Regular Meeting Annotated Agenda
December 15
, 2009

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 15, 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: 7:03 p.m.  Absent: Councilmember Anderson and Mayor Bates. 

Ceremonial Matters: 

  1. Charles Hamilton
  2. Fred Medrano
  3. Loc Bao

City Manager Comments: 

  1. Fire Department will be accepting Toys for Tots until December 25th.
  2. Volunteers needed to assemble baskets for food drive on Saturday, December 18th.

Public Comment on Non-Agenda Matters: 2 speakers. 

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

Consent Calendar

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

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
First Reading Vote:  Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Absent–Bates
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted second reading of Ordinance No. 7,122–N.S.  Absent: Bates and Anderson.

2. Amendment: FY 2010 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,123 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
First Reading Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Absent–Bates
Contact: Tracy Vesely, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,123–N.S.  Absent: Bates and Anderson.

3. 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 second reading of Ordinance No. 7,124 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
First Reading Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Absent–Bates
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,124–N.S.  Absent: Bates and Anderson.

4. West Berkeley Project Zoning Ordinance Amendments (PDF)
From: Planning Commission
Recommendation:  Adopt second reading of Ordinance No. 7,125 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
First Reading Vote Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Absent–Bates
Contact: Jordan Harrison, Commission Secretary, 981-7100
Action: Adopted second reading of Ordinance No. 7,125–N.S.  Absent: Bates and Anderson.

5. Annual Commission Attendance and Meeting Frequency Report (PDF)
From City Manager
Recommendation: Adopt a Resolution approving a revised commission meeting frequency schedule to move the Commission on Early Childhood Education from meeting frequency Category B to Category D, and accept the annual attendance report.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No. 64,715–N.S.  Absent: Bates and Anderson.

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: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

7. Contract No. 6547 Amendment: City-Wide Bank Services - Wells Fargo Bank (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6547 with Wells Fargo Bank to provide a comprehensive range of financial services to the City for the period of December 1, 2009 through October 30, 2012, and increasing the contract by $650,000, for a total not to exceed $1,200,000.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,716–N.S.  Absent: Bates and Anderson.

8. Grant: HIV Testing and Prevention Program (  PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the Alameda County Office of AIDS Administration in the amount of $75,000 to implement HIV testing and prevention services for the period November 1, 2009 to June 30, 2010; to execute the resultant revenue agreements, contracts and any amendments and extensions; and authorizing the implementation of the projects and appropriation of funding for related expenses.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,717–N.S.  Absent: Bates and Anderson.

9. Grant: Behavioral, Emotional, Assessment, Screening, Treatment and Referral (BE A STAR) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from the Substance Abuse and Mental Health Services Administration (SAMHSA)  in the amount of $95,000 to implement the Behavioral, Emotional, Assessment, Screening, Treatment and Referral (BE A STAR) Program for the period September 30, 2009 to September 29, 2010; to execute the resultant revenue agreements, contracts and any amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,718–N.S.  Absent: Bates and Anderson.

10. Ed Roberts Campus - Declare the Ashby BART Station Area as a Special Economic Zone to Support ERC’s New Markets Tax Credit Application (PDF)
From: City Manager
Recommendation: Adopt a Resolution declaring the area bounded by Adeline Street to the west, Tremont to the east, Essex on the north and Woolsey on the south, known as the Ashby BART Station Area – Eastern Portion, as a special economic zone to provide documentary support for the New Markets Tax Credits application for the Ed Roberts Campus project.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,719–N.S.  Absent: Bates and Anderson.

11. Grant: California Department of Boating and Waterways Clean Vessel Act Grant (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to: submit a grant application for $45,000 to the State of California Department of Boating and Waterways for a Clean Vessel Act Grant to install a marine pump-out station for B&C docks at the Berkeley Marina; accept the grant; execute a grant agreement and any amendments and 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. 64,720–N.S.  Absent: Bates and Anderson.

