Regular Meeting eAgenda
March 9, 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 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

 
~~~~~~~~~~~~~~~~~~~~~
REVISED AGENDA
TO REFLECT THE FOLLOWING:
Item #6 - Contract: Employee Assistance Plan Services - Financial Implications-
Miscellaneous Fringe Benefit Fund Revised to $320,000
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, March 9, 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, 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.   Freddie Long v. City of Berkeley - Alameda County Superior Court No. RG07 352195 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County Superior Court Case No. RG07 352195 in the amount of $25,000.
Financial Implications: Public Liability Fund - $25,000
Contact: Zach Cowan, City Attorney, 981-6950

2.   Grant: Substance Abuse and Mental Health Services Agency – Drug Free Communities Funding (PDF)
From: City Manager
Recommendation: 
Adopt a Resolution authorizing the City of Berkeley to participate in the Drug Free Communities grant submitted by the Berkeley Alliance and authorize the City Manager to execute any agreements to implement the grant if awarded.  The Drug Free Communities (DFC) Grant is supported through federal appropriation funds and is in partnership with the Substance Abuse and Mental Health Services Agency (SAMSHA).
Financial Implications: See report
Contact: Angela Gallegos-Castillo, City Manager’s Office, 981-7000

3.   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 - $2,078,120
Contact: Robert Hicks, Finance, 981-7300

4.   Donation of Fire Equipment (PDF)
From: City Manager
Recommendation:
Adopt a Resolution donating surplus fire equipment as deemed appropriate by the Fire Department to the El Bolson Fire Department, the Cities of Izalco and Delgado, and City of Jocotenango Sacatepequez Fire Department.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

5.   Contract No. 7050 Amendment: Berkeley Food & Housing Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7050 with the Berkeley Food & Housing Project for operating costs for the Russell Street Residence supportive housing facility and to provide third party administration of client assistance funds and to increase the amount by $87,500 for a total contract amount not to exceed $387,500.
Financial Implications: Mental Health Services Act Fund - $87,500
Contact: Daren Fields, Health Services, 981-5100

6.   Contract: Employee Assistance Plan Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Claremont Behavioral Services (Claremont) to provide continued services for the Employee Assistance Plan (EAP) in the amount of $320,000 for the period July 1, 2008 to June 30, 2012.
Financial Implications: Miscellaneous Fringe Benefit Fund - $320,000
Contact: David Hodgkins, Human Resources, 981-6800

7.   Classification and Salary: Aquatics Classifications (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to revise and re-title aquatics classifications, with expanded five-step salary ranges by including lower salary steps A-C, effective March 8, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

8.   Classification and Salary: Sports Field Monitor (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 64,173-N.S., Classification and Salary for Service Employees International Union Local 1021 Community Services and Part-time Recreation Leaders Association, to establish the classification of Sports Field Monitor with an hourly salary range of $10.43 to $12.81, effective March 8, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

9.   Contract No. 7920 Amendment : Christopher A. Joseph and Associates (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7920 with Christopher A. Joseph and Associates (CAJA) to provide additional environmental services for the Aquatic Park Hydrology and Habitat Improvement Program, for an amount not to exceed $98,875 for a new contract total amount not to exceed $272,151 for all services and reimbursable expenses and extend the term through June 30, 2010.
Financial Implications: Bayer Fund - $272,151
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

10.  Grant Award for Retrofit Bay Area Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the Association of Bay Area Governments (ABAG) to accept a grant award from the California Energy Commission on behalf of the City of Berkeley to fund the development and implementation of regional and local residential energy efficiency programs with Stopwaste.Org as the lead implementer for Alameda County jurisdictions.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

11.  Contract No. 7194 and 7691 Amendments: Plan Checking Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute contract amendments for building permit plan checking and related services as follows:
1. Increase the contract amount for Contract No. 7194 with Telesis Engineers by $150,000 for a new contract amount not to exceed $550,000, and extend the term of the contract from June 30, 2010 to June 30, 2012.
2.  Increase the contract amount for Contract No. 7691 with Interwest Consulting by $150,000 for a new contract amount not to exceed $270,000, and extend the term of the contract from June 30, 2010 to June 30, 2012.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

12.  Appointments to the Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Adopt a Resolution approving the appointments of Shirley Posey, as a representative of the Special Public Interest Category, and Kathleen Gresher, as a representative of the General Public Interest Category, to the Mental Health Commission for three-year terms beginning March 10, 2010 and ending March 9, 2013.
Financial Implications: None|
Contact: Carol Patterson, Commission Secretary, 981-5100

13.  Development of Columbaria and Amending Numerous BMC Chapters (PDF)
From: Planning Commission
Recommendation:
Adopt first reading of an Ordinance allowing for:
•     An exception to Section 6.16.020 Burials and maintenance of cemeteries prohibited, to allow for columbaria
•     Modifications to the following Residential and Commercial district Sections to allow for columbaria: Amending Berkeley Municipal Code Sections 6.16.020, 23D.16.030, 23D.20.030, 23D.28.030, 23D.32.030, 23D.36.030, 23D.40.030, 23D.44.030, 23E.36.030, 23E.40.030, 23E.44.030, 23E.48.030, 23E.52.030, 23E.56.030, 23E.60.030, 23E.64.030, 23E.68.030
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400

14.  Zoning Amendments Allowing On-Site Beer and Wine Service in Restaurants (PDF)
From: Planning Commission
Recommendation:
Adopt a first reading of an Ordinance to amend BMC 23E.68.030 and BMC 23E.16.040.A  (1) to require an Administrative Use Permit (rather than a Use Permit Public Hearing) to establish on-site beer and wine service with meals in quick-service restaurants that (a) are more than 200 feet from a residential district and (b) allow no sale of alcohol for off-site consumption; and (2) to clarify that establishing retail sales of alcoholic beverages requires a Use Permit Public Hearing, as currently specified within BMC 23E.16.040.A, not an Administrative Use Permit.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400

Council Consent Items

15.  City Manager Referral: Google Fiber for Communities (PDF)
From: Councilmembers Moore and Wozniak
Recommendation:
Direct the City Manager to submit an application for Google's Fiber for Communities project by the March 26, 2010 deadline.
