Regular Meeting Annotated Agenda
December 8, 2009

Printer-friendly PDF* annotated 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 

  • 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.

~~~~~~~~~~~~~~~~~~~~~ 
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, December 8, 2009
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

Preliminary Matters

Roll Call: 7:06 p.m.  Absent: Mayor Bates. 

Ceremonial Matters:
1.    Telegraph Street Fair
2.    Therese Powell 

City Manager Comments: 

1.    Expansion of Oakland Enterprise Zone to Berkeley
2.    Oakland/Berkelely Joint Winter Shelter and YEAH Shelter – extended hours due to extreme cold
3.    In anticipation for upcoming storms, sand bags are available at Berkeley Fire Stations.


Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 6 speakers.

Consent Calendar

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

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

1. Amendments to Community Noise Ordinance: BMC Chapter 13.40 (PDF)
From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 7,122–N.S. amending the Community Noise Ordinance (BMC Chapter 13.40) to:

1.   Provide appropriate exceptions for entertainment establishments to be determined by the Zoning Adjustments Board through the use permit process;

2.   Provide additional discretion for amplified sound permits at festivals;

3.   Clarify noise standards, permit procedures, and enforcement procedures.
Financial Implications: Unknown
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Moved to Action Calendar.  M/S/C( Worthington/Arreguin) to rescind first reading of Ordinance No. 7,122–N.S. adopted by Council on November 17, 2009 and adopt new first reading of Ordinance No. 7,122–N.S. to include all language adopted on November 17, 2009 and as amended to reflect the following:

Section 13.40.030(E)

If a NCO investigates a noise complaint and finds the noise level to have been mitigated to the extent technically and economically feasible, after balancing (1) the number of decibels and the amount of time the offending noise exceeds the allowed limit, (2) the number of persons affected, and (3) the cost of reducing the decibels or amount of time to come into compliance this Chapter, the EHD may deem the noise level to be in compliance with this Chapter.  Such determination may be appealed to the City Manager within 30 days of the decision.

Section 13.40.080(D)

There may be instances, especially in existing older buildings, where compliance with the noise standards set forth in this Chapter may not be economically or technically feasible, and therefore, the EHD may grant administrative exceptions to those standards on a case-by-case basis after balancing (1) the number of decibels and the amount of time the offending noise exceeds the allowed limit, (2) the number of persons affected, and (3) the cost of reducing the decibels or amount of time to come into compliance this Chapter. Such determination may be appealed to the City Manager within 30 days of the decision.

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

2. Settlement: Johnson v. City of Berkeley (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 08 417134 entitled Johnson v. City of Berkeley, in the amount of $40,000.
Financial Implications: Public Liability Fund - $40,000
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 64,706–N.S.  Absent: Bates.
 
3. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 3 (Special Closed and Special Joint), November 9 (Special Closed), November 10 (Regular) and November 17, 2009 (Regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Approved minutes as submitted.

4. National Institutes of Health (NIH) Grant (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to participate in a grant submitted by University of California, Berkeley School of Public Health, and execute agreements, as needed, to implement the "Building Sustainable Community-linked Infrastructure to Enable Health Science Research Program" if awarded.  This grant is supported by funds of the American Recovery & Reinvestment Act of 2009 (Federal Stimulus).
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000
Action:  Adopted Resolution No. 64,707–N.S.  Absent: Bates.

5. Amendment: FY 2010 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2010 Annual Appropriations Ordinance No. 7,102-N.S. for fiscal year 2010 based upon recommended re-appropriation of committed FY 2009 funding and other adjustments authorized since July 1, 2009, in the amount of $58,029,430 (gross) and $57,963,540 (net).
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
Action:  Adopted first reading of Ordinance No. 7,123–N.S.  Second reading scheduled for December 15, 2009.  Absent: Bates.

6. 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: Various Funds - $1,742,947
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

7. Safety Members' Pension Fund Annual Reports for FY 2009 (PDF)
From: City Manager
Recommendation: Accept the Safety Members Pension Fund (SMPF) annual reports for fiscal year ended June 30, 2009.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

8. Grant Application - the Metropolitan Transportation Commission Grant Program for Federal Transportation Enhancement (TE) Funds to Construct Segment One of the Bay Trail Extension at the Berkeley Marina (PDF) 
From: City Manager
Recommendation: Adopt two Resolutions:  1 Certifying that the project is eligible for federal Transportation Enhancement (TE) funding and that the City will comply with all requirements of the TE funding; and 2.  Authorizing the City Manager or his designee to:  1) submit a grant application to the MTC for a federal Transportation Enhancement (TE) grant to construct the Bay Trail Extension at the Berkeley Marina in the amount of $1,928,000; 2) accept the grant; 3) execute any resultant revenue agreements and amendments; and 4) authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,708–N.S. and Resolution No. 64,709–N.S.  Absent: Bates.

