Regular Meeting eAgenda
July 14
, 2009

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Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, July 14, 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

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, 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 second reading of Ordinance No. 7,104-N.S. to repeal and reenact Chapter 17.12 of the Berkeley Municipal Code regulating flood zone development, to comply with current National Flood Insurance Program requirements. 
Financial Implications: See report.
First Reading Vote:  All Ayes
Contact: Claudette Ford, Public Works, 981-6300
 
From: Planning Commission
Recommendation: Adopt second reading of Ordinance No. 7,105-N.S with amendments to Berkeley Municipal Code Sections 23E.68.030, 23E.68.040, and 23E.16.040 that would help reduce the cost and time required to change or establish revenue-generating uses in the Downtown. 
First Reading Vote:  Ayes - Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Wozniak, Mayor Bates; Noes - Worthington
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400
 
3. **Removed from Agenda per City Manager**Minutes for Approval
 
From: City Manager
Recommendation: Adopt a Resolution approving a revised Citywide Records Retention Schedule in compliance with the City's Records Management Program, and rescinding Resolution No. 62,128–N.S.
Financial Implications: See report.
Contact: Deanna Despain, City Clerk Department, 981-6900
 
From: City Manager
Recommendation: Adopt 3 Resolutions authorizing the City Manager to:
1.         Accept one-time FY 2009 federal earmark funds from the Small Business Administration in the amount of $147,386 to implement the East Bay Green Jobs Pilot Project of the East Bay Green Corridor Partnership for the period September 1, 2009 to August 30, 2010; to execute the resultant expenditure agreements, sole-source contracts and any amendments and extensions with a. East Bay Economic Development Alliance, b) Rising Sun Energy Center, c) Oakland Green Jobs Corps, and d) Richmond Build; and
2.         Accept one-time FY 2009 federal earmark funds from the Federal Emergency Management Agency (FEMA) in the amount of $750,000 ($250,000 match requirement) to be used to fund seismic hazard mitigation activities at the Veterans Memorial Building and submit an application to the funding Federal agency.
3.         Accept one-time FY 2009 federal earmark funds from the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) in the amount of $95,000 to fund the BE A STAR Program and submit an application to the funding Federal agency. 
Financial Implications: 
Contact: Lisa Caronna, Deputy City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7187 with the City of Inglewood for parking citation administration services to extend the term for a two-year period of November 1, 2009 through October 31, 2011.
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance (The Alliance) to provide administrative support and project services for a partnership endeavor with the Berkeley Unified School District (BUSD) and UC Berkeley not to exceed $61,800 for the period July 1, 2009 to June 30, 2010.
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $244,962 for fitness center memberships for City employees for the period July 1, 2009 through June 30, 2010.
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
 
