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General Information
General Information

 

Regular Meeting eAgenda
February 24
, 2015

 

 

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, February 24, 2015

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 – Lori Droste

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: Persons will be selected by lottery to address matters not on the Council agenda.  If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each.  If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. 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 speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker 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.   Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of January 13, 2015 (special), January 17, 2015 (special), January 20, 2015 (special and regular) and January 27, 2015 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

2.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on February 24, 2015
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 - $1,378,450
Contact: Christine Daniel, Finance, 981-7300

3.   Contract: David Paul Rosen & Associates for Consultant Services for the Housing Trust Fund Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a contract and any amendments with David Paul Rosen and Associates (DRA) for consultant services to the Housing Trust Fund (HTF) for a period of three years, with an option to renew for two additional years, for $24,000 per year or not to exceed $120,000 for five years.
Financial Implications: Various Funds - $120,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

4.   Revenue Contract: Community Services Block Grant for Calendar Year 2015
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 15F-2001 for the initial amount of $67,010, and execute any resultant agreements and amendments that may increase the contract amount up to an estimated $250,000 to provide low-income services for the period January 1, 2015 to December 31, 2015.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

5.   Contract: McNabb Construction, Inc. for Terrace View Park-Phase One Renovation
From: City Manager
Recommendation:
Adopt a Resolution: 1. Approving the plans and specifications for the Terrace View Park—Phase One Renovation Project (Bid Specification No. 14-10856-C);  2. Awarding the construction contract to the apparent lowest responsive, responsible bidder, McNabb Construction, Inc. dba DK Environmental Construction for the amount of their Base Bid plus Additive Bid Item No. 1, totaling $315,595; 3. Authorizing the City Manager or her designee to execute a construction contract with McNabb Construction, Inc. dba DK Environmental Construction, Inc. in the amount of their Base Bid plus Additive Bid Item No. 1 and to execute any change orders, amendments and/or time extensions; 4. Authorizing a 10% construction contingency for an amount not to exceed $31,560 for a total spending authority not-to-exceed $347,155.
Financial Implications: Various Funds - $347,155
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

6.   Contract: TranSystems, Inc. for Consultant Support Services for the South Cove Public Access Staging Area Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with TranSystems, Inc. in an amount not to exceed $75,955 for consultant support services for the construction phase of the South Cove Public Access Staging Area Project.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

7.   Grant: California Parks and Recreation Department, Division of Boating and Waterways – South Cove West Parking Lot Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application for $500,000 to the California Parks and Recreation Department, Division of Boating and Waterways for the South Cove West Parking Lot Project pursuant to the terms and provisions of the Harbors and Watercraft Revolving Fund program, and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: $500,000 (Revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

8.   License Agreement No 2: Berkeley Partners for Parks – Santa Fe Right-of-Way - South Berkeley Bioremediation Garden Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a second license agreement with Berkeley Partners for Parks for a new two year period to conduct the South Berkeley Bioremediation Garden Project on the Santa Fe Right-of-Way.
Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

9.   Contract: Mosto Construction for Sanitary Sewer Manhole Rehabilitation FY 2015 Project
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving the plans and specifications for the Sanitary Sewer Manhole Rehabilitation FY 2015 Project, 15-10903-C, located at various locations within the City; 2.  Accepting the bid of Mosto Construction, the lowest responsive and responsible bidder; and 3.  Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $225,600.
Financial Implications: Sanitary Sewer Operation Fund - $225,600
Contact: Andrew Clough, Public Works, 981-6300

10.  Contract: Grade Tech, Inc. for FY 2015 Storm Drainage Improvements Project
From: City Manager
Recommendation:
Adopt a Resolution: 1.  Approving plans and specifications for the FY 2015 Storm Drainage Improvement Project, Specification No. 15-10908-C;  2.  Accepting the bid of Grade Tech, Inc. as the lowest responsive and responsible bidder; and  3.  Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $563,466.
Financial Implications: Various Funds - $563,466
Contact: Andrew Clough, Public Works, 981-6300

11.  Contract: Skeo Solutions for Measure M Outreach Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Skeo Solutions for a term of 4 years for an amount not to exceed $125,000 for Measure M outreach services.
Financial Implications: Measure M Fund - $125,000
Contact: Andrew Clough, Public Works, 981-6300

Council Consent Items

12.  Authorize the City Attorney to participate in the “Mayors for the Freedom to Marry” amicus brief to the U.S. Supreme Court
From: Mayor Bates
Recommendation:
Adopt a Resolution authorizing the City Attorney to participate in the ‘Mayors for the Freedom to Marry’ amicus brief to the U.S. Supreme Court.
Financial Implications: Minimal
Contact: Tom Bates, Mayor, 981-7100

13.  Strengthening Proposed Crude By Rail Safety Regulations
From: Councilmember Maio
Recommendation:
Send a letter to U.S. Transportation Secretary Foxx urging the strengthening of proposed crude by rail safety regulations.
Financial Implications: Minimal
Contact: Linda Maio, Councilmember, District 1, 981-7110