12. Contracts: Cotton, Shires and Associates, Inc. and Treadwell & Rollo for Geotechnical Services (PDF)
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to approve contracts and any amendments with

1.   Cotton, Shires and Associates, Inc. for geotechnical services in a total amount not to exceed $100,000 each for the period January 1, 2010 through December 31, 2012.

2.   Treadwell & Rollo for geotechnical services in a total amount not to exceed $100,000 each for the period January 1, 2010 through December 31, 2012.

Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,721–N.S. and Resolution No. 64,722–N.S.  Absent: Bates and Anderson.

13. Contract No. 6856D Amendment: Community Conservation Centers (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6856D with Community Conservation Centers (CCC) adding a new direct relationship between the City and CCC for the processing and marketing of the City's residential, curbside recyclables, increasing the contract amount by $240,000 for a new total amount not to exceed $2,964,000.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,723–N.S.  Absent: Bates and Anderson.

14. Audit - Mental Health Adult Clinic Surprise Cash Count: Client Funds Could Be Lost, Stolen, or Misused (PDF)
From: Auditor
Recommendation: Request the City Manager to report back during or before June 2010 on the implementation status of each of the City Auditor's recommendations in the attached report. Report back no later than every six months, thereafter, until all recommendations have been fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation.

15. Audit: Improved Workflow Systems Will Help Ensure Property Taxes are Adjusted for New Construction (PDF)
From: Auditor
Recommendation: Request the City Manager to report back during or before June 2010 on the implementation status of each of the City Auditor's recommendations in the attached report. Report back no later than every six months, thereafter, until all recommendations have been fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation.

16. Grant: Open Circle Foundation $100,000 - City of Berkeley Public Art Program (PDF)
From: Civic Arts Commission
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the team of Jennifer Reed and John Madden to build the site specific environmental sculptural artwork public art project at the Berkeley Marina for the period of December 22, 2009 to September 30, 2010 in an amount not to exceed $103,000.
Financial Implications: See report
Contact: Mary-Ann Merker, Commission Secretary, 981-7530
Action:  Adopted Resolution No. 64,724–N.S.  Absent: Bates and Anderson.

17. Universal and Unconditional Amnesty for Iraq, Afghanistan and Pakistan War Military Resisters and Veterans (PDF)
From: Peace and Justice Commission
Recommendation: At its meeting on November 2, 2009, the Peace and Justice Commission unanimously approved the following recommendation: Adopt a Resolution requiring the City of Berkeley to call for and support universal and unconditional amnesty for Iraq, Afghanistan and Pakistan war military resisters and veterans.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
Action:  M/S/C (Moore/Wengraf) to continue to January 19, 2010.
Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak.  Noes: Arreguin and Worthington. Absent: Anderson and Bates.

18. International Migrants Day - December 18th (PDF)
From: Peace and Justice Commission
Recommendation: At its regularly scheduled meeting on November 2, 2009, the Peace and Justice Commission unanimously adopted the following recommendation:   That the City Council adopt a Resolution declaring December 18th as International Migrants Day and that it urge the United States to ratify the 1990 International Convention for the Protection of the Rights of Migrant Workers and Members of Their Families.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
Action:  Adopted Resolution No. 64,725–N.S.  Absent: Bates and Anderson.

19. Board of Library Trustees Appointment: Abigail Franklin (PDF)
From: Board of Library Trustees
Recommendation: Adopt a Resolution appointing Abigail Franklin to the Board of Library Trustees ("BOLT") for a term of four years beginning January 2, 2010.
Financial Implications: None
Contact: Donna Corbeil, Commission Secretary, 981-5400
Action:  Adopted Resolution No. 64,726–N.S.  Absent: Bates and Anderson.

Council Consent Items

20. Short-Term Strategy to Improve and Support Retail Sales Activity on Commercial Corridors: Enable Sidewalk Merchandise Display, with Guidelines and Process (PDF)
From: Mayor Bates
Recommendation: Direct the City Manager to return to Council in March 2010 with an expedited process in place to allow Sidewalk Merchandise Display in retail areas similar to a process the City and County of San Francisco already has in place for its retail sectors.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendation revised to read as follows: Direct the City Manager to return to Council in March 2010 with an expedited process proposal to allow Sidewalk Merchandise Display in retail areas similar to a process the City and County of San Francisco already has in place for its retail sectors.

