General Information
General Information

Regular Meeting eAgenda
February 15, 2011

Printer-friendly PDF* agenda 

 

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 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, February 15, 2011
 
7:00 P.M.
 
Council Chambers - 2134 Martin Luther King Jr. Way
Teleconference Location: 1901 Alcatraz Avenue
 
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 Deanna Despain, 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.
 
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.

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 - $441,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Albany Unified School District to provide targeted psycho-educational services to the Asian/Pacific Islander and Latino communities in the City of Albany for the period February 16, 2011 through June 30, 2011 in an amount not to exceed $53,040.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Authorizing the City Manager to accept grant funds from the California Department of Public Health in the total amount of $446,285 for three years, 10/1/2010 through 9/30/2013, to provide nutrition education and related services; and
2.   Authorizing the City Manager to execute the resultant revenue agreements, contracts and any amendments and extensions; and 
3.   Authorizing the implementation of the project and appropriation of funding for related expenses.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7489 with Software AG for licensing and maintenance of the WebMethods Enterprise Server Bus ("Middleware"), increasing the amount by $70,000 for a total contract amount not to exceed $255,000, for the term December 21, 2007 to June 30, 2013.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Authorizing the City Manager to submit a second grant application to the First 5 Alameda County Neighborhood Partnership Grant Program to continue operating Kindergarten Readiness programs in the amount of $150,000 over 24 months; and
2.   Authorizing the City Manager to accept the grant; and
3.   Authorizing the City Manager to execute any resultant revenue agreements and amendments; and 
4.   Authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution to:
1.   Establish policies and fee schedules to include Early Bird rates for the Center Street Garage and Telegraph/Channing Garage; and 
2.   Rescind Resolution No. 64,713-N.S.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for Maryland Industrial Trucks, Inc. in an amount not to exceed $379,608 for one Vactor 2110 combination sewer cleaner truck.
Financial Implications: Equipment Replacement Fund - $379,608
Contact: Andrew Clough, Public Works, 981-6300
 
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the selection of Justina Cross (District 3) as a representative of the poor, having been selected at the January 19, 2011 Human Welfare and Community Action Commission (HWCAC) meeting and serving until the next election in November 2012.
Financial Implications: See report
Contact: Leah Talley, Commission Secretary, 981-5400

 
Council Consent Items
 
From: Councilmembers Arreguin and Worthington
Recommendation: 
1.   Request PG&E to identify the size, condition, age, location and last inspection dates of all natural gas pipelines in Berkeley that cross the Hayward Earthquake Fault;
2.   Request that PG&E install shut-off valves on pipelines crossing the fault.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Wengraf
Recommendation: Approve City of Berkeley sponsorship of a fundraising event to benefit the Berkeley Animal Shelter to be held at the Berkeley Arts Center March 12, 2011. Donations will be made to: City of Berkeley Animal Shelter Fund.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
11.  Temporary Operation Extension for the Warm Water Pool (PDF)
From: Councilmembers Worthington and Arreguin 
Recommendation: A high priority budget referral to the City Manager to provide funding to extend operation until actual construction absolutely requires operation to cease and to post a notice at the pool that operation will continue after June.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Allow the Tibetan flag to be raised on the City flag pole on Thursday, March 10, 2011 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.
Financial Implications: None
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 – Appeals
 
Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.
 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny MODUP No. 10-70000010 and Variance No. 10-10000071, which would modify Use Permit No. 07-10000045 by reducing the amount of approved off-street parking from four spaces to two, where four spaces are required.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
b.  Communications
1.    Christopher Taggert (3)

 
Action Calendar – Old Business
 
14.  Affordable Housing Impact Fee (Continued from January 25, 2011)
Recommendation: Direct the City Manager to prepare an ordinance adopting an affordable housing impact fee of $20,000 per unit for new multifamily rental housing, and directing proceeds to the City's Housing Trust Fund. Direct the City Manager to draft changes to the inclusionary housing ordinance, specifically, removing components addressing rental housing in order to make Berkeley's requirements consistent with the Palmer/Sixth Street Properties vs. City of Los Angeles court decision.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
Recommendation: Adopt an Affordable Housing Impact Fee set at $28,000 per unit for new multifamily rental housing, and allow developers the option of setting aside 20% of the base units in a project to be available at below market rate rents, at the levels set under the City’s prior inclusionary housing requirement.  The HAC also recommends that City Council review the provisions of any impact fee when the City of Berkeley Housing Element is updated to ensure that they are economically feasible and are designed to serve the community’s highest priorities for the provision of affordable housing.
Financial Implications: See report
Contact: Kristen Lee, Commission Secretary, 981-5400
 
