Regular Meeting Annotated Agenda
December 7, 2010

Printer-friendly PDF* annotated 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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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 7, 2010

7:00 P.M.

Council Chambers - 2124 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

Preliminary Matters

Roll Call: 7:16 p.m.  All present.

Ceremonial Matters: 

  1. Swearing in of Newly Elected Councilmembers. 9 speakers.

Recess: 7:39 p.m. – 7:52 p.m.

City Manager Comments:  

  1. City offices will be closed December 23, 2010-January 3, 2011 for holiday and Cost Saving/Reduced Service Days.  

Public Comment on Non-Agenda Matters: 5 speakers.  Referred the Hearst and LeRoy traffic issue to the City Manager by Councilmember Worthington.


Public Comment on Consent Calendar and Information Items Only: 15 speakers. 

Consent Calendar

Action: M/S/C (Worthington/Moore) to adopt Consent Calendar in one motion except as indicated:

1. Amendment to Berkeley Municipal Code Section 16.10.050 Granting City Manager Authority to Adopt Implementing Regulations Concerning Equipment in the Public Right of Way (PDF)
Revised Agenda Material (PDF)
From: City Manager
Recommendation:
Adopt an Urgency Ordinance granting the City Manager authority to adopt regulations to implement BMC Section 16.10.050, concerning equipment in the public right of way.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted Urgency Ordinance No. 7,159–N.S.

2. Confirming the Results of the November 2, 2010 General Municipal Election (PDF)
From: City Manager
Recommendation: 
1.   Adopt a Resolution:
a.   Confirming the results of the November 2, 2010 General Municipal Election;
b.   Declaring the passage of Measure R – Downtown Area Plan, Measure S –Tax on Cannabis Businesses and Measure T – Amendments to Medical Cannabis Regulations

2.   Adopt an Ordinance amending the Berkeley Municipal Code to incorporate the passage of Measure S – Tax on Cannabis Businesses.

3.   Adopt an Ordinance amending the Berkeley Municipal Code to incorporate the passage of Measure T – Amendments to Medical Cannabis Regulations.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted the following:
1.   Resolution No. 65,104–N.S.
2.   Ordinance No. 7,160–N.S. (Measure S).
3.   Ordinance No. 7,161–N.S. (Measure T).
Staff to return with analysis of undervoting results in comparison to past elections.

3. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 9, 2010 (regular) and November 16, 2010 (regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Approved minutes as submitted.

4. Re-Appointment of Dr. Jan Washburn to the Alameda County Mosquito Abatement District Board of Trustees (PDF)
From: City Manager
Recommendation: Adopt a Resolution reappointing Dr. Jan Washburn to the Board of Trustees of the Alameda County Abatement District for a two-year term commencing on January 2, 2011 and ending on January 1, 2013.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No. 65,105–N.S.

5. Contract: San Francisco Paramedic Association for Emergency Medical Service - Paramedic Education (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with San Francisco Paramedic Association to provide annual emergency medical service education to paramedics of the Berkeley Fire Department from January 1, 2011 to December 31, 2012 in the amount of $44,000, with an option to extend for 2 additional two-year contract terms for a total of six years in a total amount not to exceed $132,000.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
Action:  Continued to December 14, 2010.

6. Contract: Berkeley Unified School District Building Effective Schools Together Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Berkeley Unified School District to create a baseline service level at each school site where the "Building Effective Schools Together" program is implemented, for the period of December 8, 2010 through June 30, 2011 in an amount not to exceed $55,000.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,106–N.S.

7. Grant: Alameda County Healthy Housing Project-Asthma Prevention (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from Alameda County's Healthy Housing Program (AC-HHP) in the amount of $30,000 to implement the "Berkeley Healthy Housing Project" for the period December 8, 2010 to December 7, 2011; to execute the resultant revenue agreements, contracts and any amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses.
Financial Implications: Asthma Prevention & Control Program Fund - $30,000 (grant)
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,107–N.S.

8. Contract: Basic and Supplemental Life Insurance with Cigna Group Insurance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance to provide Basic Life and Accidental Death and Dismemberment Insurance at the premium rate of $0.165 per $1,000 of coverage for eligible employees, and Supplemental Life Insurance effective January 1, 2009 through June 30, 2011 for an amount not to exceed $240,000.
Financial Implications: Payroll Deduction Trust Fund - $63,324
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,108–N.S.