21. Request to City Manager: Report on City of Berkeley’s Involvement in SB 113 (Local Government Omnibus Act of 2009) (PDF)
From: Councilmember Arreguin
Recommendation: Request that the City Manager provide a report to the City Council on the City of Berkeley’s involvement in the development of SB 113. This report should be provided to the Council as soon as possible.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember District 4, 981-7140
Action:  M/S/C (Moore/Wengraf) to continue to January 19, 2010.
Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak.  Noes: Arreguin and Worthington. Absent: Anderson and Bates.

22. Endorse Concept of Comprehensive Homeless Service Center: Berkeley HOPE (PDF)
From: Councilmembers Worthington, Maio and Arreguin
Recommendation: Endorse the CONCEPT of a comprehensive specially designed service center unifying the multiple services provided by an interagency coordination of Berkeley Food and Housing Project, Rubicon Services, Lifelong Medical, and Options Recovery.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

23. Referral to City Manager: Creation of a Response to Campus Area Assaults, and Participation in the Non-violent Neighborhood Summit (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager creation of a short term strategic action plan to respond to assaults in the campus area, and providing official City participation in the Non-violent Neighborhood Summit.
Financial Implications: Staff time
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

24. Referral to City Manager: Making On-Line City Council Broadcasts More Widely Accessible on Computer and Portable Devices (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager software development for making on-line City Council broadcasts more widely accessible on computer and portable devices.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation revised to include Zoning Adjustment Board broadcasts.

25. Referral to City Manager: Public Ceremony for Police Promotions (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager the consideration of creation of Berkeley Police Department public ceremonies for police promotions.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

26. Relinquishment of Council Office Budget Funds to General Fund to Purchase Recycling Bins in Support of Cal Greek Fraternity Recycling Initiative (PDF)
From: Councilmember Wozniak
Recommendation: Adopt a Resolution approving the expenditure of $2,500 from Councilmember Wozniak’s Discretionary Office Budget to the City’s General Fund to Purchase Recycling Bins in Support of the Cal Greek Fraternity Recycling Initiative.
Financial Implications: No General Fund impact; $2,500 is available from Councilmember Wozniak’s Office Budget discretionary account.
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action: Adopted Resolution No. 64,727–N.S.  Absent: Bates and Anderson.

Action Calendar – Public Hearing

27. CaliforniaFIRST Statewide Property Assessed Clean Energy Program (PDF)
From: City Manager
Recommendation: Conduct a public hearing to enable the public to provide testimony regarding the CaliforniaFIRST program and the proposed Council action.  Upon close of the public hearing, adopt two Resolutions:

  1. Authorizing Sacramento County to apply for funds on the City's behalf to cover expenses associated with participation in the CaliforniaFIRST Program and, pending the award, authorizing the City manager to execute any agreements and amendments for City participation in the program;
  2. Authorizing the City of Berkeley to join the CaliforniaFIRST program, authorizing the California Statewide Communities Development Authority (California Communities) to accept applications from Berkeley property owners, conduct contractual assessment proceedings, and levy contractual assessments within the territory of the City of Berkeley and authorizing related actions.

Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Wengraf/Worthington) to close the public hearing.

Action: M/S/C (Worthington/Moore) to adopt the following:

  1. Resolution No. 64,728–N.S. authorizing Sacramento County to apply for funds on the City’s behalf to cover expenses associated with participation in the California FIRST Program and, pending the award, authorizing the City manager to execute any agreements and amendments for City participation in the program.
  2. Resolution No. 64,729–N.S. authorizing the City of Berkeley to join the California FIRST program, authorizing the California Statewide Communities Development Authority (California Communities) to accept applications from Berkeley property owners, conduct contractual assessment proceedings, and levy contractual assessments within the territory of the City of Berkeley and authorizing related actions.

