Regular Meeting eAgenda
December 8, 2009

Printer-friendly PDF* agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 8, 2009

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

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.

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.

1.   Amendments to Community Noise Ordinance: BMC Chapter 13.40 (PDF)
From: City Manager
Recommendation:
Adopt the second reading of Ordinance No. 7,122–N.S. amending the Community Noise Ordinance (BMC Chapter 13.40) to:
1.   Provide appropriate exceptions for entertainment establishments to be determined by the Zoning Adjustments Board through the use permit process;
2.   Provide additional discretion for amplified sound permits at festivals;
3.   Clarify noise standards, permit procedures, and enforcement procedures.
Financial Implications: Unknown
Contact: Fred Medrano, Health and Human Services, 981-5100

2.   Settlement: Johnson v. City of Berkeley (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 08 417134 entitled Johnson v. City of Berkeley, in the amount of $40,000.
Financial Implications: Public Liability Fund - $40,000
Contact: Zach Cowan, City Attorney, 981-6950

3.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of November 3 (Special Closed and Special Joint), November 9 (Special Closed), November 10 (Regular) and November 17, 2009 (Regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

4.   National Institutes of Health (NIH) Grant (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to participate in a grant submitted by University of California, Berkeley School of Public Health, and execute agreements, as needed, to implement the "Building Sustainable Community-linked Infrastructure to Enable Health Science Research Program" if awarded.  This grant is supported by funds of the American Recovery & Reinvestment Act of 2009 (Federal Stimulus).
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000

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

6.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $1,742,947
Contact: Robert Hicks, Finance, 981-7300

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

8.   Grant Application - the Metropolitan Transportation Commission Grant Program for Federal Transportation Enhancement (TE) Funds to Construct Segment One of the Bay Trail Extension at the Berkeley Marina (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions:  1.  Certifying that the project is eligible for federal Transportation Enhancement (TE) funding and that the City will comply with all requirements of the TE funding; and 2. Authorizing the City Manager or his designee to:  1) submit a grant application to the MTC for a federal Transportation Enhancement (TE) grant to construct the Bay Trail Extension at the Berkeley Marina in the amount of $1,928,000; 2) accept the grant; 3) execute any resultant revenue agreements and amendments; and 4) authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

9.   Lease Agreement: Mohammad Mohayedi, DBA Moe's Flower Shop, located at 2446 Durant Avenue in the Telegraph Channing Garage Shop (PDF)
From: City Manager
Recommendation:
Adopt a first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj, doing business as Moe's Flower Shop, for the purpose of a retail flower shop at 2446 Durant Avenue in the Telegraph Channing Garage Shops.  The lease term is for the period February 1, 2010 to August 31, 2014.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

10.  Contract: R. E. Builders, Inc., for 830 University Ave. – CDBG Renovation Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution 1) approving plans and specifications for the 830 University Ave – Community Development Block Grant Renovation; 2) accepting the bid of R.E. West Builders, Inc.; and 3) authorizing the City Manager to execute a contract and any extensions or change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $927,600.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

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

Action 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

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.

12.  LPC Appeal: 1007 University Avenue (PDF)
       Attachment 5 - Admin Record (PDF)
From: City Manager
Recommendation: Remand to the LPC its June 20, 2009 Landmark Designation (No. 09-40000012) of the building at 1007 University Avenue, in order to conduct a public hearing to review the new information submitted by appellant regarding the lack of association of the building at 1007 University Avenue with Bernard Maybeck and to modify its designation decision as appropriate.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communication

1.    Daniella Thompson (BAHA) (2)

Action Calendar – Public Hearings

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.

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

14.  Policy and Fee Schedule for City-Owned Garages; Renaming Oxford Parking Facility (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution to:
1.   Rename the Oxford-Fulton Parking Lot the "Oxford Garage," add four hours of operation on Sundays, and implement a monthly parking program for private vehicles and motorcycles
2.   Establish policies and fee schedules for the Center Street Garage, Telegraph/Channing Garage and the Oxford Garage
3.   Rescind Resolution Nos. 57,678-N.S., 62,443-N.S. and 63,217-N.S.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Action Calendar - New Business

15.  Contract: Ecology Center for Residential Curbside Recycling Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a new contract with the Ecology Center (EC) for residential curbside recycling services in an amount not to exceed $37,020,678 for the period from January 1, 2010 to June 30, 2020; with the provision the parties may renegotiate terms and conditions as set forth in the contract starting in year 2015.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

16.  Oppose Stupak-Pitts Amendment to HR 3962 (PDF)
        Supplemental material (PDF)
From: Councilmembers Worthington and Wengraf
Recommendation:
Send a letter accompanied by an actual coat hanger to the 20 “pro-choice” Congressional representatives who voted to approve the Stupak-Pitts Amendment.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

17.  West Berkeley Project Zoning Ordinance Amendments (PDF)
From: Planning Commission
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapters 23E.72, 23E.76, 23E.80, and 23F.04 related to development regulations and uses in the Manufacturing, Mixed Manufacturing, and Mixed-Use Light Industrial Districts.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7100

Information Reports

18.  Settlement of Potential Litigation Concerning 3095 Telegraph (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950

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

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

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.

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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 December 3, 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 17: West Berkeley Project Zoning Ordinance Amendments
1.    John Norheim
2.    Cian Dawson

Traffic Accident
3.    Gar Smith

Contract Issues
4.    Arin Weitzman

Traffic Calming
5.    Robert Hink

Sunshine Ordinance
6.    Dean Metzger

Military Discrimination
7.    Stolenbyfairies@***.com

CupKates Bakery
8.    JohnJoe OReilly

Downtown Area Plan
9.    Hank Resnik

UC Berkeley Protests
10. Neil Signo
11. Dennis Evangelista

Banning Declawing
12. Jenna Riedi