Regular Meeting eAgenda
September 22
, 2009

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Note: 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 22, 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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1.  Pledge of Allegiance to the Flag

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.

Recess Items

1.   Recess Item: Contract Amendment: Prescription Psychiatric Medications (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to authorize the execution of an amendment to Contract No. 6841 with United Pharmacy for the provision of prescription psychiatric medications to increase the amount by $75,000 for a total contract amount not to exceed $831,959 and extend the expiration date to June 30, 2010.
Financial Implications: See report
Contact: Fred Medrano, Health Services, 981-5100

2.   Recess Item: Homeless Prevention and Rapid Re-Housing (HPRP) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to submit a grant proposal in the amount of $900,000 to the State of California Department of Housing and Community Development (HCD) for Homelessness Prevention and Rapid Re-Housing (HPRP) funding.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

3.   Recess Item: Clean Energy Training Grant Matching Funds (PDF)
From: City Manager
Recommendation
: Adopt a Resolution ratifying the letter sent by the City Manager during recess to commit in-kind matching funds for the competitive grant “California Clean Energy Workforce Training Program” application submitted by the Richmond Workforce Investment Board.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

4.   Recess Item: Grant Application: Broadband Technology Opportunities Program (BTOP) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying action taken by the City Manager during Council recess to apply for a Broadband Technology Opportunities Program (BTOP) grant of $686,360, to upgrade and expand computer equipment, education, awareness, and training opportunities at three senior centers and three youth centers.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

5.  Recess Item: Formal Bid Solicitation: Gilman Street Playing Fields - Construction of Phase Two (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to authorize a formal bid solicitation for the construction of the Gilman Street Playing Fields - Phase Two.
Financial Implications: General Fund - $600,000; Parks Tax - $50,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

6.   Recess Item: Contract: Precision Engineering for Sanitary Sewer Rehabilitation/ Replacement Project from Grant Street to Shattuck Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the following actions taken by the City Manager during recess to 1) approve the plans and specifications for the Sanitary Sewer Project, 10-10461-C, located on University Avenue from Grant Street to Shattuck Avenue; 2) accept  the bid of Precision Engineering, Inc.; and 3) authorize the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specification, in an amount not to exceed $328,000 for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

7.   Recess Item: Contract No. 7895 Amendment: Precision Engineering for Sanitary Sewer Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager to execute an amendment to Contract No. 7895 with Precision Engineering for the Sanitary Sewer Project, increasing the amount by $220,000, for a total amount not to exceed $1,076,987.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

8.   Recess Item: Contract: Gallagher & Burk, Inc. for University Avenue Rehabilitation Project Phase 2 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to 1) approve the plans and specifications for the University Avenue Rehabilitation Project, 09-10402-C; 2) reject the bid of Interstate Paving and Grading; 3) accept the bid of Gallagher & Burk, Inc.; and 4) authorize the execution of 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 $2,100,660 for the period of 65 working days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

9.   Recess Item: Contract No. 7867 Amendment: Darcy and Harty Construction - University Ave Sewer Repairs (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager to execute an amendment to Contract No. 7867 with Darcy and Harty Construction for the University Avenue Sanitary Sewer Project, increasing the amount by $140,000, for a total amount not to exceed $515,496.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Consent Calendar

10.  Repeal and Reenactment of Berkeley Municipal Code Chapter 9.32 (Regulation of Massage Parlor Establishments) (PDF)
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

11.  Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of July 7, 2009 (regular), July 14, 2009 (special closed and regular), and July 23, 2009 (regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

12.  Establish 2010 City Council Meeting Schedule (PDF)
From: City Manager
Recommendation:
Adopt a Resolution establishing the Council regular meeting schedule for 2010, with starting times of 7:00 p.m.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

13.  Downtown Berkeley Business Improvement District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the 2010 Annual Report of the Downtown Berkeley Business Improvement District (BID); declaring Council's intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2010; and directing the City Clerk to schedule a public hearing for November 10, 2009, to consider levying a renewed assessment for the year 2010.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

