Regular Meeting eAgenda
March 8, 2011

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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: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, March 8, 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

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, 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: 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: Adopt second reading of Ordinance No. 7,166–N.S. (Open Government 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.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution approving donations to the Animal Shelter in the sum of $5,000 from the Stephen and Mary Birch Foundation, $5,000 from the Chao Foundation and $2,500 from the Raymond Family Foundation.
Financial Implications: Animal Shelter Donation Fund - $12,500
Contact: Phil Kamlarz, City Manager, 981-7000
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 8, 2011 (regular), February 15, 2011 (special and regular) and February 22, 2011 (special).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
4.**Removed from agenda per City Manager**Formation of the Downtown Berkeley Property and Business Improvement District (DPBID)
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: 
1.   Adopt a Resolution establishing procedures and increasing benefit assessments on real property under Proposition 218.
2.   Adopt a Resolution declaring intent to reestablish the NSBID for the ten-year period beginning July 1, 2011 and ending June 30, 2021. 
3.   Set a public hearing for May 3, 2011 on reestablishment of the District, and directing the City Clerk to conduct all necessary proceedings for reestablishment of the NSBID.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 7594 and authorizing the Mayor to extend the agreement with Caporicci & Larson, Inc. (the auditing firm selected by the Mayor, to audit the City's financial statements and perform compliance audits required by the Single Audit Act of 1984-as amended in 1996), by one year for the period of July 1, 2011 through June 30, 2012 (audit of FY 2011), in the amount of $188,625.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,250-N.S., Classification and Salary for Public Employees Union Local One, to establish the classification of Mental Health Clinical Supervisor with a monthly salary range of $6,760 - $8,300, effective March 14, 2011.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
 
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Environmental Enhancement and Mitigation Caltrans Program (EEMP) for the Berkeley Urban Reforestation Project in the amount of $248,600; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: $248,600 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8475 with Precision Engineering, Inc. increasing the contract by $13,455 to include additional sidewalk, curb, and pavement replacement for the storm drainage work, for a total contract amount not to exceed $213,444 for all services.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit to DaVita Dialysis Clinic, located at 2920 Telegraph Avenue, for an Americans with Disabilities Act (ADA) compliant accessible ramp and landing, encroaching into the public right-of-way of Telegraph Avenue.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300

 
Council Consent Items
 
From: Councilmember Maio
Recommendation: Adopt a Resolution establishing that the City of Berkeley officially sponsor the Hemophilia Foundation of Northern California's (HFNC) Hemophilia Walk on Saturday, April 16, 2011 in Cesar Chavez Park.  The HFNC is not seeing monetary sponsorship, just the ability to use City logo in event materials.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Arreguín
Recommendation: Adopt a Resolution commemorating the 100th anniversary of the Triangle Shirtwaist Factory Fire.
Financial Implications: None
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
 
From: Councilmember Wengraf
Recommendation: Adopt a Resolution opposing HR3 (Smith) “No Taxpayer Funding for Abortion Act.” Request that the City Clerk send copies of the adopted resolution to the House Energy and Commerce Committee’s subcommittee on Health, Members of the House Judiciary Committee, Rep. Barbara Lee, and Senators Boxer and Feinstein.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
From: Councilmember Wengraf
Recommendation: Adopt a Resolution opposing HR358 (Pitts) “Protect Life Act.” Request that the City Clerk send copies of the adopted resolution to the House Energy and Commerce Committee’s subcommittee on Health, Members of the House Judiciary Committee, Rep. Barbara Lee, and Senators Boxer and Feinstein.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager addition to the Work Plan of seeking external funding for the installation of pedestrian lighting on Telegraph Avenue.
Financial Implications: Potential grants to the City
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a proclamation declaring April 24, 2011 Armenian Genocide Commemoration Day in Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington, Anderson, Moore and Arreguín
Recommendation: Send a letter to Wisconsin Governor Scott Walker supporting the state’s public employees right to collectively bargain.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager and Police Chief the creation a permanent "walk the beat" program on Telegraph Avenue.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington and Wozniak
Recommendation: Refer to the City Manager and Police Chief the feasibility of creating a Public Safety Commission to function in an advisory role to the City Council on matters relating to public safety in Berkeley.
Financial Implications: Staff time
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 – Old Business
 
From: Councilmembers Worthington, Anderson and Arreguin
Recommendation: Adopt the following recommendations responding to the proposed state budget cuts.
Suggested Alternatives:
1.   Cuts to the California Department of Corrections and Rehabilitation:
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.   Reduce 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.   Reduce cuts to CalWORKs
6.   Reduce 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
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

 
Action Calendar – New Business
 
Recommendation: Consider waiving the requirements of the Living Wage Ordinance (BMC Chapter 13.27) with respect to Acre Café based on a finding and determination that such a waiver is in the best interest of the City because doing so would support the establishment of a new business at the Ed Roberts Campus, the success of which is important to the City both because of its role as a center for disability services and because of the City’s significant financial investment in it.  Should Council wish to waive the living wage requirements, adopt the resolution attached to this report. 
Financial Implications: See report.
Contact: Jane Micallef, Housing and Community Services, 981-5400

 
Action Calendar – Council Reports
 
From: Councilmember Arreguín
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (B.M.C.) Section 9.32.020 to permit chair massages as an incidental service.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7140
 
From: Councilmembers Worthington and Arreguín
Recommendation: Establish a 6 month trial period scheduling council public hearing at 8 p.m.  This would include public hearings and items heard on appeal to decide whether or not to have a public hearing.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager and the Fair Campaign Practices Commission the recommendation that all campaign finance reports be filed electronically. Change Berkeley regulations to eliminate the requirement to file a paper copy as soon as the Secretary of State allows electronic filing to replace submission of a hard copy.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

 
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 March 3, 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.
 
South and West Berkeley Branch Libraries
1.    Carole Brown
2.    Daniella Thompson, on behalf of the Berkeley Architectural Heritage Association (BAHA)
 
Lawrence Berkeley National Laboratory Second Campus
3.    Polly Armstrong, on behalf of the Berkeley Chamber of Commerce
 
Acheson Commons and Measure R
4.    Eric Panzer, on behalf of Livable Berkeley
 
Bay Area Community Land Trust / Co-op Training
5.    Mel Martynn, on behalf of the Savo Island Cooperative Homes Board of Directors
 
2133 Parker
6.    Karl Reeh, on behalf of the LeConte Neighborhood Association
 
Safety in South Berkeley
7.    Robin Wright
 
Ohlone Dog Park
8.    Bruce Feldmann
 
Guantánamo Detainees
9.    Pierre St. Amour
 
Corporate Personhood
10. Angela Mary Fitzgerald
 
KPFA
11. Margy Wilkinson
12. Virginia Browning
13. Mary Jane Sepulveda
14. Barrie Mason