinance No. 7,326-N.S.

  1.  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 
    Action: Adopted second reading of Ordinance No. 7,327-N.S.

  1.  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 
    Action: Adopted second reading of Ordinance No. 7,328-N.S.

  1.  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 
    Action: Approved minutes as submitted.

  1.  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 
    Action: Adopted Resolution No. 66,481–N.S.

  1.  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 
    Action: Adopted Resolution No. 66,482–N.S.

  1.  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 
    Action: Adopted Resolution No. 66,483–N.S.

  1.  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 
    Action: Adopted Resolution No. 66,484–N.S.

  1.  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 
    Action: Adopted Resolution No. 66,485–N.S.

  1.  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 
    Action: Adopted Resolution No. 66,486–N.S.

  1.  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 
    Action: Approved recommendation.
 

Council Consent Items

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 
Action: Approved recommendation.

  1.  “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 
    Action: Adopted Resolution No. 66,487–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Wengraf - $200; Councilmember Wozniak - $200; Councilmember Moore - $100; Councilmember Anderson - $200; Councilmember Capitelli - $100.

  1.  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 
    Action: Approved recommendation.

  1.  Strengthen Youth Tobacco Prevention 
    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 

    Action: M/S/C (Moore/Arreguin) to accept supplemental material from Councilmember Moore on Item 15. 
    Vote: All Ayes.

   Action: Moved to Action Calendar.   8 speakers.  M/S/C (Moore/Wozniak) to refer to the City Manager and appropriate commissions to increase the minimum distance where all flavored tobacco products (including menthol cigarettes, flavored little cigars, and flavored cigar wraps) 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. 
Vote: All Ayes.

.

  1.  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 
    Action: Adopted Resolution No. 66,488–N.S.  Councilmember Worthington added as a co-sponsor.

 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 
Action: Approved recommendation.

  1.  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 
    Action: Adopted Resolution No. 66,489–N.S.

  1.  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: Adopted Resolution No. 66,490–N.S.

 Action Calendar - Old Business 

Supplemental Material
Presentation
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: M/S/C (Maio/Arreguin) to accept supplemental material from staff regarding Item 20. 
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Capitelli, Worthington.

   Councilmember Capitelli absent 8:59 p.m. – 9:05p.m.

   Councilmember Worthington absent 8:50 p.m.– 9:05 p.m.

  

Action: 14 speakers.  Direction provided to the City Manager regarding the community survey as indicated below:

  

  1. Vacancy Tax
    1. Commercial Vacancy
      1. Begins after two years of vacancy
      2. Applies to ground floor square footage only
      3. $1 per square foot annual tax
      4. Calculating time of vacancy is retroactive
      5. Hardship waiver/administrative appeal
      6. General tax
      7. Tax escalates with additional years of vacancy
       
    2. Residential Vacancy
      1. Begins after one year of vacancy
      2. Applies to buildings with more than four units
      3. Applies only if all units in building are vacant
      4. $1 per square foot annual tax
      5. Calculating time of vacancy is retroactive
      6. Hardship waiver/administrative appeal
      7. General tax
      8. Tax escalates with additional years of vacancy
       
     

  

  1. Sugar Sweetened Beverage Tax
    1. Tax on distributors
    2. Test at one cent per ounce and two cents per ounce
    3. Tested as a tax for the General Fund (50%)
    4. Tested as a special tax to fund health programs specified below (2/3 approval)
    5. Retested after minimal arguments in favor and lengthy arguments against
    6. List of specific program potentially funded - Diabetes prevention, obesity prevention, physical activity, school nutrition education, and early childhood nutrition
     

  

  1. Business License Tax on Rental Housing
    1. Increase from 1% to 3%
    2. On Rental Housing of 3 units or more
    3. Exemption for properties built in last 20 years, owner occupied properties of 10 units or less, and units at historically low rent
    4. Test as a general tax
    5. Test as a special tax, the proceeds to be used for affordable housing 
     

  

  1. Parks Measure – Community Facilities District
    1. Test a $25 million bond and a $40 million bond
    2. Test $2 million in annual operations funds
    3. Include Willard Pool and Santa Fe Right-of-Way in the bond
    4. Include a Citizens Oversight Committee
     

  

  1. Parks Maintenance
    1. Increase existing Parks Tax by:
      1. 10% = $1.2 million; or
      2. 16% = $1.7 million
       
    2. Link to Personal Income Growth or Consumer Price Index
     

  

  

Recess 9:38 p.m. – 9:51 p.m.