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

28. Appeal of Proposed Special Assessment Lien for Administrative Costs- 2507-2509 McGee Avenue and 1700 Dwight Way (PDF) 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution rejecting the property owner's objection to the notice of proposed lien for payment of administrative costs pursuant to Berkeley Municipal Code Section 1.24.160, and allowing the lien to be recorded as written and approved by the City Manager.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

Public Testimony: The Mayor opened the public hearing. 13 speakers.  M/S/C (Wozniak/Moore) to close the public hearing.

Action: M/S/C (Wozniak/Capitelli) to:

1.    Adopt Resolution No. 64,730–N.S. rejecting the property owner's objection to the notice of proposed lien for payment of administrative costs pursuant to Berkeley Municipal Code Section 1.24.160, and allowing the lien to be recorded as written and approved by the City Manager.

2.    Adopt Resolution No. 64,731–N.S. rejecting the property owner's objection to the notice of proposed lien for payment of nuisance abatement costs pursuant to Berkeley Municipal Code Section 1.24.160, and allowing the lien to be recorded as written and approved by the City Manager.

3.    In the event that Dr. Ghosh obtains a Certificate of Occupancy and/or Finalled Building Permit for 2507- 2509 McGee Avenue by September 1, 2010, one half of the combined total of the two liens ($3973.14) shall be waived.

4.    In the event that Dr. Ghosh obtains a Certificate of Occupancy and/or Finalled Building Permit for 1700 Dwight Way by September 1, 2011, one half of the combined total of the two liens ($3973.14) shall be waived.

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

29. Appeal of Proposed Special Assessment Lien for Nuisance Abatement Costs - 2507-2509 McGee Avenue and 1700 Dwight Way (PDF)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution rejecting the property owner's objection to the notice of proposed lien for payment of nuisance abatement costs pursuant to Berkeley Municipal Code Section 1.24.160, and allowing the lien to be recorded as written and approved by the City Manager.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Combined with Item 28.

Action Calendar – Old Business

30. Settlement of Potential Litigation Concerning 3095 Telegraph (Continued from December 8, 2009) (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Received and filed.

Action Calendar – New Business

31. Possible Ballot Measure for June 2010 Election - City Pools (PDF)
From: City Manager
Recommendation: Provide direction to staff concerning possible pools ballot measure for the June 2010 election including review of pools construction and operational costs; direction on preferred pools funding mechanism (Mello-Roos Community Facilities District (CFD) or a General Obligation Bond); and input for a community survey.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: M/S/C (Worthington/Moore) to direct staff to commence proceedings for a Mello-Roos Community Facilities District (CFD) with a Construction ceiling of $30 Million and a operational ceiling of $1 Million. 7 speakers.

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

Recess: 9:33 p.m. – 9:45 p.m.

32. Speed Cushions Evaluation and Vertical Pavement Deflection Trials (PDF)
From: City Manager
Recommendation: Direct the City Manager to authorize Public Works Transportation staff to:

1.   Pursue pilot tests including before and after studies at up to three new locations of new vertical deflection traffic calming devices to reduce the impact on emergency response vehicles and individuals with physically sensitivities, while providing effective neighborhood traffic calming.

a.   Select locations and devices through regular traffic calming process with input from Fire Department and the Disability Services Specialist.

b.   Accelerate implementation schedule for selected pilot locations to achieve installation between July and December 2010.

2.   Remove the two existing speed cushion pilot projects and replace them with devices similar to other new pilot projects due to concerns relating to emergency response vehicles and individuals with physical sensitivities.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action: M/S/C (Worthington/Moore) to approve the City Manager’s revised recommendation to:

1.   Pursue pilot tests including before and after studies at up to eight new locations (within budget constraints) of new vertical deflection traffic calming devices to reduce the impact on emergency response vehicles and individuals with physically sensitivities, while providing effective neighborhood traffic calming.

a.   Select locations and devices through regular traffic calming process with input from Fire Department and the Disability Services Specialist.

b.   Accelerate implementation schedule for selected pilot locations to achieve installation between July and December 2010.

