Regular Meeting eAgenda
April 29, 2014

 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 29, 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.

Recess Items

1.   Contract: Focus Strategies for Homeless Coordinated Entry System Planning
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to enter into a contract for $74,667 with Focus Strategies, a consulting firm that will assist the City in planning for a homeless Coordinated Entry System.
Financial Implications: General Fund - $74,667
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

2.   Grant Application: Planning Process for the Adeline Corridor
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the recess authorizing the submission of a grant application to the Metropolitan Transportation Commission (MTC) for Priority Development Area (PDA) planning and PDA staff assistance.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Consent Calendar

3.   Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 11, 2014 (special closed and regular) and March 25, 2014 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

4.   Assessments: North Shattuck Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution:  1.  Approving the FY 2014 Annual Report of the North Shattuck Business Improvement District (NSBID);  2.  Declaring Council's intention to levy an annual assessment for the NSBID for FY 2015; and 3.  Scheduling a public hearing for June 10, 2014.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

5.   Assessment: Telegraph Property and Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution: 1.  Approving the Annual Report for the Telegraph Property and Business Improvement District (hereafter "TBID" or "the District") for FY 2014 and proposed budget for 2015;  2.  Declaring an intention to levy annual assessments in the District for FY 2015; and  3.  Setting a public hearing on the levy of assessments for June 10, 2014.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

6.   Assessment: Downtown Property and Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution 1.  Approving the Annual Report for the Downtown Property and Business Improvement District (DPBID) for Fiscal Year 2014 and proposed budget for 2015; 2.  Declaring an intention to levy annual assessments in the District for Fiscal Year 2015; and 3.  Setting a public hearing on the levy of assessments for June 10, 2014.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

7.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on April 29, 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 - $2,721,900
Contact: Robert Hicks, Finance, 981-7300

8.   Disaster and Fire Safety Commission Accreditation; Amending BMC Chapter 2.88
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Chapter 2.88 of the Berkeley Municipal Code to include a statement of compliance with the California Emergency Services Act and a section on the City's emergency plan for the purposes of accreditation of the City's Disaster Council.
Financial Implications: None
Contact: Gil Dong, Fire, 981-3473

9.   Donation: Alameda County Meals on Wheels Agency for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting a $26,101 donation to the Berkeley Meals on Wheels Program from the Alameda County Meals on Wheels Agency.
Financial Implications: $26,101 (Donation)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

10.  Donation: Senior Nutrition Program from Three Berkeley Residents
From: City Manager
Recommendation: Adopt a Resolution accepting three $1,000 donations (total $3,000) to the Berkeley Senior Nutrition Program from three Berkeley residents that responded to the annual appeal letter in November 2013.
Financial Implications: $3,000 (Donation)
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

11.  Contract No. 6335A Amendment: University of California School of Optometry for Safety Glasses and VDT Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6335A with the University of California (UC) School of Optometry to provide safety glasses and Video Display Terminal (VDT) services, increasing the contract amount by an additional $47,001 for a total contract amount not to exceed $97,000, and extending the term of the contract for five (5) years, from July 1, 2014 through June 30, 2019.
Financial Implications: See report
Contact: David Abel, Human Resources, 981-6800

12.  Personnel Rules and Regulations Amendment
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 60,776-N.S., the Personnel Rules and Regulations, Section 9.03 - Promotion Through a Non-Competitive Personnel Action - to add the unlicensed classification of Behavioral Health Clinician I and the licensed classification of Behavioral Health Clinician II; remove the unlicensed classifications of Mental Health Clinician I and Psychiatric Social Worker I; and remove the licensed classifications of Mental Health Clinician II and Psychiatric Social Worker II.
Financial Implications: None
Contact: David Abel, Human Resources, 981-6800

13.  Contract No. 9105 Amendment:  Meyers Nave for Chief Labor Negotiation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9105 in the amount of $75,000 with Meyers Nave for Chief Labor Negotiation Services, for a revised total contract amount not to exceed $150,000.
Financial Implications: General Fund - $75,000
Contact: David Abel, Human Resources, 981-6800