Action Calendar - New Business   

  

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 eflected 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

   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

  

Action: 22 speakers.  M/S/C (Bates/Worthington) to approve recommendation 21.a.1. to accept the City Clerk’s certification of sufficiency for the referendum petition regarding Ordinance 7,320-N.S. 
Vote: All Ayes.

Action: M/S/Failed (Arreguin/Anderson) to rescind Ordinance No. 7,320-N.S. 
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Capitelli, Wengraf, Wozniak, Bates; Abstain – Moore.

Action: M/S/C (Bates/Maio) to hold over items 21.a.2., 21.a.3., and all of item 21.b. to the March 11, 2014 City Council meeting. 
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

Action: M/S/Failed (Worthington/Arreguin) to have no special legal session on this issue. 
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Capitelli, Bates; Abstain – Maio, Moore, Wengraf, Wozniak.

Action: M/S/C (Bates/Capitelli) to suspend the rules and extend the meeting to 11:15 p.m. 
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson; Abstain – None; Absent – Arreguin, Worthington.

Councilmember Arreguin absent 10:42 p.m. – 11:12 p.m.

Councilmember Worthington absent 10:44 – 11:12 p.m.

  1.  Zero Waste Program: Establishing Sustainable Operations and Rates 
    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

Action: 5 speakers.  M/S/C (Wozniak/Maio) to: 
1) approve Option A for the Zero Waste Rates; 
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; and 
3) Adopt Resolution No. 66,491-N.S. 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.

Vote: Ayes – Maio, Moore, Capitelli, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson, Arreguin, Wengraf, Worthington.

Councilmember Anderson absent 10:44 p.m. – 11:12 p.m.

Councilmember Wengraf absent 10:59 p.m. – 11:12 p.m.

Information Reports

From: City Manager 
Contact: William Rogers, City Manager’s Office, 981-7000 
Action: Received and filed.

  1.  False Alarm Reduction Strategies 
    From: City Manager 
    Contact: Michael Meehan, Police, 981-5900 
    Action: Received and filed.

  1.  Update on CCA Activity in Other Jurisdictions 
    From: Energy Commission 
    Contact: Neal DeSnoo, Commission Secretary, 981-7439 
    Action: Referred to the City Manager by Councilmember Anderson.

  1.  Report of the Alameda County Transportation Commission, January 2014 
    From: Councilmember Capitelli 
    Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 
    Action: Received and filed.

 

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

  

Adjournment

Action: M/S/C (Moore/Wozniak) to adjourn the meeting. 
Vote: Ayes – Maio, Moore, Capitelli, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson, Arreguin, Wengraf, Worthington.

Adjourned at 11:12 p.m.

Adjourned in Memory of:

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

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

Restaurant on Ashby/College Ave

  1. Lynne Zickerman

Downtown Berkeley Post Office

  1. Anthony Bruzzone, on behalf of Berkeley Design Advocates

Human Rights Compliance Reports

  1. Ejim Dike, on behalf of the US Human Rights Network

Change in City Council Meeting Venue

  1. Berkeley Architectural Heritage Association – referred to City Manager by Councilmember Arreguin. 

Alameda County Transportation Authority Meetings

  1. Ken Bukowski

Supplemental Communications and Reports 1

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

  1. Joshua Pfeffer
  2. Katherine Harr

Supplemental Communications and Reports 2

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

  1. George Beier
  2. Dean Metzger, on behalf of Berkeley Neighborhoods Council
  3. William Bogert

Item 24: False Alarm Reduction Strategies

  1. Barbara Gilbert – referred to City Manager by Councilmember Worthington

Supplemental Communications and Reports 3

Item 15: Strengthen Youth Tobacco Prevention

  1. Revised materials, submitted by Councilmember Moore

Item 20: Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2014 General Municipal Election

  1. Presentation and supplemental materials, submitted by City Manager’s Office
  2. Mary Ann Brewin
  3. Vicki Alexander, on behalf of Healthy Child Coalition
  4. Alex Makler
  5. Elizabeth Muller
  6. George Beier

Item 22: Zero Waste Program: Establishing Sustainable Operations and Rates

  1. Presentation, submitted by Public Works
  2. Urban Ore

Gophers/Squirrels in Cesar Chavez Park

  1. Elliot Katz

Durant/Channing Way Mall

  1. M. Eid Abdallah

Community Funds Pledge

  1. Berkeley Association of Realtors

Water Conservation

  1. EBMUD

Annual Report

  1. Luna Dance Institute