2.   Remove the two existing speed cushion pilot projects and replace them with devices similar to other new pilot projects due to concerns relating to emergency response vehicles and individuals with physical sensitivities. 

3    Conduct a Permeable Paver trial (subject to outside funding).

12 speakers.

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

33. Traffic Calming Policy and Procedures (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Establish a revised Traffic Calming Policy to:

a.         Establish an annual cycle starting January 2010 with timelines and procedures for submitting, qualifying and processing all traffic calming requests received on or before December 31st of the prior year

b.         Conduct data collection and traffic calming studies for requests with a validated problem and that meet specified criteria

c.         Generate and update every December a prioritized list of traffic calming CIP projects;

d.         Allocate available funds for implementation of projects according to their priority.

2.   Rescind Resolution No. 63,508-N.S.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action: Combined with Item 32.  M/S/C (Worthington/Moore) to adopt the following:

1.   Resolution No. 64,732–N.S. establishing a revised Traffic Calming Policy to:

a.         Establish an annual cycle starting January 2010 with timelines and procedures for submitting, qualifying and processing all traffic calming requests received on or before December 31st of the prior year

b.         Conduct data collection and traffic calming studies for requests with a validated problem and that meet specified criteria

c.         Generate and update every December a prioritized list of traffic calming CIP projects;

d.         Allocate available funds for implementation of projects according to their priority.

2.   Rescind Resolution No. 63,508-N.S. 

34. Street Repair Policy Update and Permeable Paver Trial Project (PDF)
From: Public Works Commission
Recommendation: Adopt a Resolution regarding the update of the City's Street Repair Policy, including the Five-Year Street Paving Plan for FY 2010-2014. Approve the allocation of up to 15% discretionary funding, if needed after opportunities for grants and other outside fund sources are explored, in FY 2010 for a trial installation of permeable paving materials that help attain the goals of the "Climate Action Plan" by addressing multiple demands on City's street and sidewalk infrastructure that are environmentally sustainable, economically efficient, and effective in the long term.
Financial Implications: See report
Contact: Jeff Egeberg, Commission Secretary, 981-6300
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,733–N.S. regarding the update of the City's Street Repair Policy, including the Five-Year Street Paving Plan for FY 2010-2014. Approve the allocation of up to 15% discretionary funding, if needed after opportunities for grants and other outside fund sources are explored, in FY 2010 for a trial installation of permeable paving materials that help attain the goals of the "Climate Action Plan" by addressing multiple demands on City's street and sidewalk infrastructure that are environmentally sustainable, economically efficient, and effective in the long term. 

35.   Enforcement and Revision of Tenant Notification Provisions of Soft Story Ordinance
a. From: Disaster and Fire Safety Commission (PDF)
Recommendation: To address the need to adequately inform tenants and prospective tenants in soft story buildings of the risks of living in such buildings, the Commission recommends that:

1.   The City Council direct the City Manager to instruct all applicable city departments and agencies to check for warning signage at properties remaining on the soft story inventory, and direct that violation letters be sent to owners that have no signage.

2.   The City Council direct the City Manager to consider providing or charging for warning signs (possibly made by the Berkeley sign department) for buildings that remain on inventory and that do not have adequate signage.

3.   The City Council refer to the City Manager preparation of an amendment to BMC19.39.060 to require building owners, and/or their marketing agents, to provide notice of soft story earthquake risk to all prospective tenants in all their marketing material (e.g., flyers, web postings, advertisements, etc.); and to require that each building owner get new and renewing tenants to sign disclosure forms acknowledging that they have read the soft story earthquake warning risk statement prior to signing their leases.

4.   The City Council refer to the City Manager preparation of an amendment to BMC section 19.39.060 to provide for escalation of penalties for non-compliance of signage requirements, and tenant/prospective tenant disclosure requirements.

