Regular Meeting Annotated Agenda
October 27, 2009

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, October 27, 2009
7:00 P.M.
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


Preliminary Matters

Roll Call: 7:29 p.m.  All present.

Ceremonial Matters:

1.     October 31st is Berkeley Patient’s Group Day

2.     YAWS – Young Artists Workspace

3.     Downtown Host Ambassadors

City Manager Comments:

1.     Sad passing of Roland Anolin

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 3 speakers.

Consent Calendar

Action: M/S/C (Wengraf/Arreguin) to adopt Consent Calendar in one motion except as indicated:

1. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 13, 2009 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Approved minutes as submitted.

2. Affidavit of Residency for City Commissioners (PDF)
Revised Material
From: City Manager
Recommendation: Adopt first reading of an Ordinance requiring all members of city boards and commissions to file an affidavit of residency at the time of appointment and annually for the duration of their service on a commission.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Moved to Action Calendar.  M/S/C (Wozniak/Capitelli) to adopt first reading of Ordinance No. 7,111–N.S.  Second reading scheduled for November 10, 2009.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes: Worthington.

3. Signatures In Lieu of Filing Fee Ordinance (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance clarifying the rules and procedures for issuing, circulating, and filing signatures in-lieu of filing fee for City candidates.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Adopted first reading of Ordinance No. 7,112–N.S.  Second reading scheduled for November 10, 2009.

4. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
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 - $250,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

5. Contract: H1N1 Vaccination Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City manager to enter into and execute a single-source contract and any amendments with Care Dynamix Inc. dba Flu Busters in an amount not to exceed $150,000 to provide H1N1 vaccination services to Berkeley students and community members for the period November 1, 2009 through June 30, 2010.
Financial Implications: See report
Contact: Fred Medrano, Health Services, 981-5300
Action:  Adopted Resolution No. 64,659–N.S.

6. Shelter Plus Care Grant Application (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the City Manager's action to authorize submittal of an application to the U.S. Department of Housing and Urban Development (HUD) for a new five-year Shelter Plus Care grant in the amount of $824,700 to provide rental subsidies for homeless seniors in Berkeley, and to execute any resultant agreements.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,660–N.S.

7. Winter Homeless Shelter Programs (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with the City of Oakland, Department of Human Services, in an amount not to exceed $61,000 for operation of the Winter Shelter Program at the Oakland Army Base.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,661–N.S.

8. Grant Application: First 5 Alameda County Neighborhood Partnership Grant (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the First 5 Alameda County grant program for a Neighborhood Partnership Grant to operate youth programs in the amount of $112,500 over 18 months; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: General Fund - $112,500 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,662–N.S.

9. Metropolitan Transportation Commission (MTC)/Association of Bay Area Governments (ABAG)-Funded Consultants for Downtown Projects (PDF)
Supplemental Agenda Material (PDF)
From: City Manager 
Recommendation: Adopt four resolutions authorizing the City Manager to:

1    Execute a contract and any amendments with Nelson/Nygaard Associates for a Parking and Transportation Demand Management program (PTDM) in an amount not to exceed $175,000 for the period of November 1, 2009 through December 31 2010

2    Execute a contract and any amendments with Economic & Planning Systems for a Streets and Open Space Improvement Plan (SOSIP) in an amount not to exceed $55,000 for the period of November 1, 2009 through December 31 2010

3    Execute a contract and any amendments with Dyett Bhatia Associates for development of a Downtown Development Code (DDC) in an amount not to exceed $30,000 for the period of November 1, 2009 through December 31 2010

4    Accept a grant award in the amount of $300,000 and execute the resultant grant agreement and any amendments with the Association of Bay Area Governments and Metropolitan Transportation Commission (ABAG/MTC) for the period September 1 2009 to April 30 2010.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolutions No. 64,663–N.S., 64,664–N.S., 64,665–N.S. and 64,666–N.S.

10. Contract: RouteSmart Technologies, Inc. for Solid Waste Route Optimization (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with RouteSmart Technologies for route optimization software for a total amount not to exceed $109,000 for the period November 1, 2009 to December 31, 2013.
Financial Implications: Refuse Fund - $109,000 over 3 years
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,667–N.S.

11. Contract No. 7055B Amendment: Securitas Security Services USA Inc. (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7055B with Securitas Security Services USA Inc., for security guard services at the Corporation Yard, Solid Waste Center and Berkeley Marina, extending the current term of September 1, 2006 to September 30, 2009 to a new end date of October 31, 2009; and adding $50,000 for a new total not to exceed amount of $901,628.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,668–N.S.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes: Worthington.

12. Purchase Orders: Trillium USA for Compressed Natural Gas for FY 2010 through FY 2014 (PDF)
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders for compressed natural gas (CNG) with Trillium USA in an amount not to exceed $625,000 for FY 2010 through FY 2014.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,669–N.S.

