Regular Meeting eAgenda
February 23, 2010

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, February 23, 2010

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

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

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


Preliminary Matters

Roll Call:

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

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.


Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.


Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1.   Lease Agreement: Charles and Theresa Lee, DBA Michelle's Yogurt and Sweets, at 2430 Durant Avenue at the Telegraph Channing Garage Shops (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,128-N.S. authorizing the City Manager to execute a lease agreement with Charles and Theresa Lee, doing business as Michelle's Yogurt and Sweets, for the purpose of a yogurt and sweets shop at 2430 Durant Avenue in the Telegraph Channing Garage Shops for the period April 1, 2010 to March 31, 2015.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

2.   Settlement of Claim by Gerald Weber (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of the claim submitted by Gerald Weber in the amount of $42,500.
Financial Implications: Public Liability Fund - $42,500
Contact: Zach Cowan, City Attorney, 981-6950

3.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of January 26, 2010 (regular), February 8, 2010 (special closed), and February 9, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

4.   Donation: The Stephen and Mary Birch Foundation to the Animal Shelter (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving a donation to the Animal Shelter in the sum of $10,000 from the Stephen and Mary Birch Foundation.
Financial Implications: Animal Shelter Donation Fund - $10,000 (donation)
Contact: Phil Kamlarz, City Manager, 981-7000

5.   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 - $3,795,000
Contact: Robert Hicks, Finance, 981-7300

6.   Classification and Salary: Deputy Director Rent Stabilization Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to establish the Deputy Director Rent Stabilization Program classification with a monthly salary range without steps of $8,629 to $11,340, effective February 21, 2010.
Financial Implications: See report
Contact: Dave Hodgkins, Human Resources, 981-6800

7.   Agreement: Community Energy Services Corporation (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole source agreement with the Community Energy Services Corporation for the period March 1, 2010 through June 30, 2011 in the amount of $60,236 for administration of the Smart Solar program.
Financial Implications: ARRA Stimulus Fund - $60,236
Contact: Dan Marks, Planning and Development, 981-7400

8.   Increase Purchase Order for Evidence Testing (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase FY 2010 Purchase Order No. 77845 to Alameda County Criminalist Laboratory by $25,000 for evidence testing and analysis services provided in FY 2010 as expenditures exceed the purchase limit currently authorized.
Financial Implications: General Fund - $25,000
Contact: Michael K. Meehan, Police Chief, 981-5900

9.   Contract No. 8042 Amendment: Page + Moris, LLC (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 8042 with Page + Moris, LLC by increasing the expenditure authority by $10,000 in an amount not to exceed $60,000 for the provision of library service/building program consulting services for the branch library bond program.
Financial Implications: Measure FF Fund - $10,000
Contact: Donna Corbeil, Library, 981-6100

Council Consent Items

10.  Buy Local Preference (PDF)
From: Councilmember Moore
Recommendation:
Direct the City Manager to explore ways in which to improve our current Buy Local Preference.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120

11.  City Manager Referral: Request for Report on FUND$ (PDF)
From: Councilmembers Capitelli, Moore, Wengraf and Wozniak
Recommendation:
Request that the City Manager present a status report to City Council on plans for the replacement of FUND$. A cost/benefit analysis with regard to security issues as well as functionality should be included. In addition, a transition plan to implement a modern financial system and a timetable for implementation should be addressed. Defer to the budget discussion implementation of a new system based on the City Manager's report.
Financial Implications: Significant
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180; Susan Wengraf, Councilmember, District 6, 981-7160

12.  Support Dawn Johnsen's Nomination to the U.S. Office of Legal Counsel (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter asking U.S. Senators Barbara Boxer and Diane Feinstein to actively support the confirmation of Dawn Johnsen to the post of Head of the U.S. Office of Legal Counsel (OLC), and send a letter to President Barack Obama thanking him for his continued support and re-nomination of Johnsen.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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.

13.  ZAB Appeal: 1630 Capistrano Avenue (PDF)
Attachment 5 - Admin Record
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit (AUP) No. 09-20000072 to allow the establishment of one (1) uncovered off-street parking space within the required rear yard setback of a property with an existing single-family dwelling.
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. 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.

14.  June 2010 Ballot Measure: Community Facilities District No. 2 (Berkeley Pools) (PDF)
Supplemental materials (PDF)
a. From: City Manager
Recommendation:
Conduct Public Hearing and upon conclusion, adopt three Resolutions:
1.   Resolution of formation, establishing Community Facilities District No. 2 (Berkeley Pools), authorizing the levy of a special tax within the District, preliminarily establishing an appropriations limit for the District, and calling an election for the purpose of submitting the levy of the special tax and the establishment of the appropriations limit to the qualified electors of the District;

2.   Resolution determining the necessity to incur a bonded indebtedness within proposed Community Facilities District No. 2 (Berkeley Pools), setting forth the measure to be voted on, and calling an election for the purpose of submitting the measure to the qualified electors of the District; and

3.   Resolution declaring the official intent of the City to be reimbursed for certain capital expenditures from the proceeds of indebtedness (Community Facilities District No. 2 – Berkeley Pools)
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000

b.   Making a Finding of Urgent Necessity, Calling for a Consolidated Special Municipal Election for June 8, 2010, and Designating Councilmembers to File Ballot Arguments (PDF)
From: City Manager
Recommendation:
1.   Adopt a Resolution making a finding of urgent necessity to call a special election (requires 2/3 vote).

