General Information
General Information

Regular Meeting eAgenda
May 17, 2011

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, May 17, 2011
 
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, CMC, 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.

From: City Manager
Recommendation: Adopt first reading of:
1.   An Ordinance amending Berkeley Municipal Code (BMC) Chapter 1.24 Abatement of Nuisances Ordinance;
2.   An Ordinance amending BMC Chapter 1.26 Violations Declared Public Nuisance Ordinance;
3.   An Ordinance amending BMC Chapter 9.80 Tobacco Retailers Ordinance;
4.   An Ordinance amending BMC Chapter 15.12 Hazardous Materials and Wastes Management Ordinance; and
5.   An Ordinance amending BMC Chapter 20.67 Alcohol Product Advertising Ordinance.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.48 Loud or Unruly Parties, Gathering or Other Similar Events Ordinance.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Approve the minutes for the Council meeting of April 26, 2011 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
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 - $1,474,873
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7009 with 2M Associates of Berkeley to prepare environmental documents and technical studies in order to complete the National Environmental Quality Act (NEPA) review process for the first segment of the Bay Trail Extension project in an amount not to exceed $24,000, and extending the term through December 31, 2012.
Financial Implications: Various Funds - $24,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7470 with 2M Associates to develop the Berkeley Tuolumne Camp Master Development Plan and environmental review documents by adding $27,049 for a total amount not to exceed $102,049, for a term ending on December 31, 2011.
Financial Implications: Playground Camp Fund- $175,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with PBSJ, Inc., an Atkins Company, to complete the CEQA environmental review process for the Aquatic Park Improvement Program (APIP) in an amount not to exceed $137,044 for the term ending June 30, 2012.
Financial Implications: Parks Tax Fund - $137,044
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution approving the submittal of a City of Berkeley Application for the Proposition 84 competitive Statewide Park Round Two Grant Program for the James Kenney Park Rejuvenation Project.
Financial Implications: $5 million (grant revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Berkeley Partners for Parks ("BPFP") and its partner group, Aquatic Park EGRET ("EGRET") to use the City's storage container at 699 Potter Street in Berkeley Aquatic Park for a six month term beginning February 1, 2011 to July 31, 2011, and including any required hold-over period up to January 31, 2012.
Financial Implications: None
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8565 with Redgwick Construction Company for the 9th Street Bicycle Boulevard Extension Project, increasing the contract by $175,000 for a total amount not to exceed $734,130.
Financial Implications: Various Funds - $734,130
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving specifications for FY 2011 Marina Float Replacement Project 11-10562-C;
2.   Accepting the bid of Bellingham Marine Industries, Inc.; 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, for an amount not to exceed $657,066, for the period of 120 calendars days from the date of the execution of the contract.
Financial Implications: Marina Operations/Maintenance Fund - $657,066
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue a purchase order for Golden State Fire Apparatus, Inc. in an amount not to exceed $348,912 for one Type III Wildland fire engine and equipment for use in fighting urban/wildland interface fires.
Financial Implications: Equipment Replacement Fund - $348,912
Contact: Andrew Clough, Public Works, 981-6300

 Council Consent Item
 
From: Mayor Bates and Councilmember Maio
Recommendation: Adopt a Resolution authorizing the City Manager to execute an unsecured loan of $97,000 from the General Fund to Building Opportunities for Self-Sufficiency (BOSS) for the purpose of funding certain predevelopment costs for improvements at Harrison House and approving the appropriation of the loan from the General Fund reserves.
Financial Implications: Loan from General Fund - $97,000
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmember Capitelli
Recommendation: Direct the City Manager to work with the City Attorney to develop specific criteria for the installation of banners in the public right of way in order to promote arts and culture in the City of Berkeley.
Financial Implications: Unknown staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Worthington
Recommendation: Adopt a Proclamation designating June 4, 2011 as the Berkeley World Music Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support Assembly member Swanson’s AB 764 allowing an individual taxpayer to voluntarily designate on the tax return, a specified amount in excess of the tax liability be transferred to the Victim-Witness Assistance Fund, for community based organizations that serve minor victims of human trafficking.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager the use of online payment for visitor parking permits.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager the use of Facebook for reporting 311 Service Requests and Community Outreach for Council members.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of up to $2,500 to the Pacific Center with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $2,500
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
Recommendation: Adopt a Resolution to support the Rank-and-File International Longshore and Warehouse Union (ILWU) against Pacific Maritime Association's court suit.
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
 
**Will commence no earlier than 8:00 p.m.**
 
At its meeting of March 8, 2011, City Council established a 6 month trial period for scheduling Public Hearings no earlier than 8:00 p.m.
 
Except at meetings at which the budget is to be adopted, no public hearing may commence later than 10:00 p.m. unless there is a legal necessity to hold the hearing or make a decision at that meeting or the City Council determines by a two-thirds vote that there is a fiscal necessity to hold the hearing.
 
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.
 
