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Regular Meeting eAgenda
October 19, 2010

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: 

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AGENDA
 
 BERKELEY CITY COUNCIL MEETING
 
Tuesday, October 19, 2010
 
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, 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.
 
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.

Recommendation: Adopt second reading of Ordinance No. 7,155–N.S. amending the residential and commercial district regulations in the Berkeley Municipal Code to be consistent with the regulations in Chapter 23C.17, Wireless Telecommunication Facilities.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Jordan Harrison, Commission Secretary, 981-7400
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 20, 2010 (special closed), September 21, 2010 (special and regular), and September 28, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution that establishes a six-month moratorium on charging for parking at meters on Adeline Street between Woolsey Street and Alcatraz Avenue.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to:
1.  Accept one-time grant funds from the U.S. Small Business Administration, in the amount of $250,000, for the East Bay Green Jobs Project to implement education and job training programs related to the green industry, submit an application to the funding agency, and execute resultant grant agreement; and
2.  Execute sole source contracts and any amendments and extensions with 1) Peralta Community College District, College of Alameda, in an amount not to exceed $80,000 and 2) The Workforce Collaborative (TWC), in an amount not to exceed $132,500 for the period September 15, 2010 to March 31, 2012.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the California Public Health Department Tobacco Control Program in the total amount of $425,000 for three years (FY2011-FY2013) to provide tobacco prevention and cessation interventions among Berkeley's priority populations; to execute the resultant revenue agreements, contracts and any amendments and extensions; authorizing the implementation of the projects and appropriation of funding for related expenses; and enter into an expenditure contract with consortium partner Berkeley Youth Alternatives as a sole source sub-contractor in the total amount of $212,500 for the three year duration of the grant term (FY 2011-13).
Financial Implications: Prop 99 Tobacco Prevention Fund - $425,000 - Grant - 3 years
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution postponing the City’s foreclosure sale for the property located at 3135 Harper Street, currently scheduled for November 2, 2010, to March 31, 2011. Authorize the City Manager to postpone the foreclosure sale of the Property for up to an additional six (6) months, no later than September 30, 2011, provided that:
1.  Satellite Housing has a contract for the purchase of the site with the current owner for a price that does not exceed its appraised value; and
2.  Satellite Housing has applied for funding from other lenders for the project and the control of the Property site is part of the consideration for the approval of funding; and
3.  Satellite can demonstrate progress in the current owner’s effort to resolve liens against the property.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
Recommendation: Adopt a Resolution to amend Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to revise and change the title of the Weatherization Supervisor classification to Home Energy Administrator and increase the monthly salary range to $6,490 - $7,707, effective October 17, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
 
Recommendation: Adopt a Resolution authorizing the City Manager to amend existing Contract No. 7786 with Alameda County Auction by $25,000 for an amount not to exceed $75,000.00 for the rental of unmarked vehicles.
Financial Implications: General Fund - $25,000
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept the Bicycle and Pedestrian Safety Education and Enforcement Program award from the Office of Traffic Safety in the amount of $200,000 to conduct bicycle and pedestrian education and automobile/pedestrian right of way enforcement activities.
Financial Implications: Office of Traffic Safety DUI Enforcement Education Fund - $200,000
Contact: Michael Meehan, Police, 981-5900

 
Council Consent Items
 
From: Councilmember Arreguin
Recommendation: Refer to the Planning Commission the proposed Zoning amendments to allow home-based garden-grown edibles businesses in Berkeley’s residential areas and request that the Planning Commission review the proposal and make a recommendation to City Council.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Wengraf
Recommendation: Adopt a Resolution supporting The Pipeline Safety and Community Empowerment Act, amending Title 49 USC, to enhance pipeline safety, to provide communities with access to improved information concerning the equipment and operation of pipeline facilities, and to require the Secretary of Transportation to establish minimum standards for the installation of automatic or remote shut-off valves on transmission pipelines that run through high seismic hazard, residential and other areas deemed to be at high risk.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
From: Councilmember Worthington
Recommendation: Send a letter of support to Asahbir Basi a recent victim of a hate crime that took place on September 11, 2010.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington and Anderson
Recommendation: Refer the following to the City Manager:
1.  The investigation of specific addresses within the city of Berkeley on Ward, Ellsworth and Derby, and
2.  The possibility for consideration and creation of a policy disincentive for repeat violations of alleged persistent housing and building code violations.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager the feasibility of creating a designated 'Public Safety Zone' at a location in Berkeley, including consideration of such a site near the Public Safety Building.
Financial Implications: Unknown
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 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.
 
From: Planning Commission
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution adopting California Environmental Quality Act (CEQA) findings and amending the General Plan to incorporate the updated Berkeley Housing Element.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

 
Information Reports
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

 
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

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

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 14, 2010.

 

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.
 
Traffic Calming
1.    Carmen Erasmus
 
Bicycle Plan Implementation
2.    Dave Campbell
 
Berkeley Housing Authority Complaint
3.    Elidia Duarte
 
Measure R Commentary
4.    B. Soffer
 
Residential Parking Permit Fees
5.    Andy Partos

 

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