14.  Classification Series: Behavioral Health Clinician I/II/Senior
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 66,298-N.S., Classification and Salary Resolution for Service Employees International Union Local 1021 (Community Services & PTRLA Chapter), to establish the classifications of Behavioral Health Clinician I with a monthly salary range of $5,795 - $6,797, Behavioral Health Clinician II with a monthly salary range of $6,382 - $7,454, and Senior Behavioral Health Clinician with a monthly salary range of $6,966 - $8,132, effective April 30, 2014; and abolish the Mental Health Clinician I/II/Senior and the Psychiatric Social Worker I/II/Senior classification series, effective May 31, 2014.
Financial Implications: None
Contact: David Abel, Human Resources, 981-6800

15.  Contract No. 7658 Amendment: Kronos, Inc. Fire Station Staffing Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7658 with Kronos, Inc. for a software system upgrade and maintenance for TeleStaff Fire Station Staffing Software, increasing the amount by $39,000, for a total not to exceed $109,000, from May 1, 2008 through June 30, 2016.
Financial Implications: General Fund - $39,000
Contact: Donna LaSala, Information Technology, 981-6500

16.  Waiver of Annual Marina Berth Fees for Non-Profits - Updated Policy
From: City Manager
Recommendation: Adopt a Resolution establishing an updated policy for the use of berths at the Berkeley Marina by non-profit organizations that provide community service, and rescinding Resolution No. 58,859-N.S.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

17.  Donation: Reebok for Adventure Playground
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation from Reebok in the amount of $1,800 for the City of Berkeley Adventure Playground.
Financial Implications: $1,800 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

18.  Grant Application: The Metropolitan Transportation Commission PCA Grant Program for the Bay Trail Shoreline Access Staging Area Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Authorizing the City Manager/designee to submit a funding application to the Metropolitan Transportation Commission (MTC) Priority Conservation Area (PCA) grant program for $500,000 in federal funds for the Bay Trail Shoreline Access Staging Area Project;  2. Committing any necessary matching funds; and  3. Stating the City's assurance as to its ability and intent to complete the project.
Financial Implications: $500,000 (Revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

19.  Contract:  Berkeley Unified School District for Bus Transportation for Berkeley Day Camp
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Unified School District for bus transportation for day Berkeley Day Camp and Community Center fieldtrips in an amount not to exceed $376,380 over a five-year period, beginning July 1, 2014 and ending June 30, 2019.
Financial Implications: Various Funds - $376,380
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

20.  Contract:  Silverado Stages for Bus Service for Echo Lake and Teen Camp
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Silverado Stages, Inc. to provide bus transportation for Echo Lake and Teen Camp programs for a not-to-exceed total amount of $135,000 over a five year period, beginning July 1, 2014 and ending June 30, 2019, contingent upon annual budget appropriations.
Financial Implications: Various Funds - $135,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

21.  Contract: Sysco Sacramento, Inc. Food Services for Echo Lake Camp Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Sysco Sacramento, Inc. for food services at City of Berkeley Echo Lake Camp for a five-year period, beginning July 1, 2014 and ending June 30, 2019, in an amount not to exceed $1,055,000, subject to the City's annual budget appropriation process.
Financial Implications: Playground Camp Fund - $1,055,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

22.  Contract: Serological Research Institute for DNA Testing Services  
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with Serological Research Institute to provide evidence testing services through deoxyribonucleic acid (DNA) analysis for the period of April 1, 2014 to June 30, 2017, in an amount not to exceed $300,000, with an option for two one-year extensions for a total five-year contract, for an amount not to exceed $500,000, subject to the City's annual budget appropriation process.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900

23.  Contract No. 9069A Amendment: AMEC Environment & Infrastructure, Inc.
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9069A with AMEC Environment & Infrastructure, Inc., increasing the amount by $75,000 for a total not to exceed $140,000 and extending the contract to June 30, 2017.
Financial Implications: Zero Waste Fund - $75,000
Contact: Andrew Clough, Public Works, 981-6300

24.  Coordinated Enforcement of Berkeley’s Tax Relief Action to Cut Commuter Carbon Ordinance with the Bay Area Commuter Benefits Program
From: City Manager
Recommendation: 
1. Adopt a Resolution recognizing that compliance with Bay Area Air Quality Management District Regulation 14: Mobile Source Emissions Reduction Measures, Rule 1: Bay Area Commuter Benefits Program satisfies Berkeley Municipal Code Chapter 9.88 Commuter Benefit Program (Tax Relief Action to Cut Commuter Carbon).
2. Direct the City Manager to execute an Agreement between the City of Berkeley, the Bay Area Air Quality Management District, and the Metropolitan Transportation Commission to coordinate implementation of the City's employer-provided Commuter Benefits Program with the Bay Area Commuter Benefits Program.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300

