Regular Meeting Annotated Agenda
October 25, 2011

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ANNOTATED 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

Preliminary Matters

Roll Call: 7:04 p.m.  Absent: Councilmember Wengraf.

Ceremonial Matters: 

  1. Food Day
  2. Friends of the Library
  3. National Coming Out Day
  4. Romare Bearden
  5. Barbara Oliver

City Manager Comments: 

  1. National Take Back Initiative – October 29, 2011 from 10:00 a.m. – 2:00 p.m. at the South Berkeley Senior Center.

Public Comment on Non-Agenda Matters: 5 speakers.


Public Comment on Consent Calendar and Information Items Only: 8 speakers.


Consent Calendar

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

1. Minutes for Approval (PDF)
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
Action: Approved minutes as submitted.
 
2. Revised Conflict of Interest Code (PDF)
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
Action:  Adopted Resolution No. 65,484–N.S.; Absent: Wengraf.

3. Grant: CalRecycle for Waste Tire Enforcement (PDF)
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
Action:  Adopted Resolution No. 65,485–N.S.; Absent: Wengraf.

4. Revenue Contract No. 7685 Amendment: California Department of Health Care Services for Medi-Cal Administrative Activities (PDF)
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
Action:  Adopted Resolution No. 65,486–N.S.; Absent: Wengraf.

5. Memorandum of Understanding: Winter Homeless Shelter Programs (PDF)
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
Action:  Adopted Resolution No. 65,487–N.S.; Absent: Wengraf.

6. Contract No. 8459A Amendment: City Mechanical, Inc. for Heating, Ventilation and Air Conditioning Services (PDF)
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
Action:  Adopted Resolution No. 65,488–N.S.; Absent: Wengraf.

7. Purchase Order: Western Truck Center for 10 Automated Drop-Frame Side Loader Refuse Trucks (PDF)
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 Funds - $3,633,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Continued to November 8, 2011.

8. Clemency Request and Release from Solitary Confinement for Leonard Peltier (PDF)
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
Action: Continued to November 8, 2011.

9. Ending Racial or Ethnic Stereotypes in Team Names, Mascots and Other Public Titles (PDF)
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
Action:  Adopted Resolution No. 65,489–N.S.; Absent: Wengraf.
 
10. Preventative Towing and Street Sweeping Ticket Information (PDF)
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
Action: Approved recommendation.
 
11. Thanking Chancellor Birgeneau for Ending the Parking Replacement Fee (PDF)
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: Approved recommendation.

Action Calendar – New Business

12. 2598-2600 Shattuck Avenue, Use Permit No. 08-10000130 (PDF)
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

Action:  Moved to Consent Calendar. Adopted Resolution No. 65,490–N.S. 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. Absent: Wengraf.

13. Honor the Life and Memory of the Chiricahua Apache Leader Geronimo (PDF)
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
Action: 3 speakers.  Continued to November 15, 2011.
 
14. Closure of Guantánamo and Justice for Cleared Detainees (PDF)
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

Action: Moved to Consent Calendar.  Adopt Resolution No. 65,491–N.S. supporting the closure of the prison at Guantánamo Bay Naval Base in Cuba revised to read as follows:

“…NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the Berkeley City Council:1) Supports and reaffirms President Obama’s call for the closure of Guantánamo in furtherance of our country’s national security interests; and 2) Reaffirms Council’s moral and humanitarian concerns expressed in earlier resolutions; asserts Council’s unwillingness to turn its back on cleared detainees still being held at Guantánamo; and urges that Congress remove bans on the movement of cleared Guantánamo detainees to the U.S.; and 3) Makes known that upon the lifting of Congressional bans and approval by the Department of Homeland Security, one or more cleared detainees would be welcome into the Berkeley community which has offered private support such as the American Friends Service Committee and the East Bay Sanctuary Covenant….”

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


Information Reports

15. FY 2012 Fee Exemptions: Environmental Health Division (PDF)
From: City Manager
Contact: Christine Daniel, Health Services, 981-7000
Action:  Moved to Action Calendar.  Discussion held and report was received and filed.
 
16. Audit Response: Workers’ Compensation Costs Can Be Reduced by Improved In-House Processing and Adherence to Contract Terms (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

17. Commission Recommendations Based on Review of Complaint Filed Under Open Government Ordinance (PDF)
From: Open Government Commission
Contact: Kristy van Herick, Commission Secretary, 981-6950
Action:  Moved to Action Calendar.  Discussion held and report was received and filed.

18. Report on the September 22, 2011 Meeting of the Alameda County Transportation Commission (PDF)
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Received and filed.

19. Report on Regional Bodies Participation (PDF)
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Received and filed.


Public Comment – Including Items Not Listed on the Agenda – 1 speaker.


Adjournment

Adjourned at 8:42 p.m.


Communications

City Employee Costs
1.    Berkeley Budget SOS – Referred to the City Manager by Councilmember Wozniak.
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 – Referred to the City Manager by Councilmember Wozniak.

Modified Zoning Approval
5.    Alan Revere – Referred to the City Manager by Councilmember Worthington.

Haste/Telegraph Vacant Lot
6.    Joey Freeman, on behalf of the UC Berkeley Student Government (ASUC)

Volunteers in the Community
7.    Gertrude Armbrust

Supplemental Communications and Reports 1

Item 7: Purchase Order: Western Truck Center for 10 Automated Drop-Frame Side Loader Refuse Trucks
8.    Gordon Wozniak, District 8

Item 8: Clemency Request and Release from Solitary Confinement for Leonard Peltier
9.    Thom Howard
10. Gordon Wozniak, District 8

Item 10: Preventative Towing and Street Sweeping Ticket Information
11. Gordon Wozniak, District 8

Item 13: Honor the Life and Memory of the Chiricahua Apache Leader Geronimo
12. Gordon Wozniak, District 8

Item 14: Closure of Guantánamo and Justice for Cleared Detainees
13. Rita Maran
14. Gordon Wozniak, District 8


Supplemental Communications and Reports 2

Item 12: 2598-2600 Shattuck Avenue, Use Permit No. 08-10000130
15. Gale Garcia

Food Day
16. Unknown