Regular Meeting eAgenda
November 8, 2011

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Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, November 8, 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.

 
1.**Removed from the Agenda per City Manager**Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an Agreement and any amendments, and accept related emergency medical equipment from Alameda County (ALCO) Emergency Medical Services (EMS) for Ambulance Transport services for the period of February 1, 2012 through October 31, 2016.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an Agreement and any amendments, and accept related funding and equipment from Alameda County (ALCO) Emergency Medical Services (EMS) for First Responder Advanced Life Support (FRALS) services for the period of February 1, 2012 through October 31, 2016 in the amount up to $1,337,590.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept continuation grant funds from the California Department of Public Health in the total amount of $245,936 for one year, August 10, 2011 through August 9, 2012 to conduct public health preparedness activities and provide related services; to execute the resultant revenue agreements, contracts and any amendments and extensions; and authorizing the implementation of grant activities and appropriation of funding for related expenses.
Financial Implications: See report
Contact: Jane Micallef, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to extend existing community agency contracts with the Center for Independent Living (Contract No. 8701), Community Energy Services Corporation (Contract No. 8702), and Rebuilding Together - East Bay North (Contract No. 8717) from June 30, 2012 to June 30, 2013, and to add an additional year of funding to those contracts at the FY 2012 level, subject to the availability of Community Development Block Grant funds.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 4073C, approving a 0.0% increase in the Delta Dental Plan and renewing the contract for an additional year at a cost of $2,500,000 for all coverage groups effective January 1, 2012, through December 31, 2012.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt two Resolutions: 
1.   Approving premium rate changes for the Kaiser Foundation Health Maintenance Organization (HMO) health plans as follows:    0.5% increase for Active Employees;    12.5% increase for Pre-Medicare Eligible Retirees; (-0.1)% decrease for Senior Advantage (Medicare Supplement) Retirees; and
2.   Approving premium rate increases for the Health Net health plans as follows:    2.96% for HMO plan and Point of Service (POS) plan Active Employees;    2.71% for Pre-Medicare HMO plan and POS plan Eligible Retirees;   9.62% for Seniority Plus (Medicare Supplement) Retirees; 8.95% for Health Net POS Post-65 Retirees. The health plan premium rates will be effective for the period of January 1, 2012 through December 31, 2012.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Theresa Darrenougue for Real-time closed captioning and stenography services at all regular and special meetings of the Zoning Adjustment Board, increasing the contract amount by $45,000 for a total not to exceed $75,000 and extending the contract term from December 30, 2012 to June 30, 2014.
Financial Implications: Permit Service Center - $45,000
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alameda County Medical Center to provide sexual assault forensic exams in an amount not exceed $60,000 annually, for a total of $180,000 for the period of October 1, 2011 to September 30, 2014 with the option to extend for two additional 12 month periods at $60,000 annually, for a total of $300,000 for five years subject to the City's annual budget appropriation process.
Financial Implications: General Fund - $60,000 annually
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Recommendation: Adopt two Resolutions:
1.   Authorizing the City Manager to execute a new contract and any amendments with Waste Management of Alameda County (WM) for landfill disposal services, for a not-to-exceed amount of $32,740,168 for the period January 1, 2012 through December 31, 2026, and terminating the Waste Management Amended Contract No. 7665A.
2.   Authorizing the City Manager to execute a new contract and any amendments with Waste Management of Alameda County (WM) for construction and demolition (C&D) debris sorting services for a not-to-exceed amount of $3,571,770 for the period January 1, 2012 through December 31, 2014, with the option for two 1-year extensions.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: Commission on Early Childhood Education
Recommendation: Approve two additional meetings for the Commission on Early Childhood Education for calendar year 2011.
Financial Implications: $200
Contact: Tanya Moore, Commission Secretary, 981-6700
 
From: Commission on the Status of Women
Recommendation: Approve an additional meeting in calendar year 2011 for the Commission on the Status of Women.
Financial Implications: Various Funds - $220
Contact: Nicole Kelly, Commission Secretary, 981-5100
 