25.  Updated Sewer System Management Plan
From: City Manager
Recommendation: Adopt a Resolution approving Berkeley's updated Sewer System Management Plan, as mandated by the State Water Resources Control Board.
Financial Implications: No direct fiscal impact
Contact: Andrew Clough, Public Works, 981-6300

26.  Contract No. 9361 Amendment: Pakpour Consulting Group, Inc. for On-Call Design Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9361 with Pakpour Consulting Group, Inc. for on-call design services, increasing the contract by $100,000 for a total amount not to exceed $400,000.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

27.  Donation: Bequest from Estate and Trust of Mary Jo Pace to the Berkeley Public Library
From: Board of Library Trustees
Recommendation: Adopt a Resolution accepting a donation from the Estate and Trust of Mary Jo Pace (passed through the Berkeley Public Library Foundation) in the sum of $686,250.34.
Financial Implications: $686,250 (Donation)
Contact: Donna Corbeil, Commission Secretary, 981-6100

28.  Appointment of Jennifer Fazio to the Mental Health Commission
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the appointment of Jennifer Fazio to the Mental Health Commission, as a representative of the special public interest category, for a three year term beginning April 30, 2014 and ending April 29, 2017.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100

Council Consent Items

29.  Ratifying Actions Taken on March 11, 2014 to Place Ordinance No. 7,320 on the November 4, 2014 Ballot and File an Action to Determine the District Boundaries to be Used for the November 2014 General Municipal Election
From: Mayor Bates
Recommendation: Ratify the following actions taken on March 11, 2014:
1. Place Ordinance No. 7,320 on the November 4, 2014 ballot pursuant to provisions for a Referendum in the City Charter and the Elections Code; and
2. File an action in court to determine the district boundaries to be used for the November 2014 General Municipal Election.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

30.  Parking Management on Private Property 
Revised materials
From: Councilmember Moore
Recommendation: Direct the City Manager to draft ordinance language that would allow private property owners to manage parking on their property.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

31.  Supporting Assembly Bill 2591, the Basic Material Needs for Homeless Children Act
From: Councilmembers Moore, Capitelli, and Wozniak
Recommendation: Adopt a Resolution supporting Assembly Bill 2591, the Basic Material Needs for Homeless Children Act.  The City Clerk is to send a copy of the Council action with the resolution to Assemblymembers Shirley Weber, Nancy Skinner, the Speaker of the Assembly, Senator Loni Hancock, and Senate President pro Tem Darrell Steinberg.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

32.  Request that the City Manager Amend Section 14.72.030 of the Berkeley Municipal Code
From: Councilmember Wengraf
Recommendation: Request that the City Manager draft an amendment to the BMC to better define the term "Motor Vehicle" with the goal of regulating the parking of large campers and trailers on residential streets in RPP zones.
Financial Implications: Staff time
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

33  In Support of AB 1951 (Gomez) to Require the California State Department of Public Health to Modify Birth Certificates to Recognize Same-Sex Parents
From: Councilmember Wengraf
Recommendation: Adopt a Resolution supporting AB1951 to require the California State Department of Public Health to modify birth certificates to recognize same sex families. AB 1951 would allow birth certificates to reflect two mothers and two fathers, as well as a gender-neutral parent option. Request that the City Clerk send signed copies to Governor Brown, Senator Loni Hancock and Assemblymember Nancy Skinner.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

34.  City Manager Referral: Write to CrimeMapping.com Requesting They Help Create a Permanent and Up-To-Date Joint Map of Both BPD and UCPD Crime Data
From: Councilmember Worthington
Recommendation: That the City Manager send CrimeMapping.com a letter requesting they work with BPD and UCPD to make it easier for users to include both departments' crime data into one map, and to explore the feasibility of making joint data maps available permanently.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

35.  City Manger Referral: Policy for Companies Such as Airbnb to Pay Transient Occupancy Tax, as Currently Paid by Other Small Local Businesses
From: Councilmember Worthington
Recommendation: Refer to the City Manager creation of a policy for companies such as Airbnb to pay the Transient Occupancy Tax, as currently paid by other small local businesses.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

36.  Supporting CALPIRG's Proposed November City Ballot Measure to End Corporate Personhood
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

37.  Protection of Citizens' Privacy in Online City Records
From: Councilmembers Wozniak and Capitelli
Recommendation: Refer to the City Manager a request for an information report from the City Clerk about changing the City's policy of posting communications between private individuals and City staff online on the City's website. The intent is to better protect individual residents' privacy and online reputations.
Financial Implications: Staff time
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

38.  Request for City of Berkeley Support for the 2014 Elmwood Street Festival
From: Councilmember Wozniak
Recommendation: Refer to the budget process a request from Elmwood merchants for the City of Berkeley to contribute $5,000 toward the 2nd annual Elmwood Street Fair, which will take place on Sept. 21, 2014.
Financial Implications: $5,000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

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.