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 - $7,048,353
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution establishing the maximum income level for 1-2 person households in order to qualify for the Very Low Income (VLI) exemption from specified local taxes and fees, Animal Licensing fee waiver, and Community Service eligibility at $35,700 effective July 1, 2009; and rescinding Resolution No. 64,091–N.S.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution to authorize the City Manager to:  1) execute and implement a Side Letter of Agreement with the Berkeley Fire Fighters Association /I.A.F.F. Local 1227 to modify Section 10.1.5 of the Memorandum Agreement to reduce the June 28, 2009 cost of living adjustment from three percent (3%) to two percent (2%), 2) provide a cost of living adjustment of one and one-third percent (1.33%) on December 27, 2009, and 3) amend Resolution No. 63,858-N.S. (Classification and Salary Resolution for the Berkeley Fire Fighters Association) to change the salary ranges to reflect the modifications set forth in the Side Letter of Agreement.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6500
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7747 with The Active Network for an additional amount of $86,500 for a total contract amount not to exceed $120,000 for the term of July 15, 2009 through July 14, 2010.
Financial Implications: See report
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. 7650 with the Delta Charter Service, Inc. for bus transportation for Echo Lake and Teen Youth Camp participants to increase the amount by $37,425 for a total not-to-exceed amount of $74,850 for the period ending June 30, 2010.
Financial Implications: Playground Camp Fund - $74,850
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant of $25,000 from the California Department of Fish and Game Office of Spill Prevention and Response (OSPR) to purchase emergency oil spill response equipment and rescinding Resolution No. 64,362–N.S.
Financial Implications: Marina Operations/Maintenance Fund - $25,000 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution approving a waiver of the Living Wage Ordinance requirements to the East Bay Regional Park District in order to execute the Gilman wetland mitigation funding agreement.
Financial Implications: None.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant and execute an agreement and any amendments for the Climate Action Indicators project, an effort to enhance the City’s ability to monitor and report on implementation of the Climate Action Plan (CAP), from the U.S. Environmental Protection Agency (EPA) in the amount of approximately $87,000 for the approximate period from January 1, 2010 through June 30, 2011.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit grant proposals and execute agreements for the solar projects from the US Department of Energy in the amount of approximately $274,000 for the approximate period from September 1, 2009 through August 30, 2011.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt 3 Resolutions authorizing the City Manager to
1)     Execute a contract and any amendments with AC Transit to provide the City for up to $60,000 for staff time and materials to be spent, and reimburse $74,000 for previous City consultant expenses spent developing a Locally Preferred Alternative (LPA) for the East Bay Bus Rapid Transit (BRT) project; and
2)     Amend the Not To Exceed amount by $33,000 of Contract No. 7858 with Fehr & Peers for a new not to exceed of $58,000, and
3)     Amend the Not To Exceed amount of Contract No. 7757A with Nelson/Nygaard by $41,000 for a new Not To Exceed of $91,000 to allow the AC Transit funds to replenish the contracts for costs incurred.
Financial Implications: Revenue - $134,000
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt Resolution authorizing the City Manager to donate police vehicular equipment to the Berkeley Boosters Association.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Blackshear Construction, a Design-Build entity, to provide design and construction services for the Fire Department Warehouse at 1011 Folger Avenue, in the amount of $1,000,000, for all services and reimbursable expenses.
Financial Implications: Measure Q Fund - $1,000,000
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to:
1.      Negotiate and execute an agreement and amendments with the Marin Rod and Gun Club (MRGC) to partner in the Habitat Restoration for Salmonids Study Project (Project) on subtidal bay shallows adjacent to Cesar E. Chavez Park), and
2.       Prepare, execute, and submit a Joint Aquatic Resources Permit Application (JARPA) as a co-applicant with the MRGC, to appropriate regulatory agencies (Army Corps of Engineers, SF Bay Regional Water Quality Control Board, California Department of Fish and Game, Bay Conservation and Development Commission and others.) for the Project.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6822 with Balance Hydrologics, Inc. (Balance Inc.) to provide watershed modeling and technical support services for the development of the Watershed Management Plan (WMP), increasing the current $100,000 contract to $250,000, and extending the contract period to December 31, 2010.
Financial Implications: Clean Stormwater Fund  - $150,000
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the installation of a full traffic barrier on Berkeley Way, west of Martin Luther King, Jr. Way, to be designed, constructed, and fully funded by Hudson McDonald Developers.
Financial Implications: No City Funds.
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute two (2) agreements with BART: 1) Right of Entry (ROE) Agreement to allow BART to enter City property to perform seismic retrofit work and restore the Ohlone Greenway Pathway, which includes City provision of $36,000 as a cost-share for city-requested "betterments"; and 2) License Agreement which governs the ongoing maintenance activities of the City and BART in the project area.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to approve during Council recess projects and contracts for University Avenue Sewer Rehabilitation Phase 2, and three phases of the University Avenue Reconstruction Project:  1) San Pablo to Sacramento; 2) Sacramento Street to McGee Avenue; and 3) 4th Street to 6th Street.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution 1) approving plans and specifications for the Street Rehabilitation FY 2009 Project, REBID-09-10380-C; 2) accepting the bid of Gallagher & Burk, 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 plans and specifications, in an amount not to exceed $1,752,739.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7814, a three-unit commercial and four-unit residential condominium located at 2831 Seventh Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution 1) approving plans and specifications for the Roadway Thermoplastic Markings Project, 09-10396-C; 2) accepting the bid of Lineation Markings Corporation; and 3) authorizing the City Manager to execute a contract and any amendments with Lineation Markings Corporation in an amount not to exceed $750,000 to provide and install thermoplastic roadway markings for a period of three years.
Financial Implications: Traffic Congestion Relief Fund (Prop 42) - $250,000
Contact: Claudette Ford, Public Works, 981-6300
 
Council Consent Items
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting a constitutional amendment to implement an equitable split-roll property tax and urging Berkeley’s representatives in the California Senate and Assembly to continue to work to modify the definition of a “change of ownership” for commercial property.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Refer to the City Manager the naming of the Eastshore Pedestrian Overcrossing ("I-80 bridge") in honor of former Councilmember Dona Spring.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Worthington
Recommendation: That the City Council urge the Senate to pass a Resolution to reject the use of violence against women's health care providers.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: That the City of Berkeley sponsor the 8th Annual Peace Lantern Ceremony held in Aquatic Park on Saturday, August 8, 2009, and sponsor the annual event in future years.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington, Arreguin, and Anderson
Recommendation: That the Berkeley City Council send a letter to the United States Parole Commission encouraging them to grant Leonard Peltier parole at his July 28, 2009 hearing.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Wozniak and Moore
Recommendation: Ask the City Manager to look into the feasibility of:  A) Reducing the parking violation 28 day and 47 day late payment penalties from the current rates +$30 and +$50 to +$20 and +$20, respectively. B) Extending the payment period from 21 days to 28 days C) Extending the date of the second violation fine increase from current 47 days to 60 days. It is requested that the City Manager analyze the potential fiscal impacts of the proposed change in late payment violations and report back to the council by October 2009.
Financial Implications: Unknown
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
 