14.  Referral to CEAC Regarding Cigarette Butt Litter
From: Councilmember Maio
Recommendation:
Request that the Community Environmental Advisory Commission explore ways to invest in public outreach to stem the tide of cigarette butts flowing to the Bay via our storm drains.
Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110

15.  Declaring Mondays to be "Meatless Mondays" in the City of Berkeley
From: Councilmember Anderson
Recommendation:
Adopt a Resolution declaring Mondays to be "Meatless Mondays" in the City of Berkeley since the city is committed to the well-being and good health of its citizens and dedicated to the preservation of the environment and natural resources.
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130

16.  Phase II: Implementation of City of Berkeley: Review of Personnel Policies and Procedures Top-Line Report
From: Councilmembers Anderson and Moore
Recommendation:
Consider implementing the recommendations in the City of Berkeley: Review of Personnel Policies and Procedures Top-Line Report: a) Department Audits; b) Inventory of EEO Complaints; c) Whistle Blowing Policy; d) Applicant and Employee Reporting; e) Nepotism Policy; f) Additional Staffing Needs of the Human Resources and EEO Departments; g) Improvements of Communication Methods; and h) Revisions of the Personnel Rules.
Financial Implications: To be determined
Contact: Max Anderson, Councilmember, District 3, 981-7130

17.  City Co-Sponsorship of the Persian New Year Festival
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution approving city co-sponsorship of the Persian New Year Festival that will take place on Tuesday, March 17, 2015.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

18.  Persian Center For The Persian New Year Festival: Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including up to $500 from Councilmember Arreguin, to the Persian Center for the Persian New Year Festival with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Jesse Arreguín and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $500
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

19.  Community Emergency Response Training for Multi-unit Residential Buildings and Emergency Cache Program Tailored to the Needs of Large Multi-unit Residential Buildings
From: Councilmembers Capitelli, Arreguin, and Droste
Recommendation:
Refer to the Disaster and Fire Safety Commission, the Housing Advisory Commission, and the Berkeley Fire Department Office of Emergency Services to design a pilot Community Emergency Response Training curriculum specifically for multi-unit residential buildings and to design an emergency cache program tailored to the needs of large multi-unit residential buildings as outlined in the background material below. Both proposed pilots should be evaluated after 2 years.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

20.  Urging California Elected Officials to Reform Proposition 13 and Close the Commercial Property Loophole
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution urging California elected officials to reform Proposition 13 and close the commercial property loophole and send copies of the signed resolution to the appropriate government representatives, including Assemblymember Thurmond, Senator Loni Hancock, Congressmember Barbara Lee, US Senator Dianne Feinstein, US Senator Barbara Boxer.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

21.  Holocaust Remembrance Day Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Worthington
Recommendation:
1. Adopt a Resolution approving the expenditure of an amount not to exceed $1,500 per Councilmember, including up to $1,500 from Councilmember Worthington, to support the Holocaust Remembrance Day Event and Holocaust Awareness Lecture 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 discretionary Council Office Budget and any other Councilmembers who would like to contribute; and
2. Co-Sponsor the Holocaust Remembrance Day Event and Holocaust Awareness Lecture.
Financial Implications: Councilmember's Discretionary Funds - $1,500
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

22.  Business License Tax Renewal Procedure
From: Councilmember Droste
Recommendation:
Refer to the City Manager to draft an amendment to the Berkeley Municipal Code Title 9 Chapter 9.04.065 to grant a grace period for enforcement of business license requirements for contractors seeking building permits through March 31 of each year, as long as the contractor had an active business license the previous year.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, 981-7180

Action Calendar

The public may comment on each 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 items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Old Business

23.  Police and Community Relations: Action Items (Continued from February 10, 2015)
From: City Manager
Recommendation: Discuss and prioritize action items identified by the City Council at the January 20, 2015 worksession.
Financial Implications: None
Contact: Christine Daniel, City Manager, 981-7000

24.  Confidential Closed Session Documents (Continued from February 10, 2015)
Supplemental materials
From: City Manager
Recommendation: Review and consider the information provided in response to the Council referral and determine whether to direct staff to develop a policy for closed session documents.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

Action Calendar – New Business

25.  Replace the Residential and Commercial Energy Conservation Ordinances (RECO and CECO) with the Building Energy Saving Ordinance
From: City Manager
Recommendation:
 
1. Adopt first reading of an Ordinance repealing the Residential and Commercial Energy Conservation Ordinances (RECO and CECO), BMC Chapters 19.16 and 19.72, and adding the revised Building Energy Saving Ordinance, BMC Chapter 19.81.
2. Direct the City Manager to identify funding sources that could provide incentives to encourage energy efficiency improvements in residential buildings
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

26.  Establishing a Two Year Moratorium on Drones in Berkeley
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution adopting a two year moratorium on drones in Berkeley.
Financial Implications: Unknown
Contact: Eric Brenman, Commission Secretary, 981-5400

Information Reports

27.  Update: Citywide Expansion of Residential Preferential Parking
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

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.

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 February 11, 2015.

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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