39.  Zoning Ordinance and General Plan Amendments Regarding Floor Area Ratio (FAR) Increases in the Telegraph Avenue Commercial (C-T) District
Revised materials 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:  1.  Adopt a Resolution adopting amendments to the General Plan text; and  2.  Adopt first reading of an Ordinance amending the Zoning Ordinance (BMC Chapter 23) by amending the existing requirements for the Telegraph Commercial District ((C-T, 23E.56) related to Floor Area Ratio (FAR).
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

40. a. Submission of the PY2014 Annual Action Plan Including Allocations of Federal Funds
Presentation
From: Housing Advisory Commission
Recommendation: Adopt the Housing Advisory Commission's funding recommendations for FY2015 for Community Development Block Grant, Emergency Solutions Grant and HOME Investment Partnership funds and approve the submission of the PY2014 (FY2015) Annual Action Plan as attachments to the City Manager's Council Report of April 29, 2014.
Financial Implications: See report
Contact: Kristen Lee, Commission Secretary, 981-5400

     b. Submission of the PY2014 Annual Action Plan Including Allocations of Federal Funds
From: City Manager
Recommendation:
Conduct a public hearing on the federal Program Year (PY) 2014 Annual Action Plan (AAP) for federal funds, including the allocation of federal funding for community agencies for FY2015, and upon conclusion, adopt a Resolution:  1. Approving proposed funding allocations under the FY2015 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); and  2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; and  3. Allocating 90% of the FY2015 HOME funds to the Housing Trust Fund, and 10% for program administration; and  4. Authorizing the City Manager to submit the PY 2014 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD).
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Action Calendar – Old Business

41.  Amendments to BMC Chapter 13.42 - Operating Standards for Mini-Dorms (Continued from April 1, 2014)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.42 to change the definition of mini-dorm, expand the zones in which the mini-dorm rules apply to coincide with the zones where the City has discretionary review of additional bedrooms and define what constitutes an unruly gathering.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

42.  Assembly Bill 2405: Ellis Act Reform (Continued from March 25, 2014)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Assembly Bill (AB) 2405, authored by Assemlymember Tom Ammiano, which would amend the Ellis Act to allow local jurisdictions to impose moratoriums on Ellis Act evictions under specified conditions.  Copies of the Resolution are to be sent to Governor Jerry Brown, Senate President Pro Tem Darrell Steinberg, Senator Loni Hancock, Assembly Speaker John A. Perez, and Assemblymembers Nancy Skinner and Tom Ammiano.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

43.  City Manager Referral: Have Non-sworn (civilian) Employees Investigate After-hour Noise Complaints (Continued from March 11, 2014)
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

44.  Berkeley Way Development Opportunity: Request for Qualifications
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to release a Request for Qualifications ("RFQ") to solicit statements from development teams (comprised of developers, service providers, and architects) regarding their capacity, experience, and interest in developing the City-owned property located at 2012 Berkeley Way ("Berkeley Way").
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

45. a. Sweatshop Free Procurement Ordinance-Lowering the Purchasing Threshold
From: Commission on Labor
Recommendation: That the City of Berkeley Sweatshop Free Procurement Ordinance be amended to lower the purchasing threshold from $10,000 to $2,000 effective July 1, 2014 and to lower the threshold to $0 effective January 1, 2015.
Financial Implications: Unknown
Contact: Delfina Geiken, Commission Secretary, 981-5400

       b. Enforcement of Ordinance No. 7,099-N.S. Sweatshop - Free Procurement Ordinance
From: City Manager
Recommendation:
Direct the City Manager to return to Council with an ordinance to lower the current established threshold of $25,000 to $1,000 for the Sweatshop-Free Procurement Ordinance No. 7,099-N.S. effective July 1, 2014.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

