General Information
General Information

Regular Meeting eAgenda
February 5, 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 ITEMS FROM JANUARY 29, 2013)

BERKELEY CITY COUNCIL MEETING

Tuesday, February 5, 2013

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Teleconference Location: 3400 Las Vegas Blvd South –

Business Center Kiosk, Main Floor, Las Vegas, Nevada 89109

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.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on February 5, 2013
From: City Manager
Recommendation:
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Sanitary Sewer Operation - $350,000
Contact: Robert Hicks, Finance, 981-7300

2.   Option Agreement - 3135 Harper Street
Revised materials
From: City Manager
Recommendation:
Adopt first reading of an Ordinance approving an Option Agreement between the City of Berkeley and Satellite AHA Development, Inc. (SAHAD) for the disposition and development of the City-owned property at 3135 Harper Street in Berkeley.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

3.   Contract: ACS State and Local Solutions for a Parking Citation Management Solution
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ACS State and Local Solutions to provide Parking Citation Management Services for a total amount not to exceed $1,440,000 from April 1, 2013 to June 30, 2016.
Financial Implications: General Fund - $1,440,000
Contact: Michael Meehan, Police, 981-5900

4.   Contract: AJW Construction for FY 2013 Responsive Sidewalk Project Phase 1
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Approving specifications for the FY 2013 Responsive Sidewalk Project Phase 1, Specification No. 13-10702-C; 
2.   Accepting the bid of AJW Construction; and 
3.   Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved specifications, in an amount not to exceed $248,100, for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: Various Funds - $248,100
Contact: Andrew Clough, Public Works, 981-6300

5.   Agreement: Alameda Countywide Clean Water Program
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Authorizing the City Manager to execute an agreement with Alameda County, and the 14 cities and 2 special districts in Alameda County, collectively known as "member agencies" of the Alameda Countywide Clean Water Program, for a 15-year term; and
2.   Authorizing payments for the Alameda Countywide Clean Water Program for the 3 year period of FY 2014 - FY 2016 for a total not to exceed amount of $315,000.
Financial Implications: Clean Storm Water Fund - $315,000
Contact: Andrew Clough, Public Works, 981-6300

Council Consent Items

6.**Removed from Agenda by Councilmember**Refer $25,000 to the FY 2013/2014 Budget Process to Expand K to College Service in Berkeley
From: Councilmember Moore
Contact: Darryl Moore, Councilmember, District 2, 981-7120

7.   Support SCA 7, Local Library Funding
Revised material
From: Councilmember Moore
Recommendation:
Adopt a Resolution supporting SCA 7 for local library funding, which enables local governments to pass special taxes and bonds to support the operations of their public libraries by lowering the voter threshold for these measures from two-thirds to 55 percent.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

8.   Referral to City Manager: Exempting Chair Massage from Massage Establishment Permit Requirements
From: Councilmember Arreguín
Recommendation:
Refer to the City Manager the proposed ordinance language and request that the City Manager review and bring back to Council a proposed ordinance to exempt Chair Massage as defined in B.M.C. Section 23F.04.010 from the massage establishment permit requirements of B.M.C. Section 9.32.060.
Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140

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.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the appeal. Written reports shall be available for public review in the office of the City Clerk.

9.   ZAB Appeal: 1214 Glen Avenue, Use Permit No. 11-10000021
Attachment 5 - Admin Record
From: City Manager
Recommendation:
Adopt a Resolution to affirm the Zoning Adjustments Board's (ZAB) approval of Use Permit No. 11-10000021 to allow the construction of a two-story, 2,400 square foot, single-family dwelling with an attached 2-car garage, with a reduced front yard setback of 18'-7" where 20' is required and to allow the construction of fences that measure up to 8' in height, on a 3,771 square foot parcel.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400

b. Communications

      None

10.  ZAB Appeal: 1488 Keoncrest Drive
Attachment 5 - Admin Record
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to uphold the Zoning Officer’s decision to approve Administrative Use Permit No. 12-20000050 to enlarge an existing 1,200 sq. ft. single family residence by constructing a 110 sq. ft. addition to the ground floor for an expanded single-car garage, a 290 sq. ft. second story living room, and a 250 sq. ft. third story bedroom, increasing the average height to 25’11” and vertically extending a non-conforming front yard setback.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

b. Communications

1.    Tom Reilly and Kevin James
2.    Cynthia Smith
3.    Robin Halprin and Abbas Khaligh
4.    Jacqueline and Fred Wilson
5.    Adam Davis
6.    Bertrand Racine and Lina Urbain
7.    Vika Teicher

Action Calendar – Continued Business

A.   Support the Residents of the Jeju Islands off the Coast of Korea to Stop Construction of the Jeju Naval Base  (Continued from January 29, 2013)
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

B.   Residential Preferential Parking: Adding Saturday Permit Requirement Near Commercial Areas and Extending Football Day Fines (Continued from January 29, 2013) 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

Action Calendar – New Business

11.  Letter to UC Regents Regarding Phasing-Out Nuclear-Related Activities
From: Peace and Justice Commission
Recommendation:
Approve transmittal of a letter to the Regents of the University of California regarding this entity's continued management role in the national nuclear weapons laboratories, in contravention of the voter-approved Nuclear Free Berkeley Act.
Financial Implications: Unknown
Contact: Eric Brenman, Commission Secretary, 981-5114

Information Reports

12.  City Loan Performance and Securitization Policy
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530

13.  Non-Residential Plug-in Electric Vehicle (PEV) Charging Station Pilot Program
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400

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.

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 24, 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.

Local Government TV Broadcasting
1.  Barbara Gilbert

Treatment of the Homeless
2.  Geri McGilvray

Captioning
3.  Marguerite Bardone

 

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