Regular Meeting Annotated Agenda
February 15, 2011

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, February 15, 2011
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 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:03 p.m.  All present.

Ceremonial Matters: 

  1. Josefina Lopez

City Manager Comments: None

Public Comment on Non-Agenda Matters: 3 speakers.


Public Comment on Consent Calendar and Information Items Only: 1 speaker.

Consent Calendar

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

1. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
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
Action: Approved recommendation.
 
2. Contract: Albany Unified School District for Community Education and Supports Project (PDF)
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
Action:  Adopted Resolution No. 65,173–N.S.

3. Grant: Nutrition Education Program (PDF)
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
Action:  Adopted Resolution No. 65,174–N.S.

4. Contract No. 7489 Amendment: Software AG for WebMethods Enterprise Service Bus ("Middleware") (PDF)
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
Action:  Adopted Resolution No. 65,175–N.S.

5. Grant Application: First 5 Alameda County Neighborhood Partnership Grant - Round 2 (PDF)
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
Action:  Adopted Resolution No. 65,176–N.S.

6. Early Bird Parking Fee Schedule for City-Owned Garages (continued from January 18, 2011) (PDF)
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
Action:  Adopted Resolution No. 65,177–N.S.

7. Purchase Order: Maryland Industrial Trucks, Inc. for One Vactor 2110 Combination Sewer Cleaner Truck (PDF)
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
Action:  Adopted Resolution No. 65,178–N.S.

8. Human Welfare and Community Action Commission Representatives of the Poor (PDF)
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
Action:  Adopted Resolution No. 65,179–N.S.


Council Consent Items

9. Pacific Gas and Electric - National Pipeline Safety (PDF)
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
Action: Approved recommendation as revised to read as follows:

1.   Request PG&E to identify the size, condition, age, location and last inspection dates of all natural gas pipelines in Berkeley;

2.   Request that PG&E install shut-off valves on pipelines in Berkeley.

10. Official City Sponsorship of Berkeley Animal Shelter Fundraiser (PDF)
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
Action: Approved recommendation.
 
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
Action: Approved recommendation.

12. Raising the Tibetan Flag in Solidarity with the Tibetan People for 52 Years in Exile (PDF)
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: Approved recommendation.


Action Calendar – Appeals

Administrative Record (PDF)
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: M/S/C (Maio/Capitelli) to adopt Resolution No. 65,180–N.S. remanding the matter back to the Zoning Adjustments Board (ZAB) including exploration of parking alternatives.

Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None. 


Action Calendar – Old Business

14.  Affordable Housing Impact Fee (Continued from January 25, 2011)
a. From: City Manager (PDF)
Presentation (PDF)
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

b. From: Housing Advisory Commission (PDF)
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
Action: 3 speakers. M/S/C (Arreguin/Anderson) to direct the City Manager to prepare an ordinance including a range of options for an affordable housing impact fee and schedule a worksession on the topic.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Recess: 9:12 p.m. – 9:27 p.m.

15.   Proposed Open Government Ordinance, Adding BMC Chapter 2.06 (Continued from January 25, 2011)
a. From: City Manager (PDF)
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

b. Proposed Changes to Council Rules of Procedure Section III Part C and Section IV Part A (PDF)
Supplemental Agenda Material (PDF) 
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

a.
Action:  13 speakers.  M/S/C (Wengraf/Wozniak) to adopt first reading of Ordinance No. 7,166–N.S. (Open Governance Ordinance) adding Chapter 2.06 to the Berkeley Municipal Code revised to reflect the following:

2.06.050 No Private Cause of Action

Nothing in this chapter shall limit any person’s right to seek a writ of mandate or other available administrative or judicial remedy.

2.06.080 B Regular City Council Meetings shall begin no later than 7:00 p.m.

Second reading scheduled for March 8, 2011.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

b.
Action: M/S/C (Maio/Moore) to approve the Mayor’s recommendation to adopt the following amendment to the rules of the Agenda Committee:

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.”
Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin, Worthington.

