Regular Meeting eAgenda
September 27, 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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 REVISED AGENDA
 
(ADDED CONTINUED ITEMS FROM SEPTEMBER 20, 2011)
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, September 27, 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, CMC, 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.

Consent Calendar - Continued Business

A.   Amendments to the Trees and Shrubs Ordinance, Berkeley Municipal Code Chapter 12.44 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,206–N.S. amending Berkeley Municipal Code Chapter 12.44 Trees and Shrubs Ordinance.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Zach Cowan, City Attorney, 981-6950

B.   Voluntary Redevelopment Opt-In Program (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,207–N.S. to elect and implement participation by the City of Berkeley and the Redevelopment Agency of the City of Berkeley in the Alternative Voluntary Redevelopment Opt-In Program.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Wendy Cosin, Planning and Development, 981-7400

Consent Calendar
 
From: City Manager
Recommendation: Adopt a Resolution revising the recording of the Council Annotated Agendas and Minutes to include all final actions.
Financial Implications: Minimal staff time
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution establishing the Council regular meeting schedule for 2012, with starting times of 7:00 p.m.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
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 - $3,271,178
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution establishing the maximum income level for 1-2 person households in order to qualify for the Very Low Income (VLI) exemption from specified local taxes and fees, Animal Licensing fee waiver, and Community Service eligibility at $36,950 effective July 1, 2011, and rescinding Resolution No. 64,553-N.S.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the execution of the Agency Transfer Payment Agreement with the Redevelopment Agency of the City of Berkeley.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a 3-year contract with IPS Group, Inc. to provide parking meter parts and meter management software effective October 1, 2011 through June 30, 2014 for an amount not to exceed $1,614,805; with an option to extend the contract for an additional 1-year period through June 30, 2015 for an amount not to exceed $230,000 and a total contract amount not to exceed $1,844,805 for the period October 1, 2011 through June 30, 2015.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300

 
Council Consent Items
 
From: Mayor Bates
Recommendation: Adopt a Resolution approving the re-appointment of Katherine Gale to the Berkeley Housing Authority (BHA) Board of Commissioners.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Mayor Bates and Councilmember Anderson
Recommendation: Refer to the Planning Commission a Zoning Ordinance amendment to allow automobile dealers to become a legal conforming use on South Shattuck Ave, including the ability to lease or purchase additional property if necessary. 
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmembers Maio, Wengraf and Capitelli
Recommendation:
1.   Approve the attached proclamation honoring both the 100th anniversary of California women obtaining the right to vote, and the 100th anniversary of the founding of the League of Women Voters of Berkeley, Albany, Emeryville (LWVBAE);
2.   The Mayor of Berkeley present the proclamation to representatives from the LWVBAE at the Council’s regular meeting of October 11, 2011;
3.   Adopt a Resolution cosponsoring the October 2011 “Berkeley Women Vote” events as listed on the attached flyer.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $324 per Councilmember, including $324 from Councilmember Arreguín, to Options Recovery Services for its Ride for Recovery fundraiser with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Jesse Arreguín and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Fund - $324
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Arreguin and Worthington
Recommendation: Adopt a proclamation in honor of the East Bay Media Center’s Berkeley Video and Film Festival on the occasion of its 20th anniversary and honoring the East Bay Media Center for its years of work in organizing the festival and for its many contributions to the Berkeley community.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Arreguin and Worthington
Recommendation: Sign on to the United Farm Workers petition to end the federal Secure Communities Program. Petition language reads as follows:
“Your decision to force all localities to enroll in Secure Communities (S-Comm) is anti-democratic, and will further devastate our communities by placing innocent immigrants in deportation and breaking trust between police and immigrants. We demand that you terminate the S-Comm program immediately!”
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Capitelli and Wengraf
Recommendation:  Adopt a Resolution approving the expenditure of an amount not to exceed $200 per Councilmember including $200 each from Councilmembers Capitelli and Wengraf to the Friends of the Fountain and Walk with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Capitelli and Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Fund - $200
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmembers Worthington and Anderson
Recommendation:
1.   Support the Decline to Sign hotline (1-877-440-9585) to prevent the deceptively-named ‘Stop Special Interests Act’ ballot petition being circulated under pretenses of ‘fighting special interests’, which in fact takes away the right to make voluntary paycheck deduction contributions to union political action funds, and
2.   Encourage the people of Berkeley to actively oppose this falsely-portrayed ballot petition by calling the toll-free number to report petition gatherers who try to obtain signatures by deceptively talking about ‘special interests’ in politics.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Send a letter to Verizon Wireless President and CEO Lowell McAdam, expressing that the City of Berkeley stands in solidarity with Verizon workers, the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers (IBEW) as they negotiate contracts with Verizon Wireless.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support the BlueGreen Alliance JOBS21! Blueprint for expanding the number and quality of jobs in the clean energy economy.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support a proclamation for National Coming Out Day on October 11, 2011.
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 – Public Hearing

 
Staff shall introduce the public hearing item and present their comments.  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.
 