Financial Implications: See report
Contact: Sabina Imrie, Commission Secretary, 981-5502

b. From: City Manager (PDF)
Recommendation:
Refer the Disaster and Fire Safety Commission recommendations to the City Manager for response on February 23, 2010.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Continued to January 19, 2010

M/S/C (Wengraf/Capitelli) to extend meeting to 11:15 p.m.

M/S/C (Capitelli/Wengraf) to extend meeting to 11:20 p.m.

Action Calendar – Council Items

36. Supporting SCA 21, Granting Legislative Authority Over UC Policy (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Senate Constitutional Amendment (SCA) 21, authored by State Senators Leland Yee and Roy Ashburn, to amend the state constitution to remove the autonomy of the UC Regents from legislative authority helping bring greater transparency and accountability to the UC system.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: 14 speakers M/S/C (Arreguin/Moore) to continue to January 19, 2010.
Vote: Ayes: Maio, Moore Arreguin, Capitelli, Wengraf, Worthington.  Noes: Wozniak.  Absent: Anderson and Bates.

Information Reports

37. Settlement of Litigation Concerning Berkeley Iceland (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6500
Action:  Received and filed.

38. Interim Report on Homeless System Change Initiative (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.

39. Status Update: Implementation of Citywide Payroll Audit Recommendations (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 2 speakers.

Adjournment: 11:20 p.m.

Communications (PDF)

Item 33: Traffic Calming Policy and Procedures
1.    Ernest Callenbach
2.    Ilse Hadda

Helium Balloon Ban
3.    Maxfield Weiss, on behalf of the Center for Biological Diversity

Supplemental Communications and Reports 1 (PDF)

Item 17: Universal and Unconditional Amnesty for Iraq, Afghanistan and Pakistan War Military Resisters and Veterans
4.    Gordon Wozniak, District 8

Item 21: Request to City Manager: Report on City of Berkeley’s Involvement in SB 113 (Local Government Omnibus Act of 2009)
5.    Doreen Moreno

Item 31: Possible Ballot Measure for June 2010 Election - City Pools
6.    Shelley Hayden, on behalf of the Berkeley Pools Campaign
7.    Gordon Wozniak, District 8

Item 32: Speed Cushions Evaluation and Vertical Pavement Deflection Trials
8.    Gordon Wozniak, District 8

Item 33: Traffic Calming Policy and Procedures
9.    David & Miriam Wilson
10. Gordon Wozniak, District 8
11. Andrea Banuelos
12. Joshua Barousse
13. Javier Gonzalez
14. Beverly Doane
15. Nancy Carleton
16. Judith Epstein
17. Gabriel Gordon-Harper
18. Shirley Dean
19. Alan Schoenfeld
20. Kim Voss
21. Darcy Grigsby
22. Martha Nicoloff

Supplemental Communications and Reports 2 (PDF)

Item 1: Amendments to Community Noise Ordinance: BMC Chapter 13.40
23. Ann Slaby

Item 21: Request to City Manager: Report on City of Berkeley’s Involvement in SB 113 (Local Governmnet Omnibus Act of 2009)
24. Stand Up For Berkeley!

Item 28 and 29: Appeal of Proposed Special Assessment Lien for (28 Administrative) and (29 Nuisance) Costs – 2507-2509 McGee Avenue and 1700 Dwight Way
25. Law Office Of Michael M. Sims

Item 31: Possible Ballot Measure for June 2010 Election – City Pools
26. Parks Recreation and Waterfront
27. City Manager

Item 32: Speed Cushions Evaluation and Vertical Pavement Deflection Trials
28. Spaulding-Simon Family
29. Commission on Disability

Item 33: Traffic Calming Policy and Procedures
30. Jerry and Pauline Cross

Item 35: Enforcement and Revision of Tenant Notification Provisions of Soft Story Ordinance
31. Jesse Townley

Item 36: Supporting SCA 21, Granting Legislative Authority Over UC Policy
32. Juliet Lamont
33. Stefano Dellavigna
34. Richard Calendar
35. Marc Rieffel
36. Henry E. Brady
37. Doreen S. Moreno
38. Carole Schemmerling