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

Staff shall introduce the public hearing item and present their comments.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution increasing rates and fees at the Transfer Station; and rescinding sections 21-23 of Resolution No. 63,355–N.S. and Resolution No. 64,078–N.S., effective August 1, 2009.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt two Resolutions: 1) Confirming the Annual Report of the North Shattuck Business Improvement District (NSBID) for Fiscal Year 2009 and levying assessments in the District for Fiscal year 2010 and upon approval 2)Authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan and approve the Work Plan for the NSBID.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, if no majority protests exists, adopt a Resolution confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2009 and levying assessments in the District for FY 2010.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: Elmwood Advisory Board
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt a Resolution to confirm the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2009 and levy assessments in the Area for FY 2010.
Financial Implications: See report
Contact: Dave Fogarty, Commission Secretary, 981-7000
 
Action Calendar – Old Business
 
From: City Manager
Recommendation: 
1. Adopt Resolution certifying EIR and making required CEQA findings;
2. Adopt Resolution amending General Plan for consistency with Downtown Area Plan;
3. Adopt Resolution approving the Downtown Area Plan.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Chapter 9.32 of the Berkeley Municipal Code (BMC).
Financial Implications: None
Contact: Zach Cowan, City Attorney's Office, 981-6950
 
From: Councilmembers Capitelli, Wengraf and Anderson
Recommendation: Referral to the City Manager:
1.   Propose a revision to BMC 16.18 that would streamline and simplify the granting of encroachment permits for residential properties under certain circumstances, excluding the city right of ways designated as pathways;
2.   Make enforcement of minor encroachments into the public right of way a low enforcement priority for City staff, with the exception of safety hazards, such as but not limited to sight-line impairments and ADA accessibility until new regulations are developed for approval of encroachment permits (as discussed in this item) and
3.   Insure that the Public Works Commission and any other appropriate commissions review any such regulations.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
Action Calendar – New Business
 
42.  Street Repair Policy Update and Permeable Paver Trial Project
Recommendation: Adopt a Resolution accepting 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 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: 
Contact: Jeff Egeberg, Commission Secretary, 981-6300
 
b. From: City Manager (PDF) 
Recommendation: Select one of the following options:
1.   Accept the recommendation from the Public Works Commission to
a)   Update the City’s Street Repair Policy, including the Five-Year Street Paving Plan for FY 2010 to FY 2014; and
b)   Allocate up to 15% of the FY 2010 adopted street paving budget for a trial installation of permeable paving materials on City street projects; or
2.      Accept the recommendation from the Public Works Commission to
a)      Update the City’s Street Repair Policy, including the Five-Year Street Paving Plan for FY 2010 to FY 2014, and
b)      Direct staff to:
i.    Delay any trial installation of permeable paving materials until after completion of projects currently programmed for FY 2010; and
ii.   Return in a year with an analysis of funding alternatives and appropriate projects for alternative paving materials and a recommendation for a feasible percentage of capital funds to be allocated for permeable paving projects.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
Action Calendar – Council Items
 
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
 
        Revised materials (PDF) 
From: Councilmembers Arreguin and Anderson
Recommendation: Request that the Lawrence Berkeley National Laboratory (LBNL):
1.   Provide information on the schedule for hauling material from the demolition of the Bevatron including the number of days out of the week and the hours of the day that material will be transported, as well as a map of the proposed hauling routes.
2.   Consider rerouting trucks so as to minimize impacts on residents and businesses as much as possible.
3.   Consider requiring trucks to transport material late at night or during the early morning so as to minimize disruption to residents and businesses.
4.   Request that LBNL consider compensating the City of Berkeley for the impacts that the 4,700 truck trips will have on our streets.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
Information Reports
 
45.**Moved to City Manager Comments – Oral Report** State Budget Update
 
From: City Manager
Contact: Lisa Caronna, Deputy City Manager, 981-7000
 
From: City Manager
Contact: Tracy Vesely, Budget Manager, 981-7000
 
48.**Removed from Agenda per City Manager**Customer Service Cash Receipts/Cash Handling Audit
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
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 an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 July 9, 2009. 

Deanna Despain, City Clerk


Communications (PDF) 

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.

Item 44:  Transportation of Demolition Debris from Bevatron at Lawrence Berkeley National Laboratory
1.  Pamela Sihvola

Item 49:  LPC-NOD: 2525 Telegraph Avenue
2.  Rena Rickles

Seismic Programs
3.  L. Thomas Tobin

Wireless Technologies
4.  Joan Levinson