9. Contract: Long-Term Disability Insurance with Cigna Group Insurance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance (Cigna) to provide Long-Term Disability (LTD) insurance at the premium rate of 0.379% for every $100 of active participants' covered salaries for most non-sworn employees effective July 1, 2007 through June 30, 2011, in an amount not to exceed $1,168,000.
Financial Implications: Not to exceed $1,168,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,109–N.S.

10. Contract: SRIP I Disability Insurance Administrative Services with Cigna Group Insurance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance (Cigna) to provide third party administrative services for the Supplementary Retirement and Income Plan I (SRIP I) disability benefit effective July 1, 2007 through June 30, 2011, in an amount not to exceed $306,000.
Financial Implications: Not to exceed $306,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,110–N.S.

11. Fee Assessment - State of California Self-Insurance Fund (Workers' Compensation Program) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2011 for administering the Workers' Compensation Program, in an amount not to exceed $205,000.
Financial Implications: Not to exceed $205,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,111–N.S. revised to reflect an amount not to exceed $127,963.

12. Unrepresented Employee Manual - Layoff Policy and Procedure (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 60,777-N.S., the Unrepresented Employee Manual, to amend Article 10.06 (Order of Layoff), to specialty designate the Administrative & Fiscal Services Manager position in the Library and treat it as a separate classification for the purposes of administering the layoff procedure.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,112–N.S.

13. Extension of Temporary Part-Time Appointment of a Senior Planner (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the extension of employment of Jay Claiborne, a temporary unbenefitted half- time Senior Planner, through December 31, 2010.
Financial Implications: General Fund - $14,540
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Moved to Action Calendar.  0 speakers. M/S/C (Arreguin/Moore) to

1.    Adopt Resolution No. 65,113–N.S. approving the extension of employment of Jay Claiborne, a temporary unbenefitted half- time Senior Planner, through December 31, 2010.

2.    Refer to the Personnel Board the possibility of a further extension. 

3.    Refer to the City Manager the scheduling of a special City Council meeting to discuss the possibility of a further extension.

Vote: Ayes -  Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes – None. Abstain -  Maio, Worthington.

14. Extension of Temporary Appointment of a Senior Planner (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the extension of employment of Matthew Taecker, a temporary Senior Planner, through December 31, 2010.
Financial Implications: Permit Service Center Fund - $27,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Moved to Action Calendar.  6 speakers.  M/S/C (Maio/Capitelli) to

1.    Adopt Resolution No. 65,114–N.S. approving the extension of employment of Matthew Taecker, a temporary Senior Planner, through December 31, 2010.

2.    Refer to the Personnel Board the possibility of a further extension. 

3.    Refer to the City Manager the scheduling of a special City Council meeting to discuss the possibility of a further extension.

Vote: Ayes -  Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes -  Worthington.

15. Classification: Administrative & Fiscal Services Manager (PDF)
From: City Manager
Recommendation: Adopt two Resolutions:

1.   Amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Administrative & Fiscal Services Manager with a monthly salary range of $7,428 - $9,473 effective December 26, 2010, and abolish the Library Administrative Manager classification;  2.     Amend Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One to establish the classification of Administrative & Fiscal Services Manager with a monthly salary range of $7,428 - $9,473 effective December 26, 2010, and abolish the Senior Budget Specialist and Health Administrative/Financial Specialist classifications.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,115–N.S. and Resolution No. 65,116–N.S.

16. Classification and Salary: Administrative Staff Assistant (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Administrative Staff Assistant with a monthly salary range of $5,220 - $6,408 effective December 12, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,117–N.S.

17. Grant Award: Metropolitan Transportation Commission's Climate Initiatives Innovative Grants Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City of Berkeley to execute and file an application for funding for the Berkeley Transit Action Plan (B-TAP) under the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA), any extensions of SAFETEA or any successor legislation for continued funding.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 65,118–N.S.

18. Grant Award: U.S. Department of Transportation Federal Highway Administration (FHWA) Value Pricing Pilot Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to:  

1.   Accept one-time grant funds from the U.S. Department of Transportation FHWA FY 2009 Value Pricing Pilot Program in the amount of $1,800,000 to jointly implement the Berkeley Parking Pricing and Real Time Guidance for City and University Project with the University of California, Berkeley; and 

2.   Grant a waiver to the Nuclear Free Berkeley Act per BMC Section 12.90.070 (A) that includes the following statement: "The Berkeley City Council reiterates and reaffirms the purpose of the Nuclear Free Berkeley Act 'to make Berkeley nuclear-free' and calls upon the University of California to phase out its management of the two nuclear weapons labs, Lawrence Livermore and Los Alamos, and to cease involvement with ‘the nuclear fuel cycle as a whole’”; and

3.   Enter into an agreement with UC Berkeley to govern adherence to all applicable grant rules and regulations, delivery of the Project Scope of Work and adherence to the Project Budget.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 65,119–N.S.

