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General Information
General Information

 

Regular Meeting eAgenda
September 16, 2014

 

 

 

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

Note: 

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

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

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

 
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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 16, 2014

7:00 PM

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1.   Amendment to City Council Rules of Procedure Related to Communications from the Public and Procedures for Appeals
From: City Manager
Recommendation: 
1. Adopt a Resolution amending the City Council Rules of Procedure to incorporate changes related to communications on land use matters and incorporating the necessary changes related to the recent amendments on land use appeals, and rescinding Resolution No. 66,500-N.S.
2. Review additional information provided by the City Clerk and Planning Department in response to the April 29, 2014 referral from the Council regarding the protection of citizens' privacy in online City records.
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

2.  Contract Amendment No. 9509: Building Opportunities for Self-Sufficiency for Community Facility Improvement Project at McKinley Transitional House
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to:  1. Accept a payment from Nonprofits’ Insurance Alliance of California in the amount of $29,125 as compensation for fire damage on city property located at 2111 McKinley Street; and  2. Amend Contract No. 9509 to add these funds and an additional scope of work to a facility improvement contract already underway with Building Opportunities for Self-Sufficiency (BOSS) at 2111 McKinley Street, operated as transitional housing for homeless families.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

3.   Contract: McNabb Construction, Inc. for Virginia-McGee Totland Play Area Renovation
From: City Manager
Recommendation: Adopt a Resolution:  1. Approving the plans and specifications for the Virginia-McGee Totland Play Area Renovation (Bid Specification No. 14-10845-C);  2. Awarding the construction contract to the apparent lowest responsive, responsible bidder, McNabb Construction, Inc. for the amount of their bid $344,960; 3. Authorizing the City Manager and his/her designee to execute a construction contract with McNabb Construction, Inc. in the amount of their bid, and to execute change orders, amendments and/or time extensions; 4. Authorizing a 10% construction contingency for an amount not to exceed $34,496 for a total spending authority not-to-exceed $379,456.
Financial Implications: Measure WW Park Bond - $379,456
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

4.   Zoning Amendments to Encourage Accessory Dwelling Units (ADUs); Amending BMC Titles 23D, 23E, and 23F
From: City Manager
Recommendation: Adopt first reading of two Ordinances modifying the existing regulation of Accessory Dwelling Units (ADUs) to remove regulatory barriers.  The Ordinances include adding a new Berkeley Municipal Code (BMC) Chapter 23D.10, compiling the new ADU regulations, and amending the existing residential zoning district chapters in BMC Titles 23D, 23E, and 23F for consistency with the new chapter.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

5.   Lease Agreement: Postal Annex at 2425 Channing Way, Suite B
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Nareshkumer Bhakta dba Postal Annex for an initial term of 5 years with an option to extend for two additional 5-year periods for the purpose of operating a retail mailing, packaging and related business services located at 2425 Channing Way, Suite B in the Telegraph Channing Mall.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

6.   Lease Agreement: Joy's Clothing at 2440 Durant Avenue
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Sung Wo Han dba Joy's Clothing Store for an initial term of 5 years with an option to extend for two additional 5-year periods for the purpose of operating a retail clothing store located at 2440 Durant Avenue in the Telegraph Channing Mall.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

7.   Lease Agreement: The Framer's Workshop at 2439 Channing Way
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Jeffery Goldberg and Kirstie Bennett dba The Framer's Workshop for an initial term of 5 years with an option to extend for two additional 5-year periods for the purpose of operating a Do-it-yourself custom framing and picture shop located at 2439 Channing Way in the Telegraph Channing Mall.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

8.   Lease Agreement: Cheese N' Stuff at 2442 Durant Avenue
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with George S. Juha dba Cheese N' Stuff for an initial term of 5 years with an option to extend for two additional 5-year periods, for the purpose of operating a delicatessen located at 2442 Durant Avenue in the Telegraph Channing Mall.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

9.   Appointment of Judith Kerr to the Mental Health Commission
From: Mental Health Commission
Recommendation: Approve the appointment of Judith Kerr to the Mental Health Commission, as a representative of the special public interest category from the City of Albany, for a three year term beginning September 17, 2014 and ending September 16, 2017.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5400

Council Consent Items

10.  Berkeley Holiday Fund: 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 $500 per Councilmember including $500 from Mayor Bates to the Berkeley Holiday Fund's annual campaign 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 Fund - $500
Contact: Tom Bates, Mayor, 981-7100

11.  Uphold the Rights and Protections of the Lesbian, Gay, Bisexual, Transgender and Intersex Community of El Salvador
From: Councilmember Moore
Recommendation: Adopt a Resolution urging the newly elected government of the Republic of El Salvador to adopt all necessary legal, administrative and/or judicial measures to guarantee the protection and promotion of human rights without any distinction based on a person's sexual orientation, gender identity or gender expression.  That the City Clerk sends a copy of the Council action with the resolution to El Salvadorian President Salvador Sanchez Ceren and Vice President Oscar Ortiz, as well as United States Secretary of State, John Kerry.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