14.  Expansion of Oakland Enterprise Zone into West Berkeley (PDF)
       Supplemental materials (PDF)
From: City Manager
Recommendation:
Adopt a Resolution: 1) approving the expansion of the boundaries of the Oakland Enterprise Zone into West Berkeley; 2) authorizing the City Manager to negotiate an Agreement with Oakland on administration of the proposed expanded Zone in West Berkeley and; 3) authorizing the City Manager to negotiate with Sate of California and Oakland officials for Berkeley to provide “the same or equivalent local incentives” within the Berkeley portion of the Enterprise Zone as is provided in Oakland, on condition that the resulting agreement and package of local financial incentives come back for review and approval by the City Council.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

15.  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 - $1,696,638
Contact: Robert Hicks, Finance, 981-7300

16.  Lease Amendment: 1013 Pardee Street No. 105 (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance to amend Contract 7472, approved by Ordinance No. 7,001-N.S., to increase expenditure authority for warehouse property lease at 1013 Pardee Street No. 105, for the period covering October 1, 2009 to September 30, 2010 to an amount not to exceed $166,800.00.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

17.  Homeless Prevention and Rapid Re-housing Update and Berkeley Food and Housing Project Contract Approval (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing $50,000 in General Fund for the Berkeley Food and Housing Project to cover ineligible costs related to implementing the Homeless Prevention and Rapid Re-Housing Program (HPRP).
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

18.  Sale of 2240 Ninth Street (PDF)
From: City Manager
Recommendation:
Adopt a Resolution finding that the public interest and convenience require the proposed sale of City property at 2240 Ninth Street and declaring the intent to sell the property at market value and establishing procedures to complete the sale.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

19.  Contract No. 7722 Amendment: Milliman, Inc. (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7722 with Milliman Inc. (hereinafter "Milliman") by increasing expenditure authority in an amount not to exceed $40,000 for actuarial services pertaining to retiree medical benefit plans and the Supplementary Retirement and Income Plan I.
Financial Implications: Benefit Trust Fund - $40,000
Contact: David Hodgkins, Human Resources, 981-6800

20.  Classification: Director of Health and Deputy Director of Health (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,211-N.S., to revise and retitle the at-will Director of Health and Human Services classification to Director of Health; and to retitle the Deputy Director of Health and Human Services to Deputy Director of Health, effective September 20, 2009.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

21.  Classification: Community Services and Administration Manager (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,250-N.S., (Classification and Salary Resolution for Public Employees Union Local One) to re-title the Manager, Housing Finance and Administration classification to Community Services and Administration Manager effective September 20, 2009.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

22.**Removed from Agenda by City Manager**Access to Summary Criminal History Information for Emergency Medical Technicians

23.  Contract No. 7258A Amendment: Community Relationship Management Software (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 7258 and any amendments with Lagan Technologies, Inc. for additional licensing, maintenance, training services and support of the City’s Community Relationship Management Software, increasing the amount by $135,500 for a total contract amount not to exceed $565,500 and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

24.  Western States Contracting Alliance Renewal: Dell Computer Hardware and Software (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to renew the City's letter of participation with the Western States Contracting Alliance (WSCA) for the purchase of Citywide computer hardware, software, and related services from Dell Computers, Inc. for the period July 1, 2009 to June 30, 2011, at the same annual purchasing limit not to exceed $550,000 per year.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

25.  Final Map of Tract 7887: 1423 Walnut Street (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7887, a five (5) unit residential condominium located at 1423 Walnut Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

26.  Final Map of Tract 7848: 1632 Francisco Street (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7848, a six (6) unit residential condominium located at 1632 Francisco Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

27.  Final Map of Tract 7833: 3101-3115 California Street (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7833, an eight (8) unit residential condominium located at 3101-3115 California Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

28.  Final Map of Tract 7832: 2301-2309 Eighth Street (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7832, a five (5) unit residential condominium located at 2301-2309 Eighth Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

29.  Agreement: Community Energy Services Corporation (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to a sole source agreement with the Community Energy Services Corporation for the period December 17, 2008 through February 28, 2010 in the amount of $47,000, for administration of the Smart Solar program, for a total contract amount of $220,000.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