46. a. Allston Way Permeable Paver Demonstration Project
From: Public Works Commission
Recommendation: Approve the lowest responsive bid for construction of the Allston Way Permeable Paver Demonstration Project.
Financial Implications: See report
Contact: Sean Rose, Commission Secretary, 981-6300

       b. Allston Way Permeable Paver Demonstration Project
From: City Manager
Recommendation:
 
1.   Select Option A or B:
A.  Approve construction of the Allston Way Permeable Paver Demonstration Project.

      -OR-

B.  Reject all bids and re-allocate the project funds into the paving program, where it will be implemented in FY 2015 for traditional asphalt restoration and maintenance.
2.   If Council adopts Option A, the following additional actions are required:
a.   Approve plans and specifications for the Allston Way Permeable Paver Demonstration Project, Specification No. 14-10826-C; and
b.   Accept the bid of Ghilotti Construction Company as the lowest responsive and responsible bidder, and adopt a Resolution authorizing the City Manager to execute a contract with Ghilotti Construction and any amendments, extensions or change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $1,444,214; and
c.   Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9211 with URS Corporation for design services for the Permeable Paver Demonstration Project, increasing the amount by $62,840 for a total not to exceed amount of $295,710; and
d.   Authorize the City Manager to execute a Reimbursement Agreement with the East Bay Municipal Utility District for the construction of their water line.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Council Action Items

47.  Redistricting Referendum Petition: Repeal Ordinance No. 7,320; and Adopt the First Reading of an Ordinance to Amend City Council District Boundaries from the United Student District Amendment
From: Councilmembers Worthington, Arreguin, 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; AND
2.  Adopt first reading or a statement of intent to adopt 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.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

48.  Consider Redistricting Compromises, Adopt First Reading of Minimum Deviation Plan Ordinance, and/or Review 11 Other Possible Temporary or Permanent Compromise Maps
From: Councilmember Worthington
Recommendation: 
1. Adopt first reading of an Ordinance created from the Minimum Deviation 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.

AND/OR

2. Select a preferred compromise map that could be used permanently, or as a temporary map just for the 2014 election, and send immediately to the Alameda County Office of the Registrar on April 30, 2014 at 8 a.m. Request the City Manager to prepare any required noticing to expedite a possible adoption of a compromise map. If the selected compromise has not yet been reviewed for consistency with state and local requirements, request City Manager to return to Council with a proposed ordinance to allow adoption of the preferred compromise map as soon as possible.
Financial Implications: Staff time
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

49.  goBerkeley Parking and Transportation Demand Management Pilot: Interim Results and Recommended Adjustments
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

50.  Status of the Sidewalk Repair Program
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

51.  Amendment to Fiscal Year 2014 Audit Plan
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

52.  Update on Measure FF Public Art Projects
From: Board of Library Trustees
Contact: Donna Corbeil, Commission Secretary, 981-6100

53.  Report of the Alameda County Transportation Commission, February 2014 and March 2014
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Public Comment – Items Not Listed on the Agenda –

Adjournment in memory of:

1.    Margaret (Ginger) Alafi

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
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Archived indexed video streams are available at
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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:

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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.

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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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 17, 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 39: Zoning Ordinance and General Plan Amendments Regarding Floor Area Ratio (FAR) Increases in the Telegraph Avenue Commercial (C-T) District
1.    Charles Tu

Item 48: Consider Redistricting Compromises, Review New Minimum Deviation Map, and 10 Other Possible Temporary or Permanent Compromise Maps
2.    George Beier

Business License Tax
3.    Loran & Elisabeth Mebine
4.    Benn Karne
5.    46 form letters in opposition to raising the business license tax (Available for viewing in the City Clerk’s Office)

City Employee Compensation
6.    Barbara Gilbert

Refuse Rates
7.    Curtis Manning

Gophers/Squirrels at Cesar Chavez Park
8.    Anja Heister, on behalf of In Defense of Animals
9.    Jamie Ray

Fukushima
10. Chimey Lee

Opposition to Rail Transport of Hazardous Crude Oil through Berkeley and the East Bay
11. Rand Wrobel, on behalf of 350 Bay Area

Honey Bees
12. Fred Dodsworth

Off-Leash Dogs in Cesar Chavez Park
13. Carol Denney

Tuolume Camp
14. Kim Rubin

Parking Citation at BHS
15. Sandra Henneman

Extended Parking Hours
16. Vincent Casalaina