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General Information
General Information

 

Regular Meeting eAgenda
March 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, March 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.   Digital Video Surveillance Cameras at Alcohol Outlets; Adding BMC Chapter 9.12
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,398-N.S. requiring liquor stores within certain designated commercial corridors to install digital video camera surveillance upgrades to their locations within six months of the passage of the ordinance, and adding Berkeley Municipal Code Chapter 9.12.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Michael Meehan, Police, 981-5900

2.   Lease Agreement: Tearrific at 2432 Durant Avenue
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,399-N.S. authorizing the City Manager to execute a lease agreement with Marcela Escamilla Gutierrez dba Tearrific, for an initial term of 5 years with one 5-year option to extend, located at 2432 Durant Avenue in the Telegraph Channing Mall.
First Reading Vote: All Ayes.
Financial Implications: Off-Street Parking Fund - $93,334 (Revenue)
Contact: Andrew Clough, Public Works, 981-6300

3.   Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of February 10, 2015 (specials and regular), February 23, 2015 (special closed), and February 24, 2015 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900

4.   Contract: NetFile for Online Campaign Report and Form 700 Filing and Tracking
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Westcoast Online Information Systems, Inc., dba NetFile, for an amount not to exceed $85,000 for the period June 19, 2015 through June 19, 2020 for online campaign report and Form 700 filing and tracking.
Financial Implications: General Fund - $85,000
Contact: Mark Numainville, City Clerk, 981-6900

5.   Formal Bid Solicitation and Request for Proposal Scheduled for Possible Issuance After Council Approval on March 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 - $475,000
Contact: Christine Daniel, Finance, 981-7300

6.   Designate the Line of Succession for the Director of Emergency Services
From: City Manager
Recommendation:
Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an officially declared disaster, and rescinding Resolution No. 65,983-N.S.
Financial Implications: None
Contact: Gil Dong, Fire, 981-3473

7.   FEMA Pre-Disaster Mitigation Grant for James Kenney Community Center Seismic Retrofit Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept 1-time Pre-Disaster Mitigation Grant funds from the Federal Emergency Management Agency (FEMA) in the amount of $727,499 to be used to fund seismic hazard mitigation at the James Kenney Community Center, and execute the resultant grant agreement.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

Council Consent Items

8.   Youth Spirit Artworks: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Anderson
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including up to $1,000 from Councilmember Anderson, to the Youth Spirit Artworks (YSA) with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $1,000
Contact: Max Anderson, Councilmember, District 3, 981-7130

9.   Scheduling June 23, 2015 Worksession: Homeless Task Force
From: Councilmember Arreguin
Recommendation:
Approve the scheduling of a Council Worksession at 5:30 p.m. on Tuesday, June 23, 2015 for presentation from the community Homeless Task Force on its recommendations.
Financial Implications: Minimal
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

10.  Support AB 768 - Tobacco Free Baseball Act
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution supporting AB 768, the "Tobacco Free Baseball Act", introduced by Assemblymember Tony Thurmond.  Send copies of the resolution to Assemblymember Thurmond, State Senator Loni Hancock, Governor Jerry Brown, and bill coauthors Assemblymember Richard Bloom and State Senator Mark Leno.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

11.  Assembly Bill 7: Larry Itliong Day
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution in support of Assembly Bill (AB) 7, authored by Assemblymember Rob Bonta, which would require the Governor to annually proclaim October 25 as Larry Itliong Day and establish special significance in public schools to encourage remembrance.  Copies of the Resolution are to be sent to Governor Jerry Brown, State Senate President Pro Tem Kevin de Leon, State Senator Loni Hancock, Assembly Speaker Toni Atkins, and State Assemblymembers Tony Thurmond and Rob Bonta.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

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 – Public Hearings

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.

12.  ZAB Appeal: 2135 Roosevelt Avenue
Attachment 3
Attachment 4 & 6
Attachment 5 - Admin Record, Pt 1
Attachment 5 - Admin Record, Pt 2
From: City Manager
Recommendation:
Conduct a public hearing, and upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. AUP2014-0032 to raise an existing single-story, single-family residence to create 1,357 square feet of habitable space at the ground floor and to install a hot tub on the rear deck.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

Action Calendar – Old Business

13. a. Establishment of Disaster Council  (Continued from February 10, 2015)
From: Disaster and Fire Safety Commission
Recommendation: 
1.  Establish a Disaster Council, consisting of the City Manager, any of the City senior staff that she believes to be necessary for such a Council, the Mayor and/or such members of the City Council as the City Council deems appropriate, and such members of the public as either the City Manager or City Council deems appropriate with the authority to register, activate, and deploy Disaster Service Workers;
2.  Authorize the City Manager to act on behalf of the Disaster Council between meetings of that Council; and
3.  Authorize the City Manager to delegate any duties related to the Disaster Council to such members of the City Staff as she deems appropriate.
Financial Implications: None
Contact: David Brannigan, Commission Secretary, 981-3473

b. Establishment of Disaster Council  (Continued from February 10, 2015)
From: City Manager
Recommendation:  Defer creation of a Disaster Council separate from the Disaster and Fire Safety Commission pending a response from the California Office of Emergency Services (Cal OES) regarding compliance of the City of Berkeley's Disaster and Fire Safety Commission (D&FSC) serving as its Disaster Council.
Financial Implications: None
Contact: Gil Dong, Fire, 981-3473

14.  City Manager Referral: Amend the Berkeley Municipal Code to Require City Contractors to Submit an Equal Pay Report (Continued from February 10, 2015)
From: Councilmember Worthington
Recommendation: Refer to the City Manager to amend the Berkeley Municipal Code to require City contractors and subcontractors with 20 more employees to submit a Equal Pay Report.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – New Business

15.  Amending BMC Chapter 13.42 to Adopt Additional Operating Standards for Mini-Dorms and Group Living Accommodations
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending the title of Chapter 13.42 and Sections 13.42.010, 13.42.020, 13.42.030, 13.42.035, and 13.42.040 of the Berkeley Municipal Code ("BMC") to adopt additional operating standards for Mini-dorms and to extend these standards to all group living accommodations ("GLAs"), in specified districts.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

16.  Accessory Dwelling Units
Supplemental materials
From: Mayor Bates
Recommendation:
Request the City Manager incorporate requirements outlined in the report to allow Accessory Dwelling Units (ADUs) as-of-right and return to Council with appropriate ordinance language to implement.  ADUs not conforming to these standards may be considered with an Administrative Use Permit.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

Information Reports

17.  LPC-NOD: 1350 Fourth Street
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400


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 March 12, 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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