16. Support of Assembly Bill 37, Authored by Assemblymember Jared Huffman (continued from February 8, 2011) (PDF)
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: 10 speakers.  M/S/C (Arreguin/Worthington) to adopt Resolution No. 65,181–N.S. supporting AB 37, which suspends “smart-meter” installations until “opt-out” alternatives are developed for customers and send a letter to Assembly members Skinner and Huffman requesting the inclusion of a retroactive “opt-out” in AB 37.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Worthington.  Noes: Capitelli, Wengraf, Wozniak.  Absent: Bates.

 

Action: M/S/C (Worthington/Anderson) to suspend the Council Rules of Procedure and extend the meeting to 11:30 p.m.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington.  Abstain: Capitelli, Wozniak.  Absent: Bates.

 

Mayor Bates absent: 10:49 p.m.- 10:55 p.m.


Action Calendar – New Business

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
Action: Moved to Consent Calendar. Approved the City Manager’s recommendation to:

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.

18.  The Safe Resettlement of Cleared Guantánamo Detainees
a. From: Peace and Justice Commission (PDF)
Recommendation: Adopt a Resolution to assist in the safe resettlement of cleared Guantánamo detainees.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100

b. From: City Manager (PDF)
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
Action: No action taken.
 
19. Obtain Humane Treatment and Conditions of Pre-Trial Confinement and Human Rights for Pfc. Bradley Manning (PDF)
Supplemental Agenda Material (PDF)
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: M/S/C (Capitelli/Wengraf) to adopt Resolution No. 65,182-N.S. to obtain Humane Treatment and conditions of pre-trial confinement and human rights for anyone subjected to such conditions including Pfc. Bradley Manning.  Letter to be sent to new Brig Commander, CWO4 Denise Barnes.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

20. The PEOPLE'S (Preventing Early Obituaries by Proposing Logical Economic Solutions) Budget Alternative (PDF)
From: Councilmember Worthington, Arreguin and Anderson
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
Action: Continued to March 8, 2011.

Information Reports

21. Audit: Mental Health Adult Clinic Surprise Cash Count: Client Funds Could Be Lost, Stolen or Misused (PDF)
From: City Manager
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Received and filed.

22. Update on Medi-Cal Mental Health Audit (PDF)
From: City Manager 
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Received and filed.

23. Change in Public Hearing Notices for Zoning Applications (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.
 
24. Panoramic Hill (ESR) Zoning Ordinance Definition of Bedroom (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Continued to March 8, 2011.

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


Adjournment

Adjourned at 11:30 p.m.


Communications

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 – Referred to City Manager by Councilmember Arreguin.


Supplemental Communications and Reports 1

Item 15: Proposed Open Government Ordinance, Adding BMC Chapter 2.06
7.    Nancy Bickel, on behalf of the League of Women Voters

Item 16: Support of Assembly Bill 37, Authored by Assemblymember Jared Huffman
8.    Erica Etelson
9.    Meaveen O’Connor
10. Michael Diehl
11. Stephanie Thomas (3)
12. Phoebe Sorgen
13. Soula Culver (4)

Item 18: The Safe Resettlement of Cleared Guantánamo Detainees
14. Melissa Lagusis
15. Vicki Costanza
16.     Cynthia Papermaster

Supplemental Communications and Reports 2

Item 13: ZAB Appeal: 1423 Kains Avenue, Modification Use Permit 10-70000010 and Variance 10-10-70000071
17. Unknown

Item 14: Affordable Housing Impact Fee

18.     Dustin Smith
19.     Christopher Hudson

Item 15a: Proposed Open Government Ordinance, Adding BMC Chapter 2.06
20.     Jesse Arreguin, District 4

Item 15b: Proposed Changes to Council Rules of Procedure Section III Part C and Section IV Part A

Item 17: FY 2011 Mid-Year Budget Revisions Responding to Revenue Shortfall of $1.8 Million
21.     Gordon Wozniak, District 8

Item 18: The Safe Resettlement of Cleared Guantánamo Detainees
22.     Gordon Wozniak, District 8
23.     Benjamin Meyers
24.     Anne Whyte
25.     Daniel Kintz
26.     Unknown

Item 19: Obtain Humane Treatment and Conditions of Pre-Trial Confinement and Human Rights for Pfc. Bradley Manning