19. Contract No. 6668C Amendment: Cale Parking Systems USA Inc. for Pay-and-Display Station Operations (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6668C with Cale Parking Systems USA, Inc. for pay station services, increasing the contract by $877,538; and an option of $408,158 to purchase up to 50 additional P& D stations for a total contract amount not to exceed $3,948,052 for the period May 20, 2005 to June 30, 2014.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 65,120–N.S. revised to omit the option to purchase additional P&D stations.  Total contract amount not to exceed $3,539,895.

20. Contract: D'Arcy & Harty Construction Inc. for Sanitary Sewer Project for Claremont Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving the plans and specifications for the Sanitary Sewer Project, 10-10506-C, located on Claremont Avenue

2.   Accepting the bid of the lowest responsive responsible bidder, D'Arcy & Harty Construction Inc.

3.   Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specification, in an amount not to exceed $593,683 for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 65,121–N.S.

21. Contract: AC Transit for Bus Transit Pass (EasyPass) Program (PDF)
From: City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda-Contra Costa County Transit District (AC Transit) for the continuation of an annual bus transit pass (EasyPass) program for City of Berkeley employees in an amount not to exceed $210,000 for the two-year period January 1, 2011 through December 31, 2012.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 65,122–N.S.

22. Designation of February 2011 as National Teen Dating Violence Awareness and Prevention Month (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution designating February 2011 as National Teen Dating Violence Awareness and Prevention Month.
Financial Implications: None
Contact: Eric Brenman, Peace and Justice Commission, 510-981-5114
Action:  Adopted Resolution No. 65,123–N.S.

Council Consent Items
 
23. Encouraging Economic Development and Increasing City Revenue From Business Activity (PDF)
From: Councilmembers Capitelli, Wengraf and Moore
Recommendation:

1.   Direct the City Manager to immediately implement the following

a.   Institute Early Bird parking at the Center Street, Oxford and Telegraph-Channing Garages. These sites are currently significantly underutilized. Such a program would better serve downtown and Telegraph-area workers and visitors and free up on-street parking. The program should specify:  “In by 9:00 a.m.--Out by 6:00 pm.”

b.   Establish a city-wide parking ‘holiday’ on December 11 and 18 (Saturdays). This will encourage local shopping in the district(s) and give a small indication to local merchants that the City is sensitive to the current difficult business climate.

c.         Direct the City Manager to bring back to the City Council an amendment to Resolution 64,077–N.S. allowing the City Manager, at the recommendation of the Economic Development Manager, to defer zoning fees for new and relocating businesses in commercial districts. These fees would be due concurrent with any business license fee on the third anniversary of the payment of the business license fee.

d.   Mandate a review of the intake process for building permits intended to increase applicant understanding of all requirements that must be met before a permit can be issued.   At present, some applicants claim that they were not notified of all requirements at the beginning of the process and that the issuance of their permit was delayed by what they feel was a “new” requirement.  Consider possible building permit intake session with a staff member who would explain requirements including possible new ones that could be triggered if some threshold is exceeded.  If intake session is not feasible because of staffing, consider improvements to checklists.   

2.  Forward to staff and the Planning Commission recommendations contained in Section B of the report for action.

a.   Suspend Solano Avenue food service quota. A recent survey of over 1300 citizens, 65% of whom lived within 8 blocks of Solano, indicated overwhelming support for removing the quota. There have been several food services desiring to locate on Solano but unable or unwilling to go through the lengthy and costly permitting process of an exception to the quota.

b.   Allow restaurants with seating to obtain a beer/wine license for incidental alcohol service with meals with an AUP rather than a Use Permit and Public Hearing.   Staff will establish a set of standard conditions for alcohol service with meals.  This measure will reduce the time and expense required for restaurants to obtain a permit  while reducing the Planning Dept. workload and allowing planners and ZAB members to spend their time on projects that are more controversial. Any controversial application for restaurant alcohol service could still be set for a public hearing before the ZAB.

c.    Extend hours of operation on Solano Avenue to 11 p.m.  Referencing the above survey, there was overwhelming support for more evening activity on the street.

d.   Allow ‘office retail’, yoga, exercise and dance studios, massage and other types of physical therapy, and artists’ studios up to 2000 square feet on the ground floor with a Zoning Certificate. ‘Office retail’ is defined as