15.  Proposed Open Government Ordinance, Adding BMC Chapter 2.06 (Continued from January 25, 2011)
Recommendation: Adopt first reading of an Open Government Ordinance, adding Chapter 2.06 to the Berkeley Municipal Code.
Financial Implications: See report
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
From: Mayor Bates
Recommendation: Adopt the following amendments to the rules of the Agenda Committee 
1.   Two Amendments to Council Rules Section III. Part C - Procedures for Bringing Matters Before City Council
Amend Section III, Part C, 1a) Items Authored by a Councilmember or the Auditor
Amend second paragraph to:
The author of a “referred” item must inform the City Clerk within 24 hours of the adjournment of the Agenda Committee whether they prefer to: 1) hold the item for a future meeting pending modifications as suggested by the Committee; 2) pull the item completely; or 3) re-submit the item with revisions as requested by the Agenda Committee for the following Council agenda.
Amend Section III. Part C, 1c) Items Authored by Boards and Commissions
Remove the clause “While these items are not subject to review by the Agenda Committee” and replace with “The Agenda Committee will assess whether the report meets the requirements as described in the Commission Handbook Section D Commission Reports to Council.  If the report is deemed complete, the Agenda Committee will place the item on the Council Agenda.  If the report is deemed incomplete, the Agenda Committee will send the item back to the Commission for further development.”
2.   Amend the Council Rules on Section IV. Part A
Amend Section IV. Part A1 Public Comment on Consent and Information Items
Add to the 3rd paragraph “The Presiding Officer has the authority to reschedule the removed “Consent” item to either the beginning or the end of the Action Calendar.”
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting AB 37, which suspends “smart meter” installations until “opt-out” alternatives are developed for customers.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
Action Calendar – New Business
 
From: City Manager
Recommendation: 
1.   Authorize the City Manager to implement a cost savings plan in response to the FY 2011 revenue shortfall of $1.8 million, including capturing $1.0 million in projected FY 2011 savings and deferring $0.8 million in capital improvements.
2.   Direct the City Manager to return by March 22, with recurring cost savings measures for FY 2012 & FY 2013 to correct  the General Fund and special funds in deficit which include the mental health, public health, permit service center, and refuse programs and balance fund deficits caused by loss of Federal and State funding and the economy.
3.   Direct the City Manager to develop long-term strategies to reduce the unfunded liabilities. 
Financial Implications: See report.
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
18.  The Safe Resettlement of Cleared Guantánamo Detainees
Recommendation: Adopt a Resolution to assist in the safe resettlement of cleared Guantánamo detainees.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
 
Recommendation: Take no action at this time on the Commission's recommendation relating to the "safe resettlement of cleared Guantánamo detainees."
Financial Implications: None
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
From: Peace and Justice Commission
Recommendation: Adopt a Resolution to obtain Humane Treatment and conditions of pre-trial confinement and human rights for Pfc. Bradley Manning.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
 
Action Calendar – Council Reports
 
Recommendation: Adopt the following recommendations responding to the proposed state budget cuts and send a copy of the suggested alternatives to Assemblymember Nancy Skinner, Senator Loni Hancock and Governor Jerry Brown.
Suggested Alternatives:
1. Cuts to the California Corrections Department
a. Cut $2 billion from the prison budget. The California State Senate had previously voted to cut $900 million;
b. Early release of elderly inmates and inmates incarcerated due to possession of marijuana. Since marijuana is an infraction, it is reasonable to release anyone currently incarcerated from marijuana possession and are non-violent.
c. Eliminate marijuana use as a condition to release for probation or parole.  
2. Reform state long-term care to decrease institutionalization in nursing facilities.
3. Reduce the contracting out of consulting and engineering contracts which could easily save $500 million.
4. Cuts to Medi-Cal
a. Modify the state’s existing Medicaid Home and Community-Based Services waiver so more people can avoid expensive and unnecessary institutional placement.
b. Draw down new federal Medicaid funds for some AB 3632 mental health services for special education students.
5. Cuts to CalWORKs
a. Minimize cuts to CalWORKs
6. Cuts to University of California and California State University Systems:
a. In light of tuition hikes, for both the UC and CSU systems, reduce the proposed cuts.
7. Cuts to Developmental Services
a. Implement the closure plan for Lanterman Development Center, and develop a plan for closing two other Developmental Centers, resulting in lower cost for higher quality services.
b. Consolidate state licensing/quality assurance functions for the developmental disabilities system in DDS, saving revenue.
8. Cuts to In-Home Support Services:
a. Eliminate the IHSS consumer fingerprinting and timesheet requirements, estimated by the Department of Social Services to require spending $41 million dollars over several years to photograph and fingerprint IHSS consumers.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
Information Reports
 
From: City Manager
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

 
Public Comment – Including 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.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
 
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.
 
Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/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@ci.berkeley.ca.us

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.
Please refrain from wearing scented products to this meeting.
 
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 9, 2011.

Deanna Despain, 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.
 
Sex Reassignment Surgery Policy and Fund
1.    Sherri Harding
2.    Barbara Gilbert
3.    Elizabeth Green
 
Industry and the Smart City
4.    Zelda Bronstein
 
Pedestrian/Cyclist Safety / Traffic Concerns
5.    Ramona d’Viola
 
PowerPoint Usage at Council Meetings
6.    Zelda Bronstein

 
 
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