9. Lease Agreement: Mohammad Mohayedi, DBA Moe's Flower Shop, located at 2446 Durant Avenue in the Telegraph Channing Garage Shop (PDF)
From: City Manager
Recommendation: Adopt a first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj, doing business as Moe's Flower Shop, for the purpose of a retail flower shop at 2446 Durant Avenue in the Telegraph Channing Garage Shops.  The lease term is for the period February 1, 2010 to August 31, 2014.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,124–N.S.  Second reading scheduled for December 15, 2009.  Absent: Bates.

10. Contract: R. E. Builders, Inc., for 830 University Ave. – CDBG Renovation Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution 1) approving plans and specifications for the 830 University Ave – Community Development Block Grant Renovation; 2) accepting the bid of R.E. West Builders, Inc.; and 3) authorizing the City Manager to execute a contract and any extensions or change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $927,600.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,710–N.S.  Absent: Bates.

11. Additional 2009 Meeting for the Peace and Justice Commission (PDF)
From: Peace and Justice Commission
Recommendation: To request City Council approval for an additional (eleventh) meeting in calendar year 2009 for the Peace and Justice Commission in order to fulfill the Commission's mandate to plan and convene additional community forums on local peace and justice issues.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
Action:  Approved recommendation.

Action Calendar - Appeals

12. LPC Appeal: 1007 University Avenue (PDF)
Administrative Record (PDF)
From: City Manager
Recommendation: Remand to the LPC its June 20, 2009 Landmark Designation (No. 09-40000012) of the building at 1007 University Avenue, in order to conduct a public hearing to review the new information submitted by appellant regarding the lack of association of the building at 1007 University Avenue with Bernard Maybeck and to modify its designation decision as appropriate.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b.  Communication

  1. Daniella Thompson (BAHA) (2)

Action: M/S/C (Wengraf/Wozniak) to adopt Resolution No. 64,711–N.S. approving the City Manager’s recommendation to remand to the LPC its June 20, 2009 Landmark Designation (No. 09-40000012) of the building at 1007 University Avenue, in order to conduct a public hearing to review the new information submitted by appellant regarding the lack of association of the building at 1007 University Avenue with Bernard Maybeck and to modify its designation decision as appropriate.

Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak.  Noes: Arreguin and Worthington.  Absent: Bates.


Action Calendar – Public Hearings

13. Transfer Station Rate Amendment for County Plant Debris Landfill Ban Surcharge (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, amend the Transfer Station Rate Resolution No. 64,575-N.S. to add a surcharge rate for non-compliance with the Alameda County Plant Debris Landfill Ban, effective January 1, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Public Testimony: The Vice-Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Anderson) to close the public hearing.

Action: M/S/C (Worthington/Moore) to adopt Resolution No. 64,712–N.S. amending the Transfer Station Rate Resolution No. 64,575-N.S. to add a surcharge rate for non-compliance with the Alameda County Plant Debris Landfill Ban, effective January 1, 2010.

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

Councilmember Wengraf absent: 9:07 p.m. – 9:12 p.m.

14. Policy and Fee Schedule for City-Owned Garages; Renaming Oxford Parking Facility (PDF) 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution to:

  1. Rename the Oxford-Fulton Parking Lot the "Oxford Garage," add four hours of operation on Sundays, and implement a monthly parking program for private vehicles and motorcycles
  2. Establish policies and fee schedules for the Center Street Garage, Telegraph/Channing Garage and the Oxford Garage
  3. Rescind Resolution Nos. 57,678–N.S., 62,443–N.S. and 63,217–N.S.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Public Testimony: The Vice-Mayor opened the public hearing. 1 speaker.  M/S/C (Capitelli/Moore) to close the public hearing.

Action: M/S/C (Arreguin/Worthington) to adopt Resolution No. 64,713–N.S.

  1. Renaming the Oxford-Fulton Parking Lot the "Oxford Garage," add four hours of operation on Sundays, and implementing a monthly parking program for private vehicles and motorcycles
  2. Establishing policies and fee schedules for the Center Street Garage, Telegraph/Channing Garage and the Oxford Garage
  3. Rescinding Resolution Nos. 57,678-N.S., 62,443-N.S. and 63,217-N.S.

Staff to return with additional information regarding parking validation for businesses and real-time signage prospects.

