Regular Meeting eAgenda
March 22, 2011

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Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, March 22, 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 a Resolution approving the settlement of the claim by Arden Johnson for $36,500.  Claim No. GHB 012666.
Financial Implications: Public Liability Fund - $36,500
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Approve the minutes from the Berkeley City Council meeting of March 8, 2011 (special and regular) and March 14, 2011 (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: 
1.   Adopt seven (7) Resolutions authorizing the City Manager to execute and implement amended and restated Retiree Health Premium Assistance Plan documents and Retiree Health Premium Assistance Trust Agreements for the following representational groups: a. Confidential and Executive Management Employees in Representation Unit Z1 and Elected Officials,  b. Confidential Professional and Clerical Employees in Representation Units Z2 through Z9 c. Employees represented by the International Brotherhood of Electrical Workers Local 1245 d. Employees represented by Public Employees Union Local 1, e. Employees represented by Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association Chapters f. Employees represented by Service Employees International Union Local 1021 Maintenance and Clerical Chapters.  g. Employees represented by SEIU Local 1021 at the Berkeley Housing Authority. 
2.   Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement between the City and the Board of Commissioners of the Berkeley Housing Authority that provides that the Berkeley Housing Authority agrees to become an employer sponsor and agrees to follow all of the terms of the Retiree Health Premium Assistant Plan and the associated Plan Trust Agreement.
3.    Rescind Resolution No. 61,752-N.S. adopted September 17, 2002 that established the original Retiree Health Premium Assistance Plan.
4.   Rescind Resolution No. 64,874-N.S. adopted on May 18, 2010 that amended and restated the Grantor Trust established to hold assets of the Retiree Health Premium Assistance Plan to conform with GASB Statement Number 45 and to the requirements of Internal Revenue Code Section 115.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Accepting the requests to withdraw bids received from D.L. Falk Construction and J.H. Fitzmaurice, Inc.; and
2.   Rejecting all remaining bids received on February 17, 2011, prepare a new addendum, and reopen the bidding for the project as modified by the new addendum.
Financial Implications: See report
Contact: Donna Corbeil, Library, 981-6100
 
From: Commission on the Status of Women
Recommendation: Adopt a Resolution designating April 18 through April 24, 2011 as Sexual Exploitation of Youth Awareness week.
Financial Implications: None
Contact: Nicole Kelly, Commission Secretary, 981-5125
 
Council Consent Items
 
From: Councilmembers Maio, Wozniak and Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1000 per Councilmember to the 2011 Berkeley Earth Day Festival (managed by the Ecology Center) with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Fund - $1000
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmembers Arreguin and Moore
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $220 per Councilmember to the K to College School Supply Initiative's Give 22 campaign with funds relinquished to the City's General Fund for this purpose from the discretionary Council Office Budgets of Councilmembers Jesse Arreguín and Darryl Moore and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Fund - $220
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Arreguin and Worthington
Recommendation: Adopt a Proclamation declaring the period of March 21, 2011 to April 23, 2011 as the 2011 César Chávez Commemorative Period.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Worthington and Wengraf
Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the 9th Annual Holocaust Remembrance Day event.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington and Wengraf
Recommendation: Adopt a Resolution to approve the expenditure of $801 to the Holocaust Remembrance Day Event with funds relinquished to the City’s general fund for this purpose from Councilmember Kriss Worthington’s discretionary Council Office Budget.
Financial Implications: Councilmember's Discretionary Fund - $801
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 – Public Hearing
**Will commence no earlier than 8:00 p.m.**
 
At its meeting of March 8, 2011, City Council established a 6 month trial period for scheduling Public Hearings no earlier than 8:00 p.m.
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.
 
From: City Manager
Recommendation: Conduct a Public Hearing and affirm the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 09-20000090, to construct a new third story of approximately 583 sq. ft. on an existing two-story, approximately 1,589 sq. ft. single-family residence.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Close the public hearing and:
1.   Adopt a Resolution certifying the Environmental Impact Report (EIR) and adopting CEQA findings and the Mitigation Monitoring Program.
2.   Adopt a Resolution amending the West Berkeley Plan and, by reference, the General Plan.
3.   Adopt first reading of an Ordinance amending BMC Chapters 23E.28 (Parking), 23E.72 (Manufacturing District), 23E.76 (Mixed-Manufacturing), 23E.80 (Mixed Use-Light Industrial), 23E.84 (Mixed Use-Residential) and 23F.04 (Definitions)
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
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

 
Information Reports
 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

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 17, 2011.

Deanna Despain, City Clerk


Communications (PDF) 

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.

Item 12: West Berkeley Project: Amendments to the West Berkeley Plan and Zoning Requirements
1.    Patrick Sheahan

South and West Berkeley Branch Libraries
2.    Carole Kennerly

Computational Research and Theory Facility Project
3.    Lauren Martinez, on behalf of the U.S. Department of Energy, Berkeley Site Office

Downtown Berkeley Street and Open Space Plan
4.    John Caner, on behalf of the Downtown Berkeley Association

Acheson Commons
5.    Dustin Smith, on behalf of Equity Residential

Noise Pollution
6.    Randy Fish
7.    Susan Cayanne

Black History Programs at the Berkeley Senior Centers
8.    Shirley Jackson

Clean Air Act
9.    Ashley Lautzenhiser

Certified Massage Therapists in Salons
10. Christina Jurrissen

Safety on Telegraph Avenue
11. Allen Carrico

Secondhand Smoke
12. Carol Denney

Unsolicited Mailings
13. Christopher Hundt

Residential Permit Process
14. Dmitri Belser