30.  Repeal and Re-enact BMC Section 17.12 - Flood Zone Development Ordinance and Rescind Ordinance 7,104 (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance repealing and reenacting Section 17.12 of the Berkeley Municipal Code regulating flood zone development, to comply with current National Flood Insurance Program requirements and correct clerical errors in the ordinance adopted in July, 2009.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

31.**Removed from Agenda by City Manager**Purchase Orders:  Trillium USA for Compressed Natural Gas for FY 2010 through FY 2014

32.  Contract: Smith, Fause & McDonald, Inc. - Information Technology Consulting Services (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Smith, Fause & McDonald, Inc. to provide technology consulting services for the branch bond program in an amount not to exceed $137,148 for all services and reimbursable expenses for the period from September 25, 2009 through June 30, 2014.
Financial Implications: Measure FF Fund - $137,148
Contact: Donna Corbeil, Library, 981-6100

33.  Contract: Harley Ellis Devereaux/Green Works Studio - Architectural And Engineering Design Services (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Harley Ellis Devereaux / Green Works Studio to provide architectural and engineering services for the West Branch Library project in an amount not to exceed $788,194 for all services and reimbursable expenses for the period from September 25, 2009 through December 30, 2013.
Financial Implications: Measure FF Fund - $788,174
Contact: Donna Corbeil, Library, 981-6100

34.  Contract: Gould Evans Baum Thornley - Architectural and Engineering Design Services (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Gould Evans Baum Thornley to provide architectural and engineering services for the Claremont Branch Library project in an amount not to exceed $622,132 for all services and reimbursable expenses for the period from September 25, 2009 through February 30, 2012.
Financial Implications: Measure FF Funds - $622,132
Contact: Donna Corbeil, Library, 981-6100

Council Consent Items

35.  Berkeley Holiday Fund (PDF)
From: Mayor Bates
Recommendation:
Adopt a Resolution approving the expenditure of $500 to the Berkeley Holiday Fund’s annual campaign with funds from the Mayor’s office expense account relinquished to the City for this purpose.
Financial Implications: Mayor’s Discretionary Budget - $500
Contact: Tom Bates, Mayor, 981-7100

36.  Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds To The Berkeley High School Parent Resource Center (PDF)
From: Councilmembers Moore and Anderson
Recommendation:
Adopt a Resolution to approve the expenditure of up to $200 per Council office to the Berkeley High School Parent Resource Center with funds relinquished to the City’s general fund for this purpose from Councilmembers Moore and Anderson’s discretionary Council Office Budgets.
Financial Implications: $400 – Councilmembers Discretionary Budgets
Contact: Darryl Moore, Councilmember, District 2, 981-7120

37.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to UC Berkeley Center for Labor Research and Education (PDF)
From: Councilmember Anderson
Recommendation:
Adopt a Resolution to approve the expenditure of $250 to the UC Berkeley Center for Labor Research and Education with funds relinquished to the City's General Fund for this purpose from Councilmember Anderson's discretionary Council Office Budget.
Financial Implications: Councilmember Anderson's Discretionary Fund - $250
Contact: Max Anderson, Councilmember, District 3, 981-7130

38.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Boosters/Police Activities League Boy’s Traveling Team (PDF)
From: Councilmember Anderson
Recommendation:
Adopt a Resolution to approve the expenditure of $250 to the Berkeley Boosters/Police Activities League Boys' Traveling Team with funds relinquished to the City's General Fund for this purpose from Councilmember Anderson's discretionary Council Office Budget.
Financial Implications: Councilmember Anderson's Discretionary Budget - $250
Contact: Max Anderson, Councilmember, District 3, 981-7130

39.  Proposed Consolidation and/or Closing of Three Berkeley Post Offices (PDF)
From: Councilmembers Anderson, Moore, Worthington, Capitelli
Recommendation:
Adopt a Resolution opposing the United States Postal Service’s (USPS) proposed consolidation and/or /closing of three Berkeley post offices:  Park Station, South Berkeley Station and Landscape Station; and that the City Clerk send letters to United States Postal Service: John Potter, Postmaster General and Kim Fernandez, District Manager/Bay Valley District urging USPS not to consolidate and/or close the Berkeley post offices.
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130

