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General Information
General Information

 

Regular Meeting eAgenda
October 13, 2015

 

 

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 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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AGENDA 
 
BERKELEY CITY COUNCIL MEETING 
 
Tuesday, October 13, 2015 
 
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 – Lori Droste

 
 

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, 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: Persons will be selected by lottery to address matters not on the Council agenda.  If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each.  If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. 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 speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker 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. Berkeley Municipal Code Chapter 3.02 Amendment Related to Alternate Commissioners
    From: City Manager
    Recommendation: Adopt second reading of Ordinance No. 7,442-N.S. amending Berkeley Municipal Code Chapter 3.02 to allow for Councilmembers and the Mayor to appoint a pool of Alternate Commissioners to serve on designated commissions when their regular appointee is on an authorized leave of absence; and
    First Reading Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Droste, Bates; Noes – None; Absent – Anderson.
    Financial Implications: See report
    Contact: Mark Numainville, City Clerk, 981-6900
  1. Mental Health Services Act –Memorandum of Understanding with Alameda County Behavioral Health Care Services to Fund a Wellness Center
    From: City Manager
    Recommendation:
    Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Berkeley and Alameda County Behavioral Health Care Services (BHCS) for the term July 1, 2015 through June 31, 2018 for an expenditure of up to $300,000 per fiscal year to fund the creation and operation of a Mental Health Wellness Center (Wellness Center) located in the City of Berkeley or Albany.
    Financial Implications: See report
    Contact: Kelly Wallace, Health, Housing and Community Services, 981-5400
  1. Approval of Three Additional Meetings for Children, Youth and Recreation Commission in Calendar Year 2015
    From: Children, Youth and Recreation Commission
    Recommendation: Adopt a Resolution requesting Council approval of three additional meetings for the Children, Youth, and Recreation Commission in calendar year 2015.
    Financial Implications: Staff time
    Contact: Christina Erickson, Commission Secretary, 981-6700

Council Consent Items

  1. Endorse the Internet for All Proposal to the Federal Communications  Commission (FCC) to Secure an Affordable Broadband Lifeline Program for All Low-income Households
    From: Councilmember Worthington
    Recommendation: Endorse the Internet for All proposal to the Federal Communications Commission (FCC) to secure an affordable Broadband Lifeline Program for all low-income households. 
    Financial Implications: None
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1. Proclamation in Honor of Spirit Day and Endorse the Campaign to Go Purple in a Stand Against Bullying and Show Support for LGBT Youth
    From: Councilmembers Worthington, Droste, and Moore
    Recommendation: Adopt a proclamation in Honor of Spirit Day and endorse the Campaign to Go Purple in a Stand Against Bullying and Show Support for LGBT Youth.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1. City Manager Referral: Constitutional Questions Raised about DBA Ambassadors Taking Down Fliers that Appear to Comply with Berkeley Municipal Code
    From: Councilmember Worthington
    Recommendation: Refer to the City Manager to examine whether any constitutional questions arise if DBA Ambassadors take down fliers placed on poles that appear to comply with Berkeley Municipal Code.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1. Adopt a Resolution to Co-sponsor Veteran’s Day Event and Refer to the City Manager to Re-establish Support for Berkeley Veterans
    From: Councilmembers Worthington, Anderson, and Arreguin
    Recommendation: Adopt a Resolution co-sponsoring the November 11, 2015 Veteran’s Day event and refer to the City Manager that the City re-establish the link to the Vietnam Veterans Electronic Memorial and clean the Veterans Memorial Building steps and plaques.
    Financial Implications: Minimal
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

  1. Adopt a Resolution Supporting the Exoneration of Port Chicago Sailors
    From: Councilmembers Worthington, Anderson, and Moore
    Recommendation: Adopt a Resolution supporting the exoneration of Port Chicago sailors.
    Financial Implications: None
    Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 Action Calendar

The public may comment on each 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 items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Public Hearings

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.

9. ZAB Appeal: 2115 San Pablo Avenue
Att 5, Admin Record - Pt 1
Att 5, Admin Record - Pt 2
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny Use Permit No. 2013-0047, which involved the expansion of alcoholic beverage service now provided at Acme Bar & Company into unused exterior space abutting residential uses in an R-2 Residential District.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400

 Action Calendar – New Business

10.  a. Berkeley Lead Poison Prevention and Control
From: Community Environmental Advisory Commission
Recommendation: Adopt a Resolution directing the City Manager to (1) implement an enforcement program per SB 460 of 2002 for lead paint hazards; (2) annually remind pediatricians and other medical providers to regularly test children between the ages of one and six for blood lead levels, and to report all blood lead levels above 5 microgram per deciliter, or if there is an increase of 1 microgram per deciliter to City Public Health for further investigation; and (3) evaluate the program after a year of implementation and present the findings to the Community Environmental Advisory Commission (CEAC).
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

b. Berkeley Lead Poison Prevention and Control
From: City Manager
Recommendation: Refer to the Community Environmental Advisory Commission (CEAC) a request to conduct a thorough review of the Alameda County Healthy Homes Department (ACHHD) Lead Poisoning Prevention Program performance measures and budget for 2010-2015 for their services in Berkeley as well as their projected activities and budget for the 2015/16 year. Take no action at this time on CEAC’s recommendation in the October 13, 2015 report to implement an enforcement program per SB 460 of 2002 for lead paint hazards. In lieu of CEAC’s second recommendation:
A.  Annually remind Berkeley health care providers of the importance of regularly screening children between the ages of 6 months and 6 years for risk of lead poisoning, and obtaining blood lead levels at 12 and 24 months of age for those at risk, in accordance with guidelines of the American Academy of Pediatrics (AAP), Centers for Disease Control and Prevention (CDC), and California Department of Public Health (CDPH) Childhood Lead Poisoning Prevention Branch (CLPPB).
B.  Continue providing public health lead poisoning prevention information, education, and evaluation by a Public Health Nurse for families of all children whose blood lead level exceeds the CDC’s reference level (currently 5 µg/dL).
Financial Implications: See report 
Contact: Eric Angstadt, Planning and Development, 981-7400 

Council Action Items

11.  Hate Crime Prevention Response Plan
From: Councilmember Worthington
Recommendation:
Create a hate crimes prevention response plan.
Financial Implications: Unknown 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 Information Reports

12.  Update: City Water Conservation and Use Reduction
From: City Manager
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700; Eric Angstadt, Planning and Development, 981-7400; Phillip Harrington, Public Works, 981-6300

13.  Audit Response - Police Injury Prevention
From: City Manager
Contact: Michael Meehan, Police, 981-5900

 Public Comment – 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/CalendarEventWebcastMain.aspx
 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.

Communications to the 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 Department at 2180 Milvia Street. 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 Department for further information.

 

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 City Hall 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.cityofberkeley.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

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@cityofberkeley.info

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.

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 October 1, 2015.

 

Mark Numainville, 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.

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