Regular Meeting eAgenda
January 29, 2013

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 

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REVISED AGENDA

(ADDED CONTINUED ITEM FROM JANUARY 22, 2013)

BERKELEY CITY COUNCIL MEETING

Tuesday, January 29, 2013

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 Mark Numainville, CMC, Acting 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.   Cleanup Amendment to Taxi Ordinance (BMC Chapter 9.52)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 9.52.050.B.1.f to correct an inadvertent omission.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

2.   Enact Chapter 13.79, Automatically Renewing Leases
From: City Manager
Recommendation:
Adopt first reading of an Ordinance enacting Berkeley Municipal Code Chapter 13.79 Automatically Renewing Leases Ordinance.
Financial Implications: Unknown
Contact: Zach Cowan, City Attorney, 981-6950

3.   Contract No. 8460A Amendment: NextGen Healthcare Information Systems Inc. for an Electronic Records System and Related Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 8460A with NextGen Healthcare Information Systems, Inc. increasing the amount by $105,897, for a total amount not to exceed $430,094, and extending the term to September 30, 2010 through June 30, 2016.
Financial Implications: General Fund - $105,897
Contact: Donna LaSala, Information Technology, 981-6500

4.   Amending Waste Management Authority Joint Powers Agreement
From: City Manager
Recommendation:
Adopt a Resolution approving an amendment to the Alameda County Waste Management Authority Joint Powers Agreement to clarify rules in case of member agency rule conflict.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300

5.   Designate the Alameda County Source Reduction and Recycling Board as the Local Task Force
From: City Manager
Recommendation:
Adopt a Resolution approving designation of the Alameda County Source Reduction and Recycling Board as the Local Task Force to comment on possible County Integrated Waste Management Plan amendments, and to otherwise provide non-binding guidance with respect to integrated solid waste planning.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300

6.   Additional 2013 Meeting for the Commission on the Status of Women
From: Commission on the Status of Women
Recommendation:
Approve an additional meeting in calendar year 2013 for the Commission on the Status of Women in preparation for the 22nd Bi-Annual Outstanding Women of Berkeley Awards.
Financial Implications: General Fund - $225
Contact: Eric Brenman, Commission Secretary, 981-5114

7.   Oppose the Trans-Pacific Partnership Trade Agreement and Support the 21st Century Trade Agreement and Market Access Act
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution:
1. Opposing the Trans-Pacific Partnership Trade Agreement and supporting the 21st Century Trade Agreement and Market Access Act;
2. Directing the City Clerk to send a letter to Senators Barbara Boxer and Dianne Feinstein urging them to support S.3347, The 21st Century Trade Agreements and Market Access Act, as it is currently worded, sponsored by Senator Sherrod Brown (OH) (introduced 6/27/2012); and
3. Directing the City Clerk to send a copy of the resolution to Congresswoman Barbara Lee, Senators Feinstein and Boxer and President Obama.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114

8.   Opposition to "Secure Communities" and Urging Alameda County Board of Supervisor Keith Carson to Affirm the Separation Between County and Federal Agencies
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution reaffirming opposition to "Secure Communities" and urging Alameda County Board of Supervisor Keith Carson to affirm the separation of county and federal agencies.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114

9.   Support the Residents of the Jeju Islands off the Coast of Korea to Stop Construction of the Jeju Naval Base
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution
1. Supporting the residents of the Jeju Islands off the coast of Korea to stop construction of the Jeju Naval Base;
2. Sending a letter to President Lee Myung Bak; and
3. Calling on the congressional delegation to write and co-sponsor a bill restricting U.S. funds from use in the construction of a military base on Jeju Island.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114

10.  Solid Waste Management Division Name Change to Zero Waste Division
From: Zero Waste Commission
Recommendation:
Adopt a Resolution changing the name of the City of Berkeley Public Works Department Solid Waste Management Division to the City of Berkeley Public Works Department Zero Waste Division.
Financial Implications: Alameda Co. Recycling - $1,000
Contact: Andy Schneider, Commission Secretary, 981-6357

11.  Zero Waste Week in Berkeley
From: Zero Waste Commission
Recommendation:
Adopt a Resolution declaring March 17-23, 2013 to be Zero Waste Week in Berkeley.
Financial Implications: Staff time
Contact: Andy Schneider, Commission Secretary, 981-6357
 

Council Consent Items

12.   Support of AB 48 Which Will Regulate the Sale of Ammunition in the State of California
From: Mayor Bates and Councilmembers Arreguin and Moore
Recommendation:
Adopt a Resolution supporting Assembly Bill (AB) 48, which will regulate the sale of ammunition in the State of California.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

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 - Continued Business

A.  Compassionate Sidewalks Plan  (Continued from January 22, 2013)
Revised materials
From: Councilmember Arreguin
Recommendation: Direct the City Manager to convene a working group of representatives of City staff, the Homeless, Housing Advisory, Human Welfare & Community Action, and Police Review Commissions, the Police Department, and other stakeholders, including but not limited to business owners, homeless persons, service providers, students, and academic experts to develop a Compassionate Sidewalks Plan over a series of workshops.  The working group should focus but is not limited to the following topics: 1) The demographics and causes of homelessness 2) A survey of existing homeless services 3) An assessment of potential funding needs and sources 4) Existing laws and enforcement 5) Best Practices.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action Calendar - New Business

13.  Downtown Streets and Open Space Improvement Plan (SOSIP)
Attachment 1, Exhibit A - Pt 1
Attachment 1, Exhibit A - Pt 2
Presentation
From: City Manager
Recommendation:
Adopt a Resolution determining that the Certified Downtown Area Plan EIR may be relied upon for approval of the SOSIP, and approving the SOSIP.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
 

Action Calendar – Public Hearing

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.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

14.  Downtown Streets and Open Space Improvement Plan (SOSIP) Impact Fee
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution:
1. Approving the Nexus Study for the Downtown Streets and Open Space Improvement Plan (SOSIP) Impact Fee; and
2. Setting the SOSIP Impact Fee at the maximum justifiable level of:  $2.23 per square foot of new residential use; $1.68 per square foot of new commercial use; $1.12 per square foot of new institutional use.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

Council Action Items

15.  Support of Assembly Bill 5, The Homeless Bill of Rights and Fairness Act
From: Councilmember Arreguín
Recommendation:
Adopt a Resolution supporting Assembly Bill (AB) 5, authored by Assemblymember Tom Ammiano, which would amend the Jesse Unruh Civil Rights Act to include “housing status” as an impermissible basis for discrimination and reaffirms other civil rights.  Copies of the resolution shall be sent to Senator Pro Tem Darrell Steinberg, Senators Loni Hancock, Assembly Speaker John A. Pérez, and Assemblymembers Nancy Skinner and Tom Ammiano.
Financial Implications: None
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140


 Information Reports

16.  Residential Preferential Parking: Adding Saturday Permit Requirement Near Commercial Areas and Extending Football Day Fines
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

17.  Status Report: Follow-up Audit of Public Works Construction Contracts
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

18.  Status Report: Utilization of Public Works Sewer Staff Can Be Improved
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 

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.cityofberkeley.info/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.cityofberkeley.info/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.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website.  Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record.  If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk.  If you do not want your contact information included in the public record, please do not include that information in your communication.  Please contact the City Clerk at 981-6908 or clerk@cityofberkely.info for further information.

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

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

 

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

 

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.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

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 January 17, 2013.

Mark Numainville, Acting City Clerk

 

Communications

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. Communications are not published directly to the City’s website.  Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Response to “No Drone Zone” Agenda Item
1.    Gregory Ahern

Open Letter to Mayor
2.    James Smith