Presentation (PDF)
From: City Manager 
Recommendation: Conduct a public hearing regarding the FY 2012 and FY 2013 proposed budget.
Financial Implications: See FY 2012 and FY 2013 Proposed Biennial Budget (from May 3, 2011 Worksession)
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
Supplemental materials (PDF)
From: City Manager 
Recommendation: Conduct public hearings and, upon conclusion, adopt a Resolution certifying the Environmental Impact Report (EIR) and approving Demolition Permit No. 10-40000015 to allow demolition of the existing West Branch Library, a City of Berkeley Structure of Merit, and Use Permit No. 10-10000045 to allow construction of a new branch library.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
Supplemental materials (PDF)
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution certifying the Environmental Impact Report (EIR) and approving Use Permit No. 10-10000031 to allow demolition of the existing South Branch Library and construction of a new branch library.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution confirming the assessments in the Engineer's Report, dated February 2011, and authorize the levying of FY 2012 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
25.  Public Hearing: FY 2012 City Fees
From: City Manager
Recommendation: Conduct a Public Hearing on the following fees and upon conclusion adopt Resolutions setting fees for the following:
 
From: City Manager
Recommendation: Adopt a Resolution clarifying Domestic Partnership administrative procedures, increasing the fee to reflect current costs of operating the program, authorizing modifications to related forms to indicate effective date of filings, and rescinding Resolution No. 56,106-N.S.
Financial Implications: General Fund - $105 (Annual Revenue)
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution establishing fees for FY 2012 for permit and inspection and other services provided by the City of Berkeley Environmental Health Division as required by the Berkeley Municipal Code, sections: 9.80.040, 11.12.040, 11.20.030, Section 11.28.040, 12.04.020, 12.04.030 and 13.40.090; and the California Health and Safety Code, sections: 114381, 116053, 119303; and rescinding Resolution No. 64,890-N.S.
Financial Implications: General Fund - $77,731 (Annual Revenue)
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Establishing external fees for facility rental rates for the Aging Services Division of the Housing & Community Services Department of $35 per hour, an increase of $15 per hour from the current fees of $20.  Increase kitchen use fee from $60 per event to $100.  Increase internal fees for facility rental rates to City of Berkeley departments and commissions to $30, an increase of $10 per hour from the current fees of $20.
2.   Rescinding Resolution No. 61,575-N.S.
Financial Implications: General Fund - $22,715 (Annual Revenue)
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Establishing a new rate schedule in the Marina increasing berth and skiff fees by up to 6.7%;
2.   Increasing Houseboat Live Aboard fees by 20% ($20);
3.   Increasing Monthly and Seasonal Small Boat Launch Ramp Fees by 20% ($5);
4.   Eliminating the Waiting List Fee;
5.   Establishing a special rate for limited access berths;
6.   Establishing new fees for Food and Merchandise Booths; and
7.   Establishing new discounts for Multiple Berth Rental; and
8.   Rescinding Resolution No. 64,457-N.S.
Financial Implications: Marina Fund - $192,120 (Annual Revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution to approve new fees and increase current fees for select recreation and marina education programs and facilities, and rescind Resolution No. 64,456-N.S. and Resolution No. 64,332–N.S. and all amendatory resolutions.
Financial Implications: Various Funds - $199,141 (Annual Revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Establishing a revised fee schedule for the Toxics Management Division; and
2.   Amending Resolution No. 63,774-N.S.
Financial Implications: Certified Unified Program Agency Fund - Unknown
Contact: Dan Marks, Planning and Development, 981-7400

 
Action Calendar – New Business
 
Recommendation: Adopt a Resolution approving the borrowing of $57,000,000 and the sale and issuance of Fiscal Year 2012 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

 
From: Councilmember Worthington
Recommendation: Support SB 861 prohibiting public contracts with scrutinized private contractors of conflict minerals, as defined by the State Legislature.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
Recommendation: Adopt a Resolution supporting the Fracturing Responsibility and Awareness of Chemicals Act (“FRAC Act”), H.R. 1084/S.587, and the Bringing Reductions to Energy's Airborne Toxic Health Effects Act (“BREATHE Act”), H.R. 1204 to repeal the fracking exemption to the Safe Drinking Water Act and require disclosure of chemicals used in fracking.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 Information Reports
 
Contact: Phil Kamlarz, City Manager, 981-7000
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Contact: Donna Corbeil, Library, 981-6100
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
 
33.**Removed from agenda per City Manager and Rescheduled to June 7, 2011**Community Risk Reduction Plan
From: Community Environmental Advisory Commission
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400
 
From: Commission on Disability
Contact: Paul Church, Commission Secretary, 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.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 May 5, 2011.

Mark Numainville, Deputy 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.
 
Items 22 & 23: ZAB-LPC Certification: 1125 University Avenue and 1901 Russell Street
1.    Gene Bernardi
 
Pre-K Extended Day Programs
2.    Pablo Paredes
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