40.  Honoring the Life of Michelle Maykin and Urging People to Register as Bone Marrow Donors (PDF)
From: Councilmember Arreguin
Recommendation: 
Adopt a Resolution honoring the life of Michelle Maykin and encouraging all people to register as bone marrow donors.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

41.  Declaring October 2009 as Animal Shelter Awareness Month (PDF)
        Revised materials (PDF)
From: Councilmember Arreguin
Recommendation:
Approve the attached Proclamation declaring October 2009 as Animal Shelter Awareness Month in the City of Berkeley
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

42.  Opposing the Expansion of the Pardee Reservoir and Supporting the Designation of the Mokelumne River as a National Wild and Scenic River (PDF)
Revised materials (PDF)
From: Councilmember Arreguin
Recommendation:
 Adopt a Resolution opposing the expansion of the Pardee Reservoir proposed in the East Bay Municipal Utility District’s proposed 2040 Water Supply Management Plan and supporting the designation of the Mokelumne River from below Salt Springs Dam to the existing upper limit of the Pardee Reservoir as a National Wild and Scenic River.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

43.  Declaring October 10, 2009 as Indigenous Peoples Day (PDF)
From: Councilmembers Arreguin, Worthington, and Anderson
Recommendation:
Approve the attached Proclamation declaring October 10, 2009 as Indigenous Peoples Day in the City of Berkeley.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

44.  Moving Mario’s La Fiesta Restaurant Location (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter to Alcohol Beverage Control (A.B.C.) urging the transfer of Mario’s La Fiesta Restaurant liquor license to its new location. 
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

45.  Letter To Support President Obama’s Goal To Abolish Nuclear Weapons (PDF)
From: Councilmember Worthington
Recommendation:
That the Berkeley City Council send a letter to President Barack Obama thanking him and strongly supporting his commitment at the 2010 Nuclear Non-Proliferation Treaty Review Conference to initiate good faith multilateral negotiations on an international agreement to abolish nuclear weapons and encourage the public to sign the petition.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

46.  SB 279: Finance Renewable Energy and Efficiency Upgrades Through Community Facility Districts (PDF)
From: Councilmember Worthington
Recommendation:
That the Berkeley City Council support SB 279 Finance Renewable Energy and Efficiency Upgrades through Community Facility Districts introduced by Senator Loni Hancock’s by sending a letter of support to Governor Arnold Schwarzenegger and Assembly member Nancy Skinner.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

47.  Opposing the Undemocratic Statewide Initiative “New Two-Thirds Requirement For Local Public Electricity Providers (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution opposing the proposed California statewide initiative “New Two-Thirds Requirement for Local Public Electricity Providers.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

48.  Support 7th Annual Sea Otter Awareness Week, September 27-October 3, 2009 (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution supporting the 7th Annual Sea Otter Awareness Week in the City of Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

49.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds To The Regents of the University of California for the UC Berkeley Center for Student Leadership (PDF)
From: Councilmember Wozniak
Recommendation:
Adopt a Resolution to approve the expenditure of $1,000 to the Regents of the University of California for the UC Berkeley Center for Student Leadership with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget.
Financial Implications: See report
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 – Appeals

50.  ZAB Appeal: 1911 Russell (PDF)
        Attachment 5 - Part 1 (PDF) 
        Attachment 5 - Part 2 (PDF)
        Attachment 5 - Part 3 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000040/08-70000019  to: 1) expand on-site food sales from three times per year on special occasions only to every Sunday; 2) demolish two structures; 3) construct four structures; 4) create an 8 space parking lot; 5) merge three parcels into one; and 6) erect a 6' high landscaped wall as part of the existing Wat Mongkolratanaram, or Thai Temple, located at 1911 Russell Street.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b. Communications
1.    Gene Hudson
2.    Japanese American Citizens League
3.    Thai Alliance in America
4.    Asian Law Caucus

51.  LPC Appeal: 2525 Telegraph Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to affirm the decision of the Landmarks Preservation Commission (LPC) to designate 2525 Telegraph Avenue as a City of Berkeley Landmark; or remand the matter back to the LPC to clarify the designation.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  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.