       Presentation (PDF)
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion;
1.   Adopt a Resolution certifying the Environmental Impact Report (EIR) and adopting CEQA findings and the Mitigation Monitoring Program;
2.   Adopt a Resolution adopting amendments to the General Plan text and map to implement the Southside Plan;
3.   Adopt a Resolution adopting the Southside Plan; 
4.   Adopt first reading of an Ordinance amending the Zoning Ordinance (BMC Chapter 23) by creating a new Chapter, 23D.48 (R-S);  
5.   Adopt first reading of an Ordinance amending the Zoning Ordinance (BMC Chapter 23) by creating a new Chapter, 23D.52 (R-SMU); 
6.   Adopt first reading of an Ordinance amending the Berkeley Municipal Code, and Zoning Ordinance (BMC Chapter 23) by amending the existing requirements for the Telegraph Commercial District (C-T, 23E.56) and Multiple Family Residential (R-3, 23D.36), and by making technical changes to BMC 14.72.080, 23A.04.030, 23A.16.020, Sub-Title 23D, 23D.12.020, 23D.12.090, 23D.40.030, 23D.40.050, 23E.08.020, 23E.28.130, 23E.32.020, 23E.96.070, and 23F.04.010; and
7.   Adopt first reading of an Ordinance amending the Zoning Map by rezoning subareas R-4 and C-1 within the Southside Area to either R-3, R-S, R-SMU, or C-SA.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
 

Action Calendar – Continued Business

C.   City Employees/Interns at City Council Public Comment (Continued from September 20, 2011) (PDF)
From: Councilmember Capitelli
Recommendation: Incorporate into the “Guidelines for Public Comment and Council Meeting Order” a recommendation that employees and interns of the City of Berkeley are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops. Include the request in “Preliminary Matters” preceding the City Council agendas.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

D.   Opting Out of Phone Book Delivery (Continued from September 20, 2011) (PDF)
From: Councilmembers Capitelli and Wozniak
Recommendation: Request that the City Manager refer to Alameda County StopWaste.org the Seattle phone book opt-out ordinance to consider development of a model ordinance for jurisdictions within the county.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

E.   Supporting New Priorities Campaign to Reduce Military Spending (Continued from September 20, 2011) (PDF)
From: Councilmembers Worthington, Anderson, Arreguin and Maio
Recommendation: Adopt a Resolution supporting the New Priorities Campaign in their effort to end the wars in Iraq and Afghanistan and cut the military budget by increasing pressure from local and state governments on Congress.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

F.   City Manager Referral: Consideration of Implementation of New DUI Policies (Continued from September 20, 2011) (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager consideration of the establishment of a DUI ordinance similar to one in Oakley, California where those convicted of a DUI must pay for all city expenses due to their DUI crime.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

G.   City Manager Referral: Ordinance to Allow Civil Cause of Action to Limit Harassment (Continued from September 20, 2011) (PDF)
From: Councilmember Worthington
Recommendation: Refer to City Manager consideration of establishing an ordinance like LA's to limit harassment.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 
Action Calendar – New Business
 
From: City Manager
Recommendation: 
1.   Rescind and reenact a first reading of the Relocation Ordinance (Chapter 13.84 of the Berkeley Municipal Code), and
2.   Adopt a Resolution authorizing dollar amounts for the following relocation payments referenced in Section 13.84.070 of the revised ordinance: 1) per diem payments of $120 for a single person household, $135 for a two-person household and $166 per day for a household of three or more persons; 2) dislocation allowance of $400; 3) fixed payment for moving costs of $300; 4) fixed payment for storage costs of $200; and 5) reimbursement for pet boarding costs up to a maximum of $50 per day for dogs and $20 per day for cats.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

 
Information Reports
 
From: City Manager
Contact: Deanna Despain, City Clerk, 981-6900
 
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 September 15, 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.
 
None