Regular Meeting eAgenda
October 25, 2011

Printer-friendly PDF* 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.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~
AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
TUESDAY, OCTOBER 25, 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: Approve the minutes for the Council meetings of September 6, 2011 (special closed), September 20, 2011(special and regular), September 26, 2011 (special closed) and September 27, 2011 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 65,147-N.S.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a Waste Tire Enforcement ("TEA") 5-year grant application to CalRecycle for funds to support a program to ensure waste tires are being managed properly within the City of Berkeley; authorizing the City Manager to accept the grant and execute any resultant revenue agreements and amendments; and authorizing the implementation of projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: Christine Daniel, Health Services, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the three year revenue contract with the California Department of Health Care Services (DHCS) for Medi-Cal Administrative Activities (MAA), to extend the term for an additional two years from July 1, 2011 through June 30, 2013, to authorize the City to receive revenue up to $1,600,000 (the actual projected revenue based on historical billing is $600,000) for a total five year contract amount not to exceed $6,400,000 and to authorize the execution of a successor contract for an additional five year term through June 30, 2018.
Financial Implications: See report
Contact: Christine Daniel, Health Services, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding with the City of Oakland, Department of Human Services, in an amount not to exceed $76,000 for operation of the Winter Shelter Program at the Oakland Army Base.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8459 with City Mechanical, Inc. for heating, ventilation and air conditioning services, increasing the contract not to exceed amount by $43,500 for a new not-to-exceed amount of $100,000.
Financial Implications: Building Maintenance Fund - $43,500
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for 10 automated drop-frame side-loader refuse trucks with Western Truck Center for an amount not to exceed $3,633,000.
Financial Implications: Equipment Replacement & Refuse Fund - $3,633,000
Contact: Andrew Clough, Public Works, 981-6300
 
From: Peace and Justice Commission
Recommendation: Send a letter to President Barack Obama urging him to release Leonard Peltier from solitary confinement and to grant executive clemency for Leonard Peltier. Sending a copy to Warden Bledsoe at the United States Penitentiary in Lewisburg. (Both letters should also have the September 29, 2010 letter from the City of Berkeley to President Obama attached).
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
 
From: Peace and Justice Commission
Recommendation: Adopt a Resolution deploring and opposing the use of racial or ethnic stereotypes in the names or titles of businesses, professional, sport or their public entitles when the affected group has not chosen the name itself; and that the City of Berkeley joins the call to eliminate the stereotypical use of American Indian names and images as mascots in sports and other events and to provide meaningful education about real American Indian people, current American Indian issues, and the rich variety of American Indian cultures in the U.S.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
 
Council Consent Items
 
From: Councilmembers Arreguin and Wozniak
Recommendation: Refer to the City Manager for consideration the concept of providing towing and street sweeping information to help prevent costly accidental violations.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Worthington
Recommendation: Send a letter to UC Berkeley Chancellor Robert J. Birgeneau thanking him for ending the University's Parking Replacement Fee policy.
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 – New Business
 
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 65,045-N.S., which affirmed the decision of the Zoning Adjustments Board (ZAB) to (1) approve Use Permit No. 08-10000130 to construct a mixed-use development with two 5-story mixed-use buildings (2598-2600 Shattuck Avenue) and one 3-story residential building (2037 Parker Street), with a total of 155 dwelling units, 22,905 square feet of ground floor commercial space, and at least 170 parking spaces, and (2) deny the applicant's request for alcoholic beverage service and live entertainment in the project's food service uses.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: Peace and Justice Commission
Recommendation: Adopt a Resolution joining with the nation in honoring the life of Goyathlay, his extraordinary bravery, and his commitment to the defense of his homeland, his people, and Apache ways of life; consider the auto-biography of Goyathlay an historic document of critical significance which American schools should include in their curriculums; send a letter to President Barack Obama calling on him to issue a formal apology to the Chiricahua Apache people and to the indigenous peoples of these lands of the United States for the misuse of the name Geronimo in the military operation that killed the terrorist Osama bin Laden; and call on President Barack Obama to direct the nation to cease using the title Operation Geronimo and instead use the title Operation bin Laden.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
 
From: Peace and Justice Commission
Recommendation: Adopt a Resolution supporting the closure of the prison at Guantánamo Bay Naval Base in Cuba (Guantánamo) in furtherance of our country's national security interests and supporting justice for cleared detainees including removing Congressional and Homeland Security imposed bans on their movement.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100

 
Information Reports
 
From: City Manager
Contact: Christine Daniel, Health Services, 981-7000
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
From: Open Government Commission
Contact: Kristy van Herick, Commission Secretary, 981-6950
 
From: Councilmember Capitelli (PDF)
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Worthington
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

 

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

 

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.
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 October 13, 2011.

Deanna Despain, City Clerk


 
 
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.
 
City Employee Costs
1.    Berkeley Budget SOS
2.    Barbara Gilbert
 
Concerns about Proposed Lawrence Berkeley National Laboratory Biolab
3.    Jeremy Gruber
 
People’s Park
4.    Roland Peterson, on behalf of the Telegraph Business Improvement District
 
Modified Zoning Approval
5.    Alan Revere
 
Haste/Telegraph Vacant Lot
6.    Joey Freeman, on behalf of the UC Berkeley Student Government (ASUC)
 
Volunteers in the Community
7.    Gertrude Armbrust