Regular Meeting Annotated Agenda
October 11, 2011

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ANNOTATED 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

Preliminary Matters

Roll Call: 7:32 p.m.  All present.

Ceremonial Matters: 

  1. Marin Avenue Fountain 100th Anniversary
  2. Women’s Right to Vote – 100th Anniversary
  3. 20th Anniversary of the Hills Fire

City Manager Comments: 

  1. Hills Emergency Forum Meeting – October 20th

Public Comment on Non-Agenda Matters: 4 speakers.


Public Comment on Consent Calendar and Information Items Only: 12 speakers.

Consent Calendar

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

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
Action: Adopted second reading of Ordinances 7,208-N.S., 7,209-N.S., 7,210-N.S. and 7,211-N.S.

2. Grant: Maddie's Fund, Pet Rescue Foundation to the Animal Care Shelter (PDF)
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
Action:  Adopted Resolution No. 65,475–N.S.
 
3. Community Agency Contract: Dorothy Day House (PDF)
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
Action:  Adopted Resolution No. 65,476–N.S.

4. Contract No. 7194 Amendment: Telesis Engineers for Plan Checking Services (PDF)
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
Action:  Adopted Resolution No. 65,477–N.S.

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
Action:  Adopted Resolution No. 65,478–N.S.

Council Consent Items

6. Support a Proclamation in Honor of 'Food Day' in the City of Berkeley (PDF)
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
Action: Approved proclamation
 
7. Supporting the Seattle Farm Bill Principles - Guidance for the 2012 Farm Bill (PDF)
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
Action:  Adopted Resolution No. 65,479–N.S.

8. Strengthening Enforcement of the Clean Air Act to Reduce CO2 to Life-Sustaining Levels (PDF)
Revised Agenda Material (PDF)
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
Action:  M/S/C (Worthington/Arreguin) to accept supplemental material for consideration. Adopted by unanimous consent.  Adopted Resolution No. 65,480–N.S. revised to include the following:

  • “WHEREAS…intense rainfall and snowmelt caused…”
  • “NOW THEREFORE BE IT RESOLVED…providing the leadership and example, particularly for developing nations, that is necessary for a serious global effort.”

9. Reduced Permit Fees for Seismic Gas Shut-Off Valves (PDF)
From: Councilmembers Capitelli, Wengraf, Wozniak and Anderson
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
Action: Approved recommendation

10. Opposition to Initiative Measures 1496 and 1497 Prohibiting Abortions for Females Under the Age of 18 Without Parental Notification (PDF)
From: Councilmembers Wengraf ,Maio and Anderson
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
Action:  Adopted Resolution No. 65,481–N.S. and Resolution No. 65,482–N.S.

11. Referral to City Manager: Workshop on Pedestrian Master Plan (PDF)
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: Approved recommendation.

Action Calendar – Old Business

12. Safeway Project at 6310 College Avenue Comments to City of Oakland (Continued from September 20, 2011) (PDF)
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
Action: 7 Speakers. M/S/C (Maio/Capitelli) to
  1. 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.
  2. Approve language and authorize the City Manager to send a letter to Safeway inviting them to meet with the City of Berkeley to discuss potential mitigations for the project at 6310 College Avenue.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Absent: Worthington. 

Councilmember Worthington exited meeting at 8:50 p.m.

Recess: 9:18 p.m. – 9:25 p.m.

13. Rescinding and Reenacting Relocation Ordinance, Chapter 13.84 of Berkeley Municipal Code (Continued from September 27, 2011) (PDF)
Revised Agenda Material (PDF)
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: Continued to November 8, 2011.

Action Calendar – New Business

14.  Employment and Preferential Hire Sections of the Bayer Development Agreement

a. From: Commission on Labor (PDF)
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
 
b. From: City Manager (PDF)
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: Moved to Consent Calendar.  Approved the City Manager’s recommendation to: 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.

 Action Calendar – Council Items

15. Recognizing the Outstanding Efforts of the Berkeley Police Department for Continuously Reducing Crime in Berkeley (PDF)
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

Action: Moved to Consent Calendar. Approve Councilmember Worthington’s recommendation to recognize and praise Chief of Police Michael Meehan and the Berkeley Police Department (BPD) for their success in continuously reducing crime in Berkeley. City Manager to consult with no more than four members of Council and Berkeley Police Association to recognize the outstanding efforts of the Berkeley Police Department.

16. Support Main Street Contract Campaign to Tax Wall Street (PDF)
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
Action: Moved to Consent Calendar.  Adopted Resolution No. 65,483–N.S. 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 revised to reflect the following:
  • NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Mayor and City Council of the City of Berkeley, by the adoption of this resolution, endorse the Main Street Contract for the American People, which calls for jobs at living wages, guaranteed healthcare, a secure retirement, equal access to quality education, a safe and clean environment, good housing and protection from hunger, human rights for all and an end to discrimination, and a just taxation system where corporations and the wealthy pay their fair share, including a Wall Street Financial Transaction Tax.
  • BE IT FURTHER RESOLVED that the Mayor and City Council of the City of Berkeley oppose any takeaways and regressive taxes on poor and middle income families and call for an end to blaming public workers for the economic recession and budget deficits caused by Wall Street greed, corporate tax loopholes, and bailouts.

Public Comment – Including Items Not Listed on the Agenda – 2 speakers.


Adjournment

Adjourned at 9:34 p.m.

Communications

US War Documentation
1.    Carl Herman

Homeless Concerns
2.    Elaine Tanaka

Andronico’s
3.    Craig Alderson – Referred to City Manager by Councilmembers Arreguin and Worthington.

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 – Referred to City Manager by Councilmember Anderson.

Construction @ 2517 Virginia Street
10. Joan Torykian - Referred to City Manager by Councilmember Worthington.

Supplemental Communications and Reports 1

Item 12: Safeway Project at 6310 College Avenue Comments to City of Oakland
11. Avram Gur Arye

Item 13: Rescinding and Reenacting Relocation Ordinance, Chapter 13.84 of Berkeley Municipal Code

12. Eduard Meleshinsky
13. Igor Tregub

Supplemental Communications and Reports 2

Item 8: Strengthening Enforcement of the Clean Air Act to Reduce CO2 to Life-Sustaining Levels

  • Revised materials, submitted by Councilmember Maio (see agenda item)

Item 12: Safeway Project at 6310 College Avenue Comments to City of Oakland
14. Elisabeth Jewel

Item 13: Rescinding and Reenacting Relocation Ordinance, Chapter 13.84 of Berkeley Municipal Code

  • Revised materials, submitted by Housing Department (see agenda item)

100th Anniversary of the League of Women Voters of Berkeley, Albany & Emeryville
15. Nancy Bickel

Emotional Intelligence
16. Rozalina Gutman (2)

The Fountain at the Circle 100th Anniversary Celebration
17. Unknown