Council Consent Items
 
From: Mayor Bates
Recommendation: 
1.   Approve the attached proclamation recognizing and honoring City Manager Phil Kamlarz 
2.   Mayor Tom Bates presents the proclamation to City Manager Kamlarz on November 15, 2011.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmember Maio
Recommendation: Refer to the City Manager a request to establish a mechanism to avoid reassessment of property value (thus escalating property taxes) upon conversion to a limited equity form of ownership for low-income persons.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Maio
Recommendation: Request that staff and the Transportation Commission review the North/South bicycle pedestrian crossing of Cedar/Rose Park at the Ohlone Greenway to improve safe crossing.
Financial Implications: TBD
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Arreguin
Recommendation: Adopt a Proclamation celebrating Matilda Pascoe's one hundredth birthday.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Worthington
Recommendation: Formally adopt the Commission on the Status of Women's recommendation to present the 2011 Outstanding Women of Berkeley Awards to Vicky Alexander, Nancy Schimmel, Hope McDonnell, Suzoni Camp, Jennifer Burke, and Ginger Ogle.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting the Rebuilding the Dream movement.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Send a letter to the UC Academic Senate endorsing the UC Faculty Association’s petition in support of the Occupy Wall Street movement and commending the hundreds of faculty members who have signed in affirmation
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager: the creation of a backup system to support access to online City services and documents. This will include a particular focus on maintaining access to City Blackberries during emergencies.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution granting City co-sponsorship of the 28th Annual Telegraph Avenue Holiday Street Fair.
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 Hearings
 
Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  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.
 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution either affirming or overturning the decision of the Zoning Adjustments Board (ZAB) to deny MODUP No. 10-70000010 and Variance No. 10-10000071, which would modify Use Permit No. 07-10000045 by reducing the amount of approved off-streetparking from four spaces to two, where four spaces are required.  The ZAB has previously considered findings that could support either project approval or denial; similar findings are attached for Council consideration.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt a Resolution approving agreements, understandings or policies existing or revised as of July 27, 2011 between the Berkeley Police Department and other local, state and federal law enforcement agencies, military and/or intelligence agencies, police departments and private security organizations in order to maintain the current level of police resources and emergency services.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900

Action Calendar – Old Business
 
24.  Rescinding and Reenacting Relocation Ordinance, Chapter 13.84 of Berkeley Municipal Code (Continued from October 11, 2011) (PDF)
Revised materials 
From: City Manager
Recommendation: 
1.   Adopt first reading of an Ordinance rescinding and reenacting the Relocation Ordinance (Chapter 13.84 of the Berkeley Municipal Code).
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
 
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
 
From: Peace and Justice Commission 
Recommendation: Send a letter to President Barack Obama urging him to release Leonard Peltier from 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 Calendar – New Business
 
From: Community Health Commission
Recommendation: Adopt a Resolution authorizing that the City of Berkeley Division of Public Health post on its website links to the World Health Organization (WHO) and other reputable sources on information regarding cell phone radiation at the discretion of the Health Officer.
Financial Implications: None
Contact: Tasha Tervalon, Commission Secretary, 981-510
 
28.  Clean City Program Regulatory Fee
Recommendation: Adopt a Resolution directing the City Manager to have staff study a proposed Clean City Program regulatory fee to meet environmental goals; and that the City advance its study of the possibility of increasing the commercial franchise fee, with a cost-benefit analysis of commercial business alternatives, in order to meet current needs and expand support for necessary Zero Waste programs and activities.
Financial Implications: See report
Contact: Andy Schneider, Commission Secretary, 981-6300
 
Recommendation: Direct staff to consider the Zero Waste Commission's recommended Resolution when developing the Solid Waste Management strategic plan and sustainable rate structure.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
Council Action Calendar
 
From: Councilmembers Arreguin and Worthington
Recommendation: Request a report back to the Council in no less than 60 days on the proposal suggested to vacate Old City Hall and relocate the City Council Chambers to a new location. The report should analyze feasible alternate locations for a Council Chambers, issues of accessibility for the disabled, proximity to transit, adequate seating for large crowds, and  connectivity to technology including television broadcasting.  The report should also discuss the City’s plans for the future use of Old City Hall, including alternatives to securing and closing Old City Hall.  The Council also requests that when the report is developed that it be calendared as an Action Item for discussion on a City Council agenda.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Immediately initiate a public process to inform residents and businesses that we are seriously considering adopting a plastic bag ban and paper bag fee ordinance through the county-wide stopwaste.org.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
Information Reports
 
From: City Manager
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 
From: Civic Arts Commission
Contact: Mary Ann Merker, Commission Secretary, 981-7533
 
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.
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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 October 27, 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.
 
2992 College Avenue
1.  John McArthur
 
Business License Late Fees
2.  Tim & Marley Lyman
 
Peralta Community College District Redistricting Process
3.  Mary Kay Clunies-Ross
 
Housing Concerns
4.  Richard Berkeley
 
Clean Air Act
5.  Rose Braz
 
AT&T Advertising Solutions
6.  Mike Barry
 
Encampment in MLK Civic Center
7.  Rosemary Hardy
 
Council Concerns
8.  Glenn Bussey
 
Roosters
9.  Michael Minasian
 
Berkeley’s Push for West Berkeley as New LBNL Site
10. Zelda Bronstein
 
Critical Mass Hit & Run
11. Sady Hayashida