Regular Meeting eAgenda
October 11, 2011

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Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, October 11, 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.
 
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, 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.
 
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: 
1.   Adopt second reading of Ordinance No. 7,208–N.S. amending the Zoning Ordinance (BMC Chapter 23) by creating a new Chapter, 23D.48 (R-S);  
2.   Adopt second reading of Ordinance No. 7,209–N.S. amending the Zoning Ordinance (BMC Chapter 23) by creating a new Chapter, 23D.52 (R-SMU); 
3.   Adopt second reading of Ordinance No. 7,210–N.S. 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
4.   Adopt second reading of Ordinance No. 7,211–N.S. 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
First Reading Vote: All Ayes
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with Maddie's Fund, Pet Rescue Foundation to accept $17,000 to support Berkeley Animal Care Services in its programs and services to homeless animals.
Financial Implications: Animal Shelter Fund - $17,000 (grant)
Contact: Phil Kamlarz, City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Dorothy Day House for the period of July 1, 2011 through June 30, 2012 in an amount not to exceed $57,215.
Financial Implications: None
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7194 with Telesis Engineers for plan checking services, increasing the contract amount by $200,000 for a new contract amount not to exceed $750,000.
Financial Implications: Fees paid by applicant.
Contact: Wendy Cosin, Planning and Development, 981-7400
 
5.   Solar Permitting Grant and Revenue Contract with SolarTech (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the City Manager’s submittal of a letter of commitment for a solar permitting grant contract during recess and authorizing the City Manager to execute a revenue contract with SolarTech in the amount of approximately $25,000 for the approximate period from January 1, 2012 to December 31, 2012.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
 
Council Consent Items
 
From: Mayor Bates
Recommendation: Approve the proclamation recognizing and honoring "Food Day" and request the proclamation be presented to the Berkeley Food Policy Council on the Council meeting of October 25, 2011.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Mayor Bates
Recommendation: Adopt a Resolution supporting the Seattle Farm Bill Principles Supporting Healthy Farms, Food and People - Guidance for the 2012 Farm Bill and send letters communicating the City's support to our state and federal representatives.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmembers Maio, Anderson and Wengraf
Recommendation: Adopt and send a Resolution to the Environmental Protection Agency (EPA), and President Obama, urging stronger efforts to reduce CO2 by increasing enforcement of the Clean Air Act.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmembers Capitelli, Wengraf and Wozniak
Recommendation: To encourage the installation of automatic gas shut-off valves, we request that the City Manager evaluate the idea of a reduced fee for permits.  Refer this policy to the Disaster and Fire Safety Commission for comment and feedback before returning to the City Council with a proposal.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Wengraf
Recommendation: Adopt two Resolutions opposing Initiative Measures Nos. 1496 and 1497; two proposed California Constitutional amendment initiatives that have been cleared by the Secretary of State for signature gathering.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager to schedule a City Council work session for an update on the City of Berkeley Pedestrian Master Plan.
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 – Old Business
 
From: City Manager
Recommendation: Approve language and authorize the City Manager to send a comment letter on behalf of the Berkley City Council to the City of Oakland regarding the proposed Safeway project at 6310 College Avenue including requests for appropriate mitigation measures within Berkeley to be funded by the project applicant.
Financial Implications: See report
Contact: Farid Javandel, Public Works, 981-6300
 
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

Action Calendar – New Business
 
14.   Employment and Preferential Hire Sections of the Bayer Development Agreement
Recommendation: Direct the City Manager to:
1.   Effectively monitor compliance with resident hiring goals set forth in the Development Agreement (Exhibit G-2) between Bayer and the City of Berkeley; 
2.   Analyze feasibility of reinstituting direct job referral processes; and 
3.   Work with Bayer to update the Employment and Hiring Sections of the Development Agreement to reflect current goals and processes as necessary.
Financial Implications: See report
Contact: Delfina Geiken, Commission Secretary, 981-5400
 
Recommendation: Integrate monitoring and referral processes related to the Bayer Development Agreement by:
1.   Using city-funded workforce development agencies to make appropriate applicant referrals to Bayer and collect referral and placement information from the agencies via existing reporting process; and 
2.   Directing staff to work closely with Bayer to ensure Bayer is able to accurately report on number of Berkeley residents applying and being hired for available jobs, including residents referred by City-funded workforce development agencies.
Financial Implications: No Additional Costs
Contact: Jane Micallef, Housing, 981-5400
 
Action Calendar – Council Items
 
From: Councilmember Worthington
Recommendation: Recognize and praise Chief of Police Michael Meehan and the Berkeley Police Department (BPD) for their success in continuously reducing crime in Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting the Main Street Contract Campaign in their effort to impose a Financial Transaction Tax on Wall Street to repair Main Street and begin restoring economic fairness to our nation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
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 29, 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.

US War Documentation
1.  Carl Herman

Homeless Concerns
2.  Elaine Tanaka

Andronico’s
3.  Craig Alderson

City Finances
4.  Barbara Gilbert
5.  Sasha Futran

Handicapped Access @ Ashby Place Intersection
6.  Marcie Gutierrez
7.  Jianne Gimian

Nurse Strike Lockout
8.  Sara Crystal

SF Cell Phone Ordinance
9.  Ellen Marks

Construction @ 2517 Virginia Street
10. Joan Torykian