General Information
General Information

Regular Meeting eAgenda
February 19, 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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AGENDA
BERKELEY CITY COUNCIL MEETING
 
Tuesday, February 19, 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.

From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,277–N.S. amending Berkeley Municipal Code Section 9.52.050.B.1.f to correct an inadvertent omission.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,278–N.S. enacting Berkeley Municipal Code Chapter 13.79 Automatically Renewing Leases Ordinance.
First Reading Vote: All Ayes
Financial Implications: Unknown
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,279–N.S. 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.
First Reading Vote: All ayes
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 22, 2013 (special and regular) and January 29, 2013 (special closed and regular).
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Mark Numainville as the City Clerk to be effective March 3, 2013.
Financial Implications: See report
Contact: Christine Daniel, City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution approving donations to the Animal Shelter in the sum of $10,000 from the Stephen and Mary Birch Foundation and $2,000 from Every Dog Has Its Day Care.
Financial Implications: Animal Shelter Fund - $12,000 (donation)
Contact: William Rogers, City Manager’s Office, 981-7000
 
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: Various Funds - $7,792,034
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a five-year lease agreement of 2218 Acton Street to the Women's Daytime Drop-In Center (WDDC) for use as a drop-in center and social service site for homeless women and families.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 13F-3001 for the initial amount of $67,445, and execute any resultant agreements and amendments including amendments that increase the contract amount to provide low-income services for the period January 1, 2013 to December 31, 2013.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 from the family of Bernard G. Harvey for a memorial bench to be placed in Glendale La Loma Park.
Financial Implications: Parks Tax Funds - $3,400 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a memorandum of understanding with Alameda County authorizing the County to conduct solicitations for aggregated renewable energy procurement for the period from the execution until June 30, 2015.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an amendment to the City’s lease (Contract No. R7593) with International Computer Science Institute to provide for an adjustment in rent for the first five-year option period.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: Board of Library Trustees
Recommendation: Adopt a Resolution approving the reappointing of Winston Burton to the Board of Library Trustees ("BOLT") for a second term of four years commencing March 23, 2013.
Financial Implications: None
Contact: Donna Corbeil, Commission Secretary, 981-6195

 
Council Consent Items
 
From: Mayor Bates
Recommendation: Adopt a Resolution declaring March 1, 2013 as 'College and Career Day 2013' in the City of Berkeley.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $5,000 per Councilmember including up to $5,000 from the Mayor's Office to sponsor the proposed "Sunday Streets Berkeley" to be held in October of 2013, with funds relinquished to the City's general fund for this purpose from the discretionary office budget of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Fund - $5,000
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmembers Maio, Arreguin, Wozniak, and Mayor Bates
Recommendation: Refer the attached request to the Public Works Commission to name the Public Health Clinic at University/San Pablo for former Councilmember Ann Chandler and convey Council's support.
Financial Implications: Minimal
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $125 per Councilmember including $125 from Councilmember Arreguin to Building Opportunities for Self Sufficiency with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Arreguin and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Fund - $125
Contact: Jesse Arreguin, 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 - New Business
 
From: City Manager
Recommendation: Adopt a Resolution reducing by 50% the Affordable Housing Impact Fee for projects that had submitted applications prior to October 16, 2012 and who complete those applications within two years and receive initial project approvals prior to October 16, 2014.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
 
From: Peace and Justice Commission
Recommendation: Instruct the Mental Health, Community Health, Transportation, and Police Review Commissions to research and submit recommendations to the Peace and Justice Commission's DUI Subcommittee within six (6) months of referral.  Research and recommendations should focus on improvements to Harm Reduction and Minimization policies with respect to DUI in Berkeley.
Financial Implications: Minimal
Contact: Eric Brenman, Commission Secretary, 981-5114

 
Information Reports
 
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000
 
From: City Manager
Contact: William Rogers, City Manager’s Office, 981-7000
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
From: City Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
From: Councilmember Arreguin
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
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@cityofberkeley.info for further information.
 
Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkely.info/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 February 7, 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.

Senior Concerns
1.  Seyed Banitaba

Bike Signal at Hillegass/Ashby
2.  Alethea Brown
3.  Charles Siegel
4.  Deb Janes

Traffic Signs at Marin Circle
5.  Bill Weber

Sunday Streets
6.  Erin Rhoades, on behalf of Sunday Streets Berkeley Coalition

21st Century Trade Agreement and Market Access Act
7.  Diana Bohn

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