52.  ZAB Certification: 2109 Martin Luther King, Jr. Way (PDF)
       Att 4 - Admin Rec (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and, upon conclusion, adopt a Resolution approving Use Permit No. 09-10000031 to establish a teen center and administrative offices for the Berkeley-Albany YMCA at 2109 Martin Luther King (MLK), Jr. Way.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Council Action Calendar

53.  The Citywide Corporate Responsibility of New Hotels Ordinance (PDF)
From: Councilmembers Worthington, Anderson and Arreguin
Recommendation:
To refer to the Planning Commission a proposed amendment to the Berkeley Zoning Ordinance, as follows:  
1.    In the case of lodging projects, the application shall include the projected number and terms and conditions of employment of construction and permanent operations jobs from new or additional guest rooms, including classifications of those positions, number of full time and part time positions in each class, the wage and benefit levels for each class, the duration of the positions, and the intended sourcing of employees for these positions, including plans to provide jobs to Berkeley residents and to provide career opportunities for minorities and members of economically disadvantaged communities. Such information shall also include the market demand for a lodging use of the type proposed, and information on the identity of the likely or possible operators and the track record of the proponent and such operator(s) on relations with neighborhood and community groups, labor unions and other civic organizations in Berkeley or in other cities.
2.    Public Notice shall also for lodging projects of the information required in the application by Section 23B.24.030 (C).  
3.    In addition to the condition established in (A) above, the Board may approve an application for a Use Permit for a Lodging use, only upon finding that:
a)    any potential adverse effects upon the City or the County or public resources that might result from the lodging use and associated employment  (including costs of meeting the increased demand for public health care, child care, public transportation, affordable housing and social services from low wage hospitality employment) will be fully mitigated;
b)   There is market demand for a hotel or motel of the type proposed to avoid blighting impacts on existing properties.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

54.  AC Transit Cuts to Service (PDF)
From: Councilmembers Capitelli, Moore and Wengraf
Recommendation:
Direct the City Manager to write a letter to the AC Transit Board opposing cuts to bus transit service in Berkeley.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

55.  Increase the Percentage of Inclusionary Housing Ordinance in Berkeley (PDF)
From: Councilmember Worthington, Anderson, Arreguin and Moore
Recommendation:
Refer to the Planning Commission as a time sensitive issue to consider strengthening the Inclusionary Housing Ordinance, including looking at raising it to 25 percent citywide.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

56.  Status Report: Department Budget Monitoring Audit (PDF)
From: City Manager
Contact: Tracy Vesely, Budget Manager, 981-7000

57.  Settlement of Berkeley Neighborhood Antenna-Free Union, et al. v. City Council of the City of Berkeley, et al. (PDF)
From: City Manager
Contact: Zach Cowan, Acting City Attorney, 981-6998

58.  Investment Report: Quarter Ended June 30, 2009 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

59.  Upcoming Berkeley Business License Tax Project (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

60.  Community Services Block Grant – Recovery Act Program Funds Update (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

61.  Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

62.  LPC-NOD: 1000 Heinz Avenue, 1960 University Avenue, 3332 Adeline Street, 1326 Allston Way, and 2031 Sixth Street (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

63.  LPC-NOD: 1007 University Avenue (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

64.  Low Carbon Fuel Alternatives to Petroleum Based Biodiesel (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

Public Comment – Including Items Not Listed on the Agenda – 

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 17, 2009.

Deanna Despain, CMC, 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 55: Increase the Percentage of Inclusionary Housing Ordinance in Berkeley
1.    Zach Cowan, City Attorney’s Office

Downtown Area Plan
2.    Charles Robinson

Bay Area Rail Plan
3.    Robert Allen

2127 Russell Street
4.    Larry Bensky

Racial Profiling
5.    Ronald Byias
6.    Douglas Hambleton
7.    Ronald Byias

Population Density
8.    Fred Dodsworth

Light Brown Apple Moth Eradication Program
9.    Tom & Jane Kelly