2.   Adopt a Resolution:
a.   Calling for a Special Municipal Election to be consolidated with the Statewide Direct Primary Election to be held in Berkeley on June 8, 2010;
b.   Requesting the Alameda County Board of Supervisors consolidate the City of Berkeley Special Municipal Election with the Statewide Direct Primary Special Election;
c.   Authorizing certain procedural and contractual actions; and
d.   Authorizing the filing of rebuttal arguments for city ballot measures pursuant to Elections Code Section 9285.

3.   Designate certain councilmembers to file ballot arguments on behalf of the legislative body pursuant to Elections Code Section 9282 and 9287.
Financial Implications: See report
Contact: Deanna Despain, City Clerk, 981-6900

Action Calendar – Old Business

15.  Universal and Unconditional Amnesty for Iraq, Afghanistan and Pakistan War Military Resisters and Veterans who acted in Opposition to the War for Matters of Conscience (continued from January 19, 2010) (PDF)
From: Councilmembers Maio and Worthington
Recommendation: Adopt a Resolution recommending that military personnel who have served in the United States military since October 7, 2001, and who have been charged, or for whom charges are pending, be granted Universal and Unconditional Amnesty, such amnesty to amount to forgiveness for all convictions or charges of desertion or Absent Without Leave or Unauthorized Absence if, and only if, such leave or absence was determined to be caused by matters of personal conscience in opposition to the illegal wars in Iraq and/or Afghanistan and/or Pakistan.
Financial Implications: None
Contact:  Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – New Business

16.  ZAB Certification: 3095 Telegraph Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1    Certifying the Zoning Adjustments Board's (ZAB) action regarding Administrative Use Permit No. 09-20000161, for the project at 3095 Telegraph Avenue, for review by the Council, and
2    Set this matter for hearing on March 23, 2010.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Council Action Calendar

17.  Rescind Resolution 64,581-N.S., Adopting Findings for the Downtown Area Plan (PDF)
From: Mayor Bates, Councilmembers Capitelli and Wozniak
Recommendation:
Adopt a Resolution rescinding Resolution 64,581-N.S., Adopting Findings for the Downtown Area Plan regarding Environmental Impacts, Mitigation measures, Alternatives, Overriding Consideration, and other Matters in Accordance with the California Environmental Quality Act, a Mitigation Monitoring and Reporting Program, the Downtown Area Plan and Associated Amendments to the General Plan to Incorporate the Downtown Area Plan, approved by Berkeley City Council on July 14, 2009.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

18.  Discussion of Proposed Revisions to the Downtown Area Plan including Building Heights, Provisions of Public Benefits by Developers and Developmental Feasibility (PDF)
From: Mayor Bates, Councilmembers Capitelli and Wozniak
Recommendation:
In the event that the City Council rescinds the Downtown Area Plan (Resolution 64,581 N.S.), Discuss the Proposed Revisions to the Downtown Area Plan (DAP) Building Heights, Provision of Public Benefits by Developers, and Developmental Feasibility, and Refer Recommendations to the City Manager for Staff Analysis; and, Request the City Manager return to the City Council with Language and Schedule for Action that Allows for Placement of New Downtown Area Plan Policies, Goals and Development Standards on the November 2010 Ballot.
Financial Implications: Staff time
Contact: Tom Bates, Mayor, 981-7100

19.  Support the Elimination of Mobile Billboard Advertising Within the City (PDF)
From: Councilmember Worthington
Recommendation:
Refer the City Manager to consider drafting an ordinance banning mobile billboards as an outlet of advertising upon any public place within the city.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

20.  American Relief Efforts in Haiti (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution officially urging President Barack Obama and his administration to commit to prioritize aid and relief over military intervention in the wake of the recent earthquake to hit the nation of Haiti.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

21.  Formation of Inter-Agency Liaison Committee with Alameda Contra-Costa Transit District (“AC Transit”) (PDF)
From: Councilmembers Worthington, Arreguin and Capitelli
Recommendation: 
Create a special committee of no more than four (4) council members.  The co-sponsors invite the Mayor to join or designate another council member to participate and request the city manager to appoint various city staff members to meet with AC Transit officials on a quarterly basis.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

22.  Lennard Davis v. City of Berkeley - Alameda County Superior Court Case No. RG07 317975 (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney's Office, 981-6950

23.  Investment Report: Quarter Ended December 31, 2009 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

24.  Six Month Status Update: Grants Awarded Through the American Recovery and Reinvestment Act of 2009 (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

25.  Measure WW Project Applications (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

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.

Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website.  Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record.  If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk.  If you do not want your contact information included in the public record, please do not include that information in your communication.  Please contact the City Clerk at 981-6908 or clerk@cityofberkely.info for further information.

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 February 18, 2010.

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.

Styrofoam at James Kinney
1.  Carol Denney

Mandatory Bike Helmet Law
2.  H. Scott Prosterman

North Shattuck Plaza / Master Plan / Pedestrian Plan
3.  Estelle Jelinek
4.  Eric Anderson
5.  Mary Ann Brewin

Berkeley Patients Group
6.  Christopher Allen

Tobacco Industry
7.  Carol Denney

Smart Meters
8.  Kate Bernier

Budgetary Concerns
9.  Victoria Peirotes

5-County Rail
10. Robert Allen