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

Action Calendar – New Business

15. Contract: Ecology Center for Residential Curbside Recycling Services (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a new contract with the Ecology Center (EC) for residential curbside recycling services in an amount not to exceed $37,020,678 for the period from January 1, 2010 to June 30, 2020; with the provision the parties may renegotiate terms and conditions as set forth in the contract starting in year 2015.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,714–N.S. authorizing the City Manager to execute a new contract with the Ecology Center (EC) for residential curbside recycling services in an amount not to exceed $37,020,678 for the period from January 1, 2010 to June 30, 2020; with the provision the parties may renegotiate terms and conditions as set forth in the contract starting in year 2015.

16. Oppose Stupak-Pitts Amendment to HR 3962 (PDF)
Supplemental Agenda Material (PDF)
From: Councilmembers Worthington, Wengraf, Maio and Arreguin
Recommendation: Send a letter accompanied by an actual coat hanger to the 20 “pro-choice” Congressional representatives who voted to approve the Stupak-Pitts Amendment.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Approved Councilmembers Worthington and Wengraf’s recommendation to send a letter accompanied by an actual coat hanger to the 20 “pro-choice” Congressional representatives who voted to approve the Stupak-Pitts Amendment.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington.  Noes: Wozniak.  Absent: Bates.

17. West Berkeley Project Zoning Ordinance Amendments (PDF)
From: Planning Commission
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapters 23E.72, 23E.76, 23E.80, and 23F.04 related to development regulations and uses in the Manufacturing, Mixed Manufacturing, and Mixed-Use Light Industrial Districts.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7100
Action: 7 speakers. M/S/C (Worthington/Moore) to adopt first reading of Ordinance No. 7,125–N.S. amending Berkeley Municipal Code Chapters 23E.72, 23E.76, 23E.80, and 23F.04 related to development regulations and uses in the Manufacturing, Mixed Manufacturing, and Mixed-Use Light Industrial Districts Second reading scheduled for December 15, 2009.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Absent: Bates.

Information Reports

18. Settlement of Potential Litigation Concerning 3095 Telegraph (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Moved to Action Calendar.  5 speakers.  M/S/C (Moore/Worthington) to add the Council vote from the November 9, 2009 closed session action.  Closed session to be held December 15, 2009 at 6:15 p.m.
Vote:  Ayes Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak.  Absent: Bates.

19. Audit: Response Times to Calls for EMS Could Be Improved (PDF)
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
Action:  Received and filed.

20. Unrepresented Temporary Employee (PDF) 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0 speakers.

Adjournment: 10:07 p.m.

Communications

Item 17: West Berkeley Project Zoning Ordinance Amendments
1.  John Norheim – Referred to City Manager by Councilmember Moore.
2.  Cian Dawson – Referred to City Manager by Councilmember Moore.

Traffic Accident
3.  Gar Smith – Referred to City Manager by Councilmember Maio.

Contract Issues
4.  Arin Weitzman

Traffic Calming
5.  Robert Hink

Sunshine Ordinance
6.  Dean Metzger – Referred to City Manager by Councilmember Capitelli.  Staff to return to Agenda Committee regarding timing for January 26, 2010 worksession.

Military Discrimination
7.  Stolenbyfairies@***.com

CupKates Bakery
8.  JohnJoe OReilly – Referred to City Manager by Councilmember Worthington.

Downtown Area Plan
9.  Hank Resnik

UC Berkeley Protests
10.  Neil Signo
11.  Dennis Evangelista

Banning Declawing
12.  Jenna Riedi

Supplemental Communications and Reports 1

Item 1: Amendments to Community Noise Ordinance: BMC Chapter 13.40
13.  Justin Cannon
14.  Ann Slaby

Item 7: Safety Members' Pension Fund Annual Reports for FY 2009
15.  Barbara Gilbert
16.  Victoria Peirotes

Item 12: LPC Appeal: 1007 University Avenue
17.  Susan Cerny

Item 15: Contract:  Ecology Center for Residential Curbside Recycling Services
18.  Ann Chandler and Sara MacKusick, on behalf of Community Conservation Centers, Inc.

Item 16: Oppose Stupak-Pitts Amendment to HR 3962

  • Supplemental material, submitted by Kriss Worthington, District 7 (see agenda item)

 Supplemental Communications and Reports 2

Item 1: Amendments to Community Noise Ordinance: BMC Chapter 13.40 
19.  Jesse Arreguin, District 4
20.   Unknown

Item 12: LPC Appeal: 1007 University Avenue
21.  David Trachtenberg (Over-sized color photocopies available for viewing in City Clerk Office)
22.  Unknown

Bevatron
23.  Unknown