13. Ordinance: BMC New Chapter 9.88 for Tax Relief Action to Cut Commuter Carbon (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance adding a new Chapter 9.88 to the Berkeley Municipal Code (BMC) requiring all employers with 10 or more employees to offer employees a pre-tax payroll deduction for commute benefits as per Federal Tax law, Internal Revenue Code section 132(f).
Financial Implications: Minimal Staff time.
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,113–N.S.  Second reading scheduled for November 10, 2009.  Staff to return with status update in one year.

14. Additional 2009 Meeting for the Commission on the Status of Women (PDF)
From: Commission on the Status of Women
Recommendation: Approve an additional meeting in calendar year 2009 for the Commission on the Status of Women.
Financial Implications: Minimal--limited to space rental costs.
Contact: Tasha Tervalon, Commission Secretary, 981-5300
Action:  Approved recommendation.

Council Consent Items

15. Appointment of Katherine Gale to the Berkeley Housing Authority (BHA) Board of Commissioners (PDF)
From: Mayor Bates
Recommendation: Adopt a Resolution approving the appointment of Katherine Gale to the position vacated by Mr. Wise Allen on the Berkeley Housing Authority (BHA).
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 64,670–N.S.

16. Support the Health Insurance Public Option Resolution (PDF)
From: Councilmember Maio
Recommendation: Adopt a Resolution to support the Health Insurance Public Option Resolution.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 64,671–N.S. as revised to remove partisan party references.

17. Referral to Planning Commission: Allowing Beer and Wine Service for Quick Service Restaurants in the Downtown (PDF) 
From: Councilmembers Arreguin, Capitelli and Mayor Bates
Recommendation: Refer the proposed ordinance to the Planning Commission, amending Berkeley Municipal Code (B.M.C.) Section 23E.68.030 to allow beer and wine service for quick service restaurants in the C-2 Zoning District subject to an administrative use permit and request that the Planning Commission review the proposal and make a recommendation to the City Council within 90 days.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Approved recommendation as amended to include Telegraph Avenue in the referral.

18. Budget Referral: Purchasing a Cazadero Legacy Bench (PDF) 
From: Councilmember Capitelli
Recommendation: Refer to the budget process the purchase of a Cazadero Legacy Bench.
Financial Implications: $1,500
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Approved recommendation.

Action Calendar – Appeals

19. ZAB Appeal: 2421 Ninth Street (PDF)
Administrative Record Part 1 (PDF) 
Administrative Record Part 2 (PDF)
From: City Manager 
Recommendation: Adopt a Resolution dismissing the appeal and affirming the ZAB's decision to approve Use Permit No. 05-10000084 to construct a two-story, 1,396 square-foot, detached dwelling unit at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.   Communication
1.  Jeb Evans/Tanja Zimmerman

Action: M/S/C (Moore/Wengraf) to set the matter for a public hearing.  Date to be determined.
Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Recused: Maio

20. ZAB Appeal: 1854-78 Euclid Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution dismissing the appeal and affirming the Zoning Adjustments Board's decision to approve Use Permit No. 09-100000012 to establish a new Quick Service Restaurant, to waive the additional parking space required for the change of use, and to combine two commercial tenant spaces into one at 1854-78 Euclid Avenue in the Commercial Neighborhood (C-N) district.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action: M/S/C (Worthington/Wengraf) to adopt Resolution No. 64,672–N.S. dismissing the appeal and affirming the Zoning Adjustments Board's decision to approve Use Permit No. 09-100000012 to establish a new Quick Service Restaurant, to waive the additional parking space required for the change of use, and to combine two commercial tenant spaces into one at 1854-78 Euclid Avenue in the Commercial Neighborhood (C-N) district.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates


Action Calendar – Public Hearing

21. Sale of 2240 Ninth Street (PDF)
From: City Manager
Recommendation: Conduct a public hearing to hear protests to the sale of City owned property at 2240 Ninth Street, and upon conclusion of the hearing, adopt a first reading of an Ordinance to sell the property at market value. Authorize the City Manager to contract for real estate professional services to market and sell the property and to execute all appropriate legal documents to effectuate the transfer.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  1 Speaker.  M/S/C (Maio/Moore) to close the public hearing.  M/S/C (Worthington/Moore) to adopt first reading of Ordinance No. 7,114–N.S. to sell the property at market value. Authorize the City Manager to contract for real estate professional services to market and sell the property and to execute all appropriate legal documents to effectuate the transfer. Second reading scheduled for November 10, 2009.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates

Action Calendar – Presentation

22. Presentation: Police Review Commission’s Statistical Report (PDF)
Supplemental Agenda Material (PDF)
From: Police Review Commission
Financial Implications:
None
Contact: Victoria Urbi, Commission Secretary, 981-4950
Action: Presentation made and discussion held.