12.  Humanitarian Response to Unaccompanied Minors Along the US-Mexico Border
From: Councilmember Moore
Recommendation: Adopt a Resolution welcoming the children and families that have recently come across the border, fleeing violence and crippling poverty, and urging the federal government to take a more active role in resolving the current crisis and work to resolve the structural causes for the mass Central American migration.  That the City Clerk sends a copy of the Council action with the resolution to Congresswoman Barbara Lee, Senators Barbara Boxer and Diane Feinstein, President Barack Obama and Secretary of State John Kerry.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

13.  Referral to Commission on Labor: Amendments to Living Wage Ordinance (Berkeley Municipal Code Chapter 13.27)
From: Councilmember Arreguin
Recommendation: Refer to the Commission on Labor the following suggested amendments to the Living Wage Ordinance, Berkeley Municipal Code Chapter 13.27: 1.  Amend Section 13.27.050.A to allow an employee the right to opt out of an employer provided medical benefit plan and still receive the higher compensation amount (currently $15.99 per hour) as cash in lieu if they provide proof of alternative coverage under a medical benefit plan. 2.  Amend the posting requirements, retaliation, complaint process, and enforcement sections to conform to the language in the recently adopted Minimum Wage Ordinance.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

14.  Contraceptive Coverage Equity Act of 2014
From: Councilmembers Arreguin, Maio, Wengraf, and Worthington
Recommendation: Adopt a Resolution urging Governor Jerry Brown to sign Senate Bill (SB) 1053, authored by State Senator Holly Mitchell (D – Los Angeles) and send a letter to our local State representatives, urging them to draft legislation to close the limited loopholes in California law due to the Hobby Lobby decision.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

15.  City Manager Referral: Reform Berkeley’s 3 Strikes Rule, Whereby 3 Parking Tickets Can End an Entire Business
From: Councilmember Worthington
Recommendation: Refer to the City Manager to look into the unintended consequences of the 3 strikes law on Berkeley taxi cab owners, which can revoke a cab company's business license after receiving 3 parking tickets.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  Endorse H.R. 1213 and the United for Homes Campaign to Fund the National Housing Trust Fund
From: Councilmember Worthington
Recommendation: Adopt a Resolution endorsing the United for Homes campaign to fund the National Housing Trust Fund, which would build, preserve, rehabilitate, and operate rental housing that is affordable for extremely low income households.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

17.  Letter to StopWaste to Encourage the Expansion of the Ban on Single-Use Plastic Bags in Alameda County
From: Councilmember Worthington
Recommendation: Send a letter to StopWaste to urge the expansion of the ban on single-use plastic bags in Alameda County.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

18.  Support Proposition 45: Public Notice Required for Insurance Company Rates
From: Councilmember Worthington
Recommendation: Support Proposition 45, the Public Notice Required for Insurance Company Rates Initiative, on the November 4, 2014 statewide ballot.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

19.  Oppose Proposition 46: Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative
From: Councilmember Worthington
Recommendation: Oppose Proposition 46, the Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative, on the November 4, 2014 statewide ballot.
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 – New Business

20.  Rental Subsidies for Homeless Transition Age Youth

 a. From: Homeless Commission
Recommendation:
Adopt a Resolution providing $100,000 in annual rental subsidies for transition-age youth who are chronically homeless in Berkeley.
Financial Implications: $100,000
Contact: Andrew Wicker, Commission Secretary, 981-5400

b. From: City Manager
Recommendation:
Take no action at this time on the Homeless Commission's recommendation to provide $100,000 annually in rental subsidies for chronically homeless transition age youth ("TAY", youth between the ages of 18 and 25) and review the Homeless Commission's recommendation in the context of the applications for homeless funding the City will receive in January 2015.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

 

Council Action Items

21. City Manager Referral: Rent Fairness Policies for Telegraph Channing Merchants
From: Councilmember Worthington
Recommendation: City Manager Referral: Rent Fairness Policies for Telegraph Channing Merchants.
Financial Implications: Minor costs
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

22.  Breathmobile Update
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

23.  Status Report on the Training, Future Data collection and Implementation of Fair and Impartial Policing Policy
From: City Manager
Contact: Michael Meehan, Police, 981-5900

24.  City Water Conservation and Use Reduction Update
From: City Manager
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700; Andrew Clough, Public Works, 981-6300; Eric Angstadt, Planning and Development, 981-7400

Public Comment – Items Not Listed on the Agenda –

Adjournment in memory of:
1.    Grantland Johnson, Clinton Administration Official
2.    Louise Brown, Local Community Activist

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.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

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 City Hall 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 September 4, 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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