Regular Meeting eAgenda
December 15
, 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: 

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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

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
First Reading Vote:  Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak; Absent – Bates
Contact: Fred Medrano, Health and Human Services, 981-5100

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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.  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.

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

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

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 Calendar – Old Business

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

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

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

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

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

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 Calendar – Council Items

36.  Supporting SCA 21, Granting Legislative Authority Over UC Policy (PDF)
Revised Report (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

Information Reports
 

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

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

39.  Status Update: Implementation of Citywide Payroll Audit Recommendations (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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 10, 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 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