Regular Meeting eAgenda
November 15, 2011

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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 

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REVISED AGENDA
 
(ADDED CONTINUED ITEMS FROM NOVEMBER 8, 2011)
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, November 15, 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.

Consent Calendar - Continued Business
 

A.  Rescinding and Reenacting Relocation Ordinance, Chapter 13.84 of Berkeley Municipal Code (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,212-N.S. rescinding and reenacting the Relocation Ordinance (Chapter 13.84 of the Berkeley Municipal Code).
First Reading Vote: Ayes – Anderson, Arreguin, Capitelli, Maio, Moore and Worthington; Noes – Wengraf, Wozniak and Bates
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

Consent Calendar
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 3, 2011 (special closed), October 11, 2011(special and regular), and October 25, 2011 (special, special closed and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
2. **Removed from Agenda by 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 approving the designated line of succession to the position of Director of Emergency Services in the event of an officially declared disaster, and rescinding Resolution No. 64,806–N.S. effective November 24, 2011.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-5500
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or his designee, to submit an application to the State of California Department of Housing and Community Development (HCD) for up to $1,000,000 in funding under the CalHome Owner-Occupied Rehabilitation Program.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution clarifying the role of the voluntary Advisory Councils at the Senior Centers and rescinding Resolution No. 51,152-N.S.
Financial Implications: None
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alameda County Auction "Auto World" to rent vehicles for the Patrol Division and Special Enforcement Unit in the Police Department, in an amount not to exceed $35,000 annually for a total of $105,000 for the period of August 1, 2011 through September 30, 2014 with the option to extend for two additional 12 month periods at $35,000 annually, for a total of $175,000 for five years subject to the City's annual budget appropriation process.
Financial Implications: Asset Forfeiture Fund - $35,000
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8057 with Construction Testing Services for geotechnical and engineering services, increasing the amount by $200,000 for a total amount not to exceed $600,000.
Financial Implications: Various Funds - $200,000
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a 4-year extended warranty contract with Sentry Control Systems, a distributor for Ski Data Inc. Parking Access and Revenue Control System (PARCS) equipment, for an amount not to exceed $200,000 effective one year from the date of the PARCS installation; and rescinding Resolution No. 65,314-N.S.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Auditor
Recommendation: Request the City Manager report back by September 11, 2012, and every six months thereafter, regarding the status of the audit recommendations until reported fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
From: Peace and Justice Commission
Recommendation: Endorse the recommendations of the Global Commission on Drug Policy to End the War on Drugs, including decriminalization and harm reduction initiatives.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
 
From: Public Works Commission
Recommendation: Adopt a Resolution updating the City's 5-Year Street Plan for FY 2012 - FY 2016, with the streets planned for 2016 deferred for one year, and the FY 2016 budget used to seal recently paved streets so as to extend the life of the existing pavement treatment.
Financial Implications: See report
Contact: Jeffrey Egeberg, Commission Secretary, 981-6400
 
Council Consent Items
 
From: Mayor Bates
Recommendation: Support the federal American Jobs Act of 2011 and send a letter expressing such support to Senator Barbara Boxer, Senator Diane Feinstein and Congresswoman Barbara Lee.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmember Moore
Recommendation: Refer to the City Manager to prioritize a traffic study for the West Campus/Old Adult School site and report back to the City Council in 6 months.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution urging the County of Alameda to adopt a policy similar to Santa Clara County, limiting its participation in Secure Communities.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Worthington, Arreguin and Wozniak
Recommendation: Refer to the City Manager to prepare a report on Student Cooperatives Eligibility for Housing Trust Fund and relationship to Affordable Housing Fee.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Endorse the pledge for Stand Up for Tibet.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Endorse University of California Student Association's Save our State, Fund our Future Campaign and send a letter to Governor Brown urging him to support public education.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Send a letter to California state senators Ron Calderon, Lou Corea, Ed Hernandez, Curren Price, Michael Rubio, Juan Vargas, and Rod Wright urging their support of SB810.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support the UC-Wide November Days of Action on November 16th.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Send a letter to President Obama requesting he not approve the Keystone XL Pipeline.
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 – Appeals
 
Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.
 
From: City Manager
Recommendation: Adopt a Resolution to:
1.   Remand the decision of the Zoning Adjustments Board (ZAB) to 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 deny the applicant's request for alcoholic beverage service and live entertainment in the project's food service uses to the ZAB for a public hearing on December 8, 2011 in order to take the following actions only:
Consider the Mitigated Negative Declaration (MND) and, if adopted by the ZAB, then:
a.    Consider the application for an Administrative Use Permit under BMC Section 23C.08.050 to demolish a  four-car garage which was previously an accessory structure for a dwelling demolished in 1959 on 2598 Shattuck Avenue; and
b.    Delete Condition of Approval Numbers 10, 11, 12 and 74 to reflect the fact that the applicant has already entered into a Regulatory Agreement with the City which complies with State Density Bonus law and the City’s Inclusionary Ordinance requirements for the rental and condominium development options; and
2.   Direct that, in accordance with BMC Section 23B.32.070.A, the ZAB’s decision on the issues remanded to it be considered by the Council at a public hearing on January 17, 2012.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

Action Calendar – Public Hearings
 
Staff shall introduce the public hearing item and present their comments.  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: 
1.   Conduct a public hearing pursuant to Berkeley Municipal Code section 23B.64.020, make a factual determination based on current evidence as to whether the units in the building are in fact being used as group living accommodations and act accordingly; and
2.   Refer to the Planning Commission zoning amendments that would give the City discretionary authority over proposals to increase the number of bedrooms in residential buildings in R districts.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
a. Communications
1.    Peter Dramer
2.    Alexa Punnamkuzhyil
3.    Jenna Lewis
4.    Dan and Andree Julian
5.    Linda Burden
6.    Erika Donald and Linda Locke
7.    Gianna Ranuzzi
 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, evaluate plans submitted by the public, and provide direction to staff on the elements of a preferred plan to be considered and finalized at the second public hearing on January 17, 2012.
Financial Implications: None
Contact: Christine Daniel, Deputy City Manager, 981-7000

Action Calendar – Continued Business
 

B.  Contracts: Waste Management of Alameda County for Landfill Disposal Services, and for Construction and Demolition Debris Sorting Services (Continued from November 8, 2011) (PDF)
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

C.  Clean City Program Regulatory Fee (Continued from November 8, 2011)
a. From: Zero Waste Commission (PDF)
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

b. From: City Manager (PDF)
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

 
Action Calendar – Old Business
 
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 Calendar – New Business
 
From: Peace and Justice Commission
Recommendation: Adopt a Resolution urging President Obama to comply with existing laws and grant access to Army P.F.C. Bradley Manning for official visits.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
 
From: Peace and Justice Commission
Recommendation: Adopt a Resolution condemning the "Foreskin man" comic books and urges backers of the San Francisco measure to do likewise and that any proposal that strikes directly at a core religious practice should not be welcomed when it is tainted by overt expressions of bigotry.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114
 
From: Councilmember Moore
Recommendation: Refer to the City Manager to explore extending the area eligible for Residential Preferential Parking (RPP) permit zones to include the entire City of Berkeley.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
Information Reports
 
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 
From: Councilmembers Capitelli, Wengraf and Wozniak
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
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 November 9, 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.
 
Occupy Movement
1.    Maxina Ventura
2.    Barryett Enge
 
Rabies, Parvo and Distemper
3.    Jill Posener