The City Manager should evaluate the application and RFI to determine whether the proposed fiber optic network would be feasible in Berkeley.  If found to be infeasible or impractical, the City Manager should report back to the City Council the specific reasons that this type of network would not be a viable option for Berkeley.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120

16.  Raising the Tibetan Flag in Solidarity with the Tibetan People for 51 Years in Exile (PDF)
From: Councilmember Worthington
Recommendation:
Allow the Tibetan flag to be raised on the city flag pole on Wednesday, March 10, 2010 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

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

Action Calendar – Public Hearing

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

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

17.  Fees - Public Health Clinic Immunization Services (PDF)
From: City Manager
Recommendation:
Conduct a Public Hearing and, upon conclusion, adopt a Resolution reducing the vaccine administration fee at the Public Health Clinic (PHC) from $19 to a maximum of $17.55 per vaccination.  The proposed Resolution will bring the PHC into compliance with January 3, 2010 guidelines issued by the California Department of Public Health (CDPH).  The new fees will be effective March 10, 2010. This resolution amends Resolution No. 64,197-N.S. from September 16, 2008.
Financial Implications: See report
Contact: Daren Fields, Health Services, 981-5100

Action Calendar – Old Business 

18. June 2010 Ballot Measure: Community Facilties District No. 2 (Berkeley Pools) (PDF)
Revised report (PDF) 
a. From: City Manager
Recommendation:
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

19.  Classification and Salary: Deputy Director Rent Stabilization Program (Continued from February 23, 2010) (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 March 9, 2010.
Financial Implications: See report
Contact: Dave Hodgkins, Human Resources, 981-6800

20.  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 February 23, 2010) (PDF)
Revised material (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

21.  Support the Elimination of Mobile Billboard Advertising Within the City (Continued from February 23, 2010) (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

Action Calendar – New Business

22.  Reallocate the Housing Trust Fund Reservation for 1200 Ashby Ave (PDF)
a. From: Councilmember Moore
Recommendation:
Reallocate the Housing Trust Fund reservation for 1200 Ashby that was originally approved at the July 23, 2009 City Council meeting.  This reallocation would be reserved through June 30, 2010 and would be contingent upon partnering with a non-profit developer and the City Manager’s approval of the financing package.
Financial Implications: See report
Contact: Darryl Moore, Councilmember, District 2, 981-7120

b. Reauthorization of the Housing Trust Fund Reservation for Ashby Arts (PDF)
From: City Manager
Recommendation:
Continue this item to the March 23, 2010 City Council meeting in order to allow the City Manager and staff time to meet with the developer to review and assess the project’s financing plan. The developer has agreed to this continuance.
Financial Implications: See report
Contact: Jane Micallef, Housing and Community Services, 981-5400

23.  Amending Chapter 19.28.060 of the Berkeley Municipal Code to Exempt Cooking Devices from the Ordinance (PDF)
From: Community Environmental Advisory Commission
Recommendation:
Adopt first reading of an Ordinance amending section 19.28.060, exempting wood burning cooking devices from the ordinance controls.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

Action Calendar – Council Items

24.  Send a Letter Supporting the Amendments to the Water Protection and Reinvestment Trust Fund (PDF)
From: Councilmember Worthington
Recommendation:
Send letters urging Congresswoman Barbara Lee and Senators Barbara Boxer and Diane Feinstein to support the creation of a Water Protection and Reinvestment Trust Fund and proposed amendments to the Trust Fund bill (H.R. 3202).
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

25.  City Auditor's Office Proposed 2011 Budget (PDF)
From: Auditor
Contact:  Ann-Marie Hogan, Auditor, 981-6750

26.**Removed from Agenda by City Manager**Soft Story Enforcement and Tenant Notification

27.  Council Referral: Do Not Mail Registry (PDF)
From: Commission on Labor
Contact: Delfina Geiken, Commission Secretary, 981-5400


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@cityofberkeley.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.

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

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 March 4, 2010.

Deanna Despain, CMC, City Clerk


Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Protestor Shoved
1.    Maris Arnold

Bag Reduction Ordinance
2.    David Early

Proposed New Fencing
3.    Susan Schwartz
4.    Nancy Carleton (2)

Transportation Fees for Green Pathway and Standard Development
5.    Sarah Syed

1007 University Avenue
6.    Anthony Bruzzone, on behalf of Berkeley Design Advocates

Light Brown Apple Moth Eradication Program
7.    Jane Kelly