Regular Meeting Annotated Agenda
March 08, 2011

Printer-friendly PDF* annotated 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.

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, March 08, 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: 7:39 p.m.  Absent: Councilmember Moore and Anderson.  Councilmember Moore present at 7:40 p.m.  Councilmember Anderson present at 7:42 p.m.

Ceremonial Matters:

  1. First Congregational Church
  2. Berkeley Housing Authority
  3. Women’s’ History Month

City Manager Comments: 2010 Census Data released.

Public Comment on Non-Agenda Matters: 1 speaker.


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

Consent Calendar

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

1. Proposed Open Government Ordinance, Adding BMC Chapter 2.06 (PDF)
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.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Christine Daniel, Deputy City Manager, 981-7000
Action: Adopted second reading of Ordinance 7,166–N.S. (Open Government Ordinance).
 
2. Animal Shelter Donations: Stephen and Mary Birch Foundation, Chao Foundation and Raymond Family Foundation (PDF)
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
Action:  Adopted Resolution No. 65,183–N.S.

3. Minutes for Approval (PDF)
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
Action: Approved minutes as submitted.

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

5. Renewal of the North Shattuck Business Improvement District (NSBID) (PDF)
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
Action:  Adopted Resolution No. 65,184–N.S., Resolution No. 65,185–N.S. and scheduled a public hearing for May 3, 2011 on reestablishment of the District.

6. Contract No. 7594 Amendment: Caporicci & Larson, Inc., Certified Public Accountants (PDF)
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
Action:  Adopted Resolution No. 65,186–N.S.

7. Classification and Salary: Mental Health Clinical Supervisor (PDF)
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
Action:  Adopted Resolution No. 65,187–N.S.

8. Grant Application: Caltrans Environmental Enhancement and Mitigation Program - Tree Planting Project in Berkeley (PDF)
From: City Manager
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
Action:  Adopted Resolution No. 65,188–N.S.

9. Contract No. 8475 Amendment: Precision Engineering, Inc. for Storm Drain Work on Euclid Avenue (PDF)
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
Action:  Adopted Resolution No. 65,189–N.S.

10. Major Encroachment Permit: DaVita Dialysis Clinic - 2920 Telegraph Avenue (PDF)
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
Action:  Adopted Resolution No. 65,190–N.S.

Council Consent Items

11. City of Berkeley's Official Sponsorship of the Hemophilia Foundation of Northern California's Hemophilia Walk (PDF)
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
Action:  Adopted Resolution No. 65,191–N.S.
 
12. Commemoration of the 100th Anniversary of the Triangle Shirtwaist Factory Fire (PDF)
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
Action:  Adopted Resolution No. 65,192–N.S.

13. Oppose H.R.3, (Smith) “No Taxpayer Funding for Abortion Act” (PDF)
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
Action:  Adopted Resolution No. 65,193–N.S.

14. Oppose H.R.358, (Pitts) “Protect Life Act” (PDF)
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
Action:  Adopted Resolution No. 65,194–N.S.

15. Pedestrian Lighting on Telegraph Avenue (PDF)
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
Action: Approved recommendation.

16. Support the Declaration of April 24, 2011 as Armenian Genocide Commemoration Day in Berkeley (PDF)
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
Action: Approved proclamation.

17. Support Wisconsin State and Local Government Employees (PDF)
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
Action: Approved recommendation with revisions to the letter.

18. Creation of a Regular "Walk the Beat" Program on Telegraph Avenue (PDF)
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
Action: Approved recommendation.

19. Establishment of a Public Safety Commission (PDF)
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: Approved recommendation revised to include directing the City Manager to explore the possibility of expanding an existing commission’s duties to include this new advisory role.


Action Calendar – Old Business

20. The PEOPLE'S (Preventing Early Obituaries by Proposing Logical Economic Solutions) Budget Alternative (continued from February 15, 2011) (PDF)
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
Action: Continued to March 22, 2011.

21. Panoramic Hill (ESR) Zoning Ordinance Definition of Bedroom (continued from February 15, 2011) (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action: 2 speakers.  Moved to Action Calendar. M/S/C (Arreguin/Wozniak) to refer the issue of initiating Residential Parking Permit restrictions to the City Manager and Planning Commission.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Action Calendar – New Business

22. Waiver of Living Wage Ordinance for Acre Café at the Ed Roberts Campus (PDF)
From: City Manager
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: 1 speaker.  M/S/C (Anderson/Capitelli) to authorize the City Manager to negotiate an alternative to a waiver of the requirements of the Living Wage Ordinance (BMC Chapter 13.27) with respect to Acre Café.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Absent –  Worthington.

Absent: Councilmember Worthington: 8:24 p.m. – 8:33 p.m.


23. Amending Berkeley Municipal Code Section 9.32.020 to Permit Chair Massages as an Incidental Service (PDF)
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: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Moved to Consent Calendar.  Refer to the City Manager and Planning Commission, an ordinance amending Berkeley Municipal Code (B.M.C) Section 9.32.020 to permit chair massages as an incidental service.
 
24. Starting Public Hearings at a Set Time (PDF)
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
Action: 0 speakers.  M/S/C (Bates/Maio) to establish a 6 month trial period scheduling council public hearings no sooner than 8 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

25. Increase Public Accessibility to Campaign Finance Reports by Requiring Electronic Submission (PDF)
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
Action: Moved to Consent Calendar. Refer to the City Manager and the Fair Campaign Practices Commission the recommendation that all campaign finance reports be filed electronically.


Information Reports

26. Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action: Received and filed.
 
27. Zoning Changes to Encourage Economic Development (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action: Moved to Action Calendar.  Discussion held and report received and filed.

28. Pilot Residential Preferential Parking Policy Modification for North Willard Neighborhood (PDF)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

29. Residential Recycling Cart Program Overview (PDF)
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

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


Adjournment

Adjourned at 8:59 p.m.


Communications

South and West Berkeley Branch Libraries
1.    Carole Brown – Referred to City Manager by Councilmembers Wozniak and Moore.
2.    Daniella Thompson, on behalf of the Berkeley Architectural Heritage Association (BAHA) - Referred to City Manager by Councilmembers Arreguin and Moore.

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 - Referred to City Manager by Councilmember Arreguin.

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

Supplemental Communications and Reports 1

Item 1: Proposed Open Government Ordinance, Adding BMC Chapter 2.06
15. Doug Buckwald

Item 23: Amending Berkeley Municipal Code Section 9.32.020 to Permit Chair Massages as an Incidental Service
16. Nancy Carleton

Supplemental Communications and Reports 2

Item 12: Commemoration of the 100th Anniversary of the Triangle Shirtwaist Factory Fire
17. Unknown