Action Calendar – New Business

23. Ordinance Adopting Procedures for Proposal and Issuance of Bonds (PDF)
From: City Manager
Recommendation: Adopt the first reading of an Ordinance adopting a new chapter 7.64 of the Berkeley Municipal Code to establish procedures for proposing and issuing bonds.
Financial Implications: None
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Moved to Consent Calendar. Adopted first reading of Ordinance No. 7,115–N.S.  Second reading scheduled for November 10, 2009.

24. Withdrawal of United States Armed Forces and Private Mercenary Contractors from Afghanistan (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution advocating the withdrawal of United States Armed Forces and private mercenary contractors from Afghanistan and the cessation of United States military drone attacks on Afghanistan and Pakistan.
Financial Implications: None.
Contact: Eric Brenman, Commission Secretary, 981-5100
Action: M/S/C (Anderson/Worthington) to adopt Resolution No. 64,673–N.S. advocating the withdrawal of United States Armed Forces and private mercenary contractors from Afghanistan as amended to read as follows:

·         CALLING FOR A STRATEGY FOR THE RAPID WITHDRAWAL OF UNITED STATES ARMED FORCES AND PRIVATE MERCENARY CONTRACTORS FROM AFGHANISTAN …

·         …WHEREAS, the people of Afghanistan have continued to suffer and be killed by and not helped by the presence of the United States Armed Forces, and they want all foreign forces to leave Afghanistan…

·         BE IT FURTHER RESOLVED that the Council of the City of Berkeley call on the Obama administration to commit to a rapid and flexible timeline for withdrawal of all United States military and further call on the Administration to intensify its efforts to resolve the Afghanistan conflict through peaceful means, including unconditional humanitarian aid, economic assistance and timelines for the near-term withdrawal of American and NATO troops….”

·         Removal of the following Whereas clauses:

WHEREAS, the war in Afghanistan is and has been, since day one, on October 7, 2001, an illegal war under article 51 of the UN Charter amongst other laws, in part because it was purported to be in response to criminal attacks and not “armed attacks” by another country (Afghanistan never attacked the United States); and

WHEREAS, the war in Afghanistan is a war of aggression unrelated to the defense of the United States; and

WHEREAS, recent polls show that a majority of the American people oppose American involvement in the war in Afghanistan and want the United States to get out of Afghanistan; and

WHEREAS, there are more private military contractors in Afghanistan than there are United States troops in Afghanistan and the United States now has a higher ratio of private contractors to military personnel than in any war in the history of the United States; and

WHEREAS, Blackwater, now known as Xe, is one of the major contractors in Afghanistan (even after its record of violating human rights in Iraq and killing civilians in Afghanistan too); and

WHEREAS, unpersonned Predator drones and other United States drones (“Unmanned Aerial Vehicles”) have attacked and killed innocent Afghani citizens in Afghanistan as well as innocent Pakistani citizens in Pakistan and thereby harmed the image of America in the eyes of peoples of the region and elsewhere; and

·         Removal of the following BE IT FURTHER RESOLVED clause:

BE IT FURTHER RESOLVED that the Council of the City of Berkeley call on the United States to cease bombing in Afghanistan and Pakistan, including by unpersonned Predator, Reaper, and other drones.

 Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates.  Abstain: Wozniak.

Information Reports

25. LPC-NOD: 2054 University Avenue (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

26. LPC-NOD: 1500 Shattuck Avenue (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

27.        **Removed from Agenda by City Manager**Efficiency and Conservation Block Grant Award

28.        **Removed from Agenda by City Manager**Credit Card Enabled Single-Space Meter Pilot in North Berkeley

29. Winter Storm Preparation (PDF)

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

Action:  Received and filed.


Public Comment – Including Items Not Listed on the Agenda – 1 speaker


Adjournment 10:17 p.m. in memory of Roland Anolin.

Communications

Item 13: Ordinance: Tax Relief Action to Cut Commuter Carbon

1.    Rick Fernandez

2.    Wendy Alfsen

Downtown Plan

3.    Ruth Collier

Supplemental Communications and Reports 1

Item 2: Affidavit of Residency for City Commissioners

·         Revised materials, submitted by City Clerk Office (see agenda item)

Item 13: Ordinance: BMC New Chapter 9.88 for Tax Relief Action to Cut Commuter Carbon

4.    Hank Resnik, on behalf of Bicycle-Friendly Berkeley Coalition (BFBC)

Item 19: ZAB Appeal: 2421 Ninth Street

5.    Bart Selden

Item 22: Presentation: Police Review Commission’s Statistical Report

·         Supplemental materials, submitted by Police Review Commission (see agenda item)

Item 24: Withdrawal of United States Armed Forces and Private Mercenary Contractors from Afghanistan

6.    Gordon Wozniak, District 8

 
Supplemental Communications and Reports 2

Item 9: Metropolitan Transportation Commission (MTC)/Association of Bay Area Governments (ABAG)-Funded Consultants for Downtown Projects

·         To Be Delivered materials, submitted by Planning & Development (see agenda item)

Misc. Communications

3095 Telegraph Avenue

7.    79 petition form letters (available for viewing in City Clerk’s Office)