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General Information

 

Regular Meeting Annotated Agenda
March 17
, 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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ANNOTATED AGENDA 
BERKELEY CITY COUNCIL MEETING 
 
 

Tuesday, March 17, 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

 
 
 
 
 

Preliminary Matters 

Roll Call: 7:01 p.m. All present.

Ceremonial Matters:

  1. Cesar Chavez and Dolores Huerta Commemoration Period
 
 

City Manager Comments: 

  1. Youth Commission and Heart-to-Heart Job and Education Fair at the Young Adult Project at 1730 Oregon Street from 10am – 1pm on March 21.
 
 

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only:           5 speakers.

Consent Calendar

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

Vote: All Ayes

1. Donation to the Animal Shelter from the Stephen and Mary Birch Foundation Designated by Barbara Suzanne Farley 
From: City Manager 
Recommendation: Adopt a Resolution accepting a donation from the Stephen and Mary Birch Foundation in the sum of $10,000 to support the many programs run by Animal Care Services that help animals at the shelter and in our community. 
Financial Implications: $10,000 (Donation) 
Contact: Christine Daniel, City Manager, 981-7000 
Action: Adopted Resolution No. 66,948–N.S.

2. Deferral of Building Permit Fees to Berkeley Honda 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to defer building permit fees for improvements required for Berkeley Honda to move to 2777 Shattuck Avenue/2747 Adeline; upon completion of the project replace lost Permit Service Center revenue from the General Fund Reserve. 
Financial Implications: See report 
Contact: Michael Caplan, Economic Development, 981-7530 
Action: Item removed from the agenda by the City Manager.

3. Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on March 17, 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 - $114,000 
Contact: Christine Daniel, Finance, 981-7300 
Action: Approved recommendation.

4. Contract No. 7050F Amendment: Berkeley Food & Housing Project for Operating Costs for Russell Street Residence, Third Party Administration of Mental Health Client Funding Supports and Assistance and Homeless Transportation Funds 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7050F with the Berkeley Food & Housing Project (BFHP) adding additional funding for the Russell Street Residence (RSR) supportive housing facility, client funding supports and assistance, and homeless transport in the amount of $151,000 ($53,000 for FY 2015 and $98,000 for FY 2016) for a total contract amount not to exceed $691,500 through June 30, 2016. 
Financial Implications: See report 
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 
Action: Adopted Resolution No. 66,949–N.S.

5. Contract No. 7852C Amendment: Lan Do Associates, LLC for the Provision of Translation Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7852C with Lan Do Associates, LLC in the amount of $40,000, increasing the total contract amount to $130,100 for the provision of translation and interpretation services for mental health programs and to extend the expiration date to June 30, 2017. 
Financial Implications: Mental Health Service Act - $40,000 
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400 
Action: Adopted Resolution No. 66,950–N.S.

6. License Agreement: Cal Sailing Club at the Berkeley Marina 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Cal Sailing Club to use the property located at 124 University Avenue in the Berkeley Marina for a five year term ending December 31, 2019. 
Financial Implications: $55,256 (Revenue) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700 
Action: Adopted Resolution No. 66,951–N.S.

7. License Agreement: Eat and Run Catering Food Cart at the Berkeley Pier 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Eat and Run Catering to operate a Food Cart at the Berkeley Pier for a five year term, ending December 31, 2019. 
Financial Implications: $7,500 (Revenue) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700 
Action: Adopted Resolution No. 66,952–N.S.

8. Declaration of Intent: FY 2016 Street Light Assessment 
From: City Manager 
Recommendation: Adopt a Resolution: 1.  Approving the Engineer's report, Street Lighting Assessment District 1982-1, dated February 2015; 2.  Setting a public hearing to be held before Council at its May 12, 2015 meeting; and 3.  Authorizing the City Clerk to publish the notice of the public hearing for FY 2016 Levy of Assessments of Street Lighting Assessment District No. 1982-1. 
Financial Implications: See report 
Contact: Andrew Clough, Public Works, 981-6300 
Action: Adopted Resolution No. 66,953–N.S.

9. Revision to Berkeley Municipal Code Definition of Art; Amending BMC Section 6.14.010 
From: Civic Arts Commission 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 6.14.010 ("Definitions") regarding the definition of Art. 
Financial Implications: None 
Contact: Mary Ann Merker, Commission Secretary, 981-7000 
Action: Adopted first reading of Ordinance No. 7,400–N.S.  Second reading scheduled for April 7, 2015.


   Council Consent Items

10. Viewing “Boom: North America's Explosive Oil-By-Rail Problem”; Raising Awareness of the Shipment of Crude By Rail 
From: Councilmember Maio 
Recommendation: To schedule a time during the March 17 council meeting to show the 9-minute video - “Boom: North America's Explosive Oil-By-Rail Problem” - created by the Weather Channel. (URL: vimeo.com/113817083) 
Financial Implications: None 
Contact: Linda Maio, Councilmember, District 1, 981-7110 
Action: Approved recommendation.

11. Initiating a City-wide Tap Water Campaign 
From: Councilmembers Capitelli and Maio 
Recommendation: Direct City staff in the Public Health Department to devote time and resources towards developing a City-wide tap water campaign promoting the excellent quality of our local water and encouraging residents to consume it.  As an initial step in this effort, direct staff to seek funding to support this campaign. 
Financial Implications: Staff time 
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 
Action: Approved recommendation.

12. Downtown Berkeley Association: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
From: Councilmembers Capitelli and Wengraf 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $625 per Councilmember, including $625 each from Councilmember Capitelli and Councilmember Wengraf, to the Downtown Berkeley Association to fund a design of a Way finding Kiosk. Funds are to be relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Capitelli, Councilmember Wengraf and any other Councilmembers who would like to contribute. 
Financial Implications: Councilmembers' Discretionary Funds - $625 
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 
Action: Adopted Resolution No. 66,954–N.S. revised to include contributions from the following Councilmembers up to the amount listed: Councilmember Capitelli - $625; Councilmember Wengraf - $625.

13. Support of CA Senate Bill 277: End California's Vaccine Exemption Loophole 
From: Councilmember Wengraf 
Recommendation: Adopt a Resolution supporting California Senate Bill 277. This legislation proposes to end all vaccination loopholes in California, including exemptions based purely on parents' personal beliefs. Send letters of support to Senators Richard Pan and Ben Allen, Senator Loni Hancock, Assemblymember Tony Thurmond and Governor Jerry Brown. 
Financial Implications: See report 
Contact: Susan Wengraf, Councilmember, District 6, 981-7160 
Action: 21 speakers.  M/S/C (Bates/Worthington) to hold over Item 13 to the April 7, 2015 meeting.  
Vote: All Ayes.

 

14. Recognizing March 2015 as Women's History Month 
From: Councilmembers Wengraf, Droste, and Maio 
Recommendation: Adopt a Resolution recognizing the month of March 2015 as Women's History Month. 
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, 981-7160 
Action: Adopted Resolution No. 66,955–N.S.

15. Support the Declaration of the Month of April 2015 as the Commemoration of the 100th Year Anniversary of the Armenian Genocide in Berkeley 
From: Councilmember Worthington 
Recommendation: Adopt a proclamation declaring the month of April 2015 as the Commemoration of the 100thYear Anniversary of the Armenian Genocide in Berkeley. 
Financial Implications: None 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: Adopted proclamation.

16. Holocaust Awareness Lecture: Relinquishment of Council Office Budget Funds To General Fund And Grant Of Such Funds; Co-Sponsor Holocaust Awareness Lecture; and Adopt a Proclamation in Honor of Marthe Cohn 
From: Councilmember Worthington 
Recommendation: 
1. Adopt a Resolution approving the expenditure of an amount not to exceed $750 per Councilmember to 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 Awareness Lecture with Chabad of the East Bay; and  
3. Adopt a proclamation in honor of Marthe Cohn, author of Behind Enemy Lines: The Incredible Story of a French Jewish Spy in Nazi Germany. 
Financial Implications: Councilmember’s Discretionary Funds - $750 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 
Action: 1. Adopted Resolution No. 66,956–N.S. revised to include contributions from the following Councilmembers up to the amounts listed:  Councilmember Anderson - $200; Councilmember Worthington - $550.  2. Approved recommendation. 3. Adopted proclamation.


   Action Calendar - Continued Business

A. Positive Change Donation Box Pilot Program (Continued from March 10, 2015) 
From: Councilmembers Arreguin and Maio 
Recommendation: Adopt a motion:  1. Directing the City Manager to work with the Downtown Berkeley Association (DBA) to implement the Positive Change Donation Box Pilot Program, specifically: Directing the Public Works Department to review and approve locations for the installation of donation boxes on City poles. Positive Change donation boxes will be installed up to ten locations by DBA, pre-approved by City of Berkeley Public Works Department. The DBA will start with installation of five boxes as per attached initial location deployment, as reviewed with Public Works Department. Additional locations also to be reviewed by Public Works.   
2. Expressing support for the Positive Change Donation Box Pilot Program, specifically allocating donations received to the Berkeley Food and Housing Project to provide a variety of homeless services. 
Financial Implications: Minimal 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140 
Action: 7 speakers. M/S/C (Arreguin/Maio) to 1. Direct the City Manager to work with the Downtown Berkeley Association (DBA) to implement the Positive Change Donation Box Pilot Program, specifically: Directing the Public Works Department to review and approve locations for the installation of donation boxes on City poles. Positive Change donation boxes will be installed up to ten locations by DBA, pre-approved by City of Berkeley Public Works Department. The DBA will start with installation of five boxes as per attached initial location deployment, as reviewed with Public Works Department. Additional locations also to be reviewed by Public Works.   
2. Express support for the Positive Change Donation Box Pilot Program, specifically allocating donations received to the Berkeley Food and Housing Project to provide a variety of homeless services. 
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Abstain – Anderson.



Action Calendar – Old Business

17a. Georgetown University Energy Prize Semi-Finalist Selection (Continued from February 10, 2015) 
From: City Manager  
Contact: Eric Angstadt, Planning and Development, 981-7400

b. PG&E Grant for Georgetown University Energy Prize Semifinals 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to accept a $20,000 grant from PG&E for the approximate period of April 1, 2015 to March 31, 2016 and allocate the funds as follows: $15,000 towards rebates of $100-$200 per household towards energy efficiency assessments for residential buildings; and $5,000 towards energy efficiency education and training for students in the Berkeley community. 
Financial Implications: See report 
Contact: Eric Angstadt, Planning and Development, 981-7400

 Action: Items 17.a. and 17.b. moved to the Consent Calendar.  Adopted Resolution No. 66,957-N.S. authorizing the City Manager to accept a $20,000 grant from PG&E for the approximate period of April 1, 2015 to March 31, 2016 and allocate the funds as follows: $15,000 towards rebates of $100-$200 per household towards energy efficiency assessments for residential buildings; and $5,000 towards energy efficiency education and training for students in the Berkeley community.

  

Council Action Calendar


 

18. One Percent for Public Art on Private Projects 
Supplemental Material
From: Mayor Bates
 
Recommendation: Direct the City Manager to direct City staff to draft an ordinance, to be reviewed by the Civic Arts and Planning commissions, requiring property owners to devote one percent of construction costs of new multifamily residential buildings of five or more units, commercial buildings, and industrial buildings to public art for additional community benefits. The Berkeley “private percent for public art” ordinance would require these new buildings to either provide on-site public art or pay an in-lieu fee. If a property owner opts for on-site public art, he or she should consult with and obtain final approval of the public art from Civic Arts Commission. If a property owner chooses to pay the in-lieu fee, this fee should go a new Public Art Fund to be established with the passage of this ordinance. The Civic Arts Commission should recommend expenditures of these in-lieu fees for public art to the City Council for approval. 
Financial Implications: Staff time 
Contact: Tom Bates, Mayor, 981-7100

Action: 7 speakers. M/S/C (Bates/Maio) to accept revised material from Mayor Bates on Item 18.  
Vote: All Ayes.

Action: 7 speakers. M/S/C (Bates/Maio) to adopt the revised recommendation from Mayor Bates on Item 18 as written below: 
1. Request the City Manager to direct City staff to draft an art ordinance, to be reviewed by the Civic Arts and Planning commissions, that would apply to new multifamily residential buildings of five or more units, commercial buildings, and industrial buildings in all areas of the City outside of the Downtown Mixed Use District.

  

  • The ordinance would require owners of property subject to the ordinance to devote one percent of construction costs to art as a community benefit, either as publicly accessible art on site or through an in-lieu fee.
  • Owners seeking to provide art on site should consult with and obtain final approval of the art from the Civic Arts Commission. The Commission will render a decision within 120 days of receiving the proposal, or later if mutually agreed upon. If the owner and Commission cannot agree, the owner shall pay the in-lieu fee.
  • Owners may opt to pay the fee without proposing on-site art, or they may propose a combination of installing on-site art and paying a fee whose total value is one percent of construction costs.
  • Owners paying the in-lieu fee would make the payment to a dedicated art fund to be used for art projects that meet the definition of “work of art” in the Berkeley Municipal Code or capital improvements for non-profit arts organizations in Berkeley.
  • The Commission shall make recommendations for Council approval on art projects to be funded by the art fund.

2. Request the Planning Commission make recommendations to the Council for public art from private projects in the Downtown Mixed Use District, including art as a requirement or as a community benefit option.

3. Request that the Planning Commission and the Civic Arts Commission to consider additional methods to provide ongoing support for the arts.

Vote: All Ayes.

Recess 8:45 p.m. – 8:55 p.m.

19. Berkeley's Community Commercial Sidewalks and Public Spaces 
Revised Material
From: Councilmembers Maio and Arreguin
 
Recommendation: Discuss and refer the following to the City Manager for implementation, regarding our commercial areas: 1. Ordinance preventing panhandling within 10 feet of a parking pay station (akin to our ATM ordinance).  2. Review ordinances other cities use to address public urination/defecation and return with recommendations for implementation; ensure public restrooms are available and well publicized. Involve BART in exploring possible locations.  3. Ordinance preventing the placement of personal objects in planters, tree wells, or within 3 feet of a tree well. 4. Ordinance preventing lying on planter walls or inside of planters. 5. Ordinance preventing deployment of bedding, tenting, sleeping pads, mattresses, blankets, etc. on sidewalks and plazas from 7 a.m. to 10 p.m. 6. Ordinance preventing personal items from being affixed to public fixtures including poles, bike racks (except bikes), planters, trees, tree guards, newspaper racks, parking meters and pay stations. Pet leashes exempt only as not prohibited in BMC 10.12.110. 7. Ordinance preventing unpermitted cooking on public sidewalks.  8. Survey business districts to determine adequacy of enforcement of current ordinances; develop an action plan for consistent enforcement as needed. 9. Clarify if “no trespass” signs on private property extend to sitting against buildings.  10. Assess adequacy of six-foot right-of-way to enable sufficient pedestrian and wheelchair passage particularly in high-traffic areas. 11. Refer to the budget process extending transition-aged youth shelter hours beyond winter months. 
Financial Implications: See report 
Contact: Linda Maio, Councilmember, District 1, 981-7110

Action: 76 speakers. M/S/C (Bates/Arreguin) to accept revised material from Councilmember Arreguin on Item 19.  
Vote: All Ayes.

Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 11:15 p.m.  
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.

 

Action: M/S/Failed (Arreguin/Anderson) to adopt Councilmember Arreguin’s revised proposal as written.   
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Bates; Abstain - Maio, Moore, Capitelli, Wengraf, Droste.

  

Action: M/S/C (Bates/Maio) to adopt the recommendation for Item 19 as written.  
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin, Worthington.

 


Information Reports

20. Update on Vandalism in Cesar Chavez Park 
From: City Manager 
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700 
Action: Received and filed.

21. Update: Wildlife Management at Cesar Chavez Park 
From: City Manager 
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700; Andrew Clough, Public Works, 981-6300 
Action: Received and filed.

22. LPC-NOD: 2409 College Avenue 
From: City Manager 
Contact: Eric Angstadt, Planning and Development, 981-7400 
Action: Received and filed.

23. LPC-NOD: 2295 Shattuck Avenue 
From: City Manager 
Contact: Eric Angstadt, Planning and Development, 981-7400 
Action: Received and filed.


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

 

   Adjournment in memory of:

 

 

  1. Orrin Keepnews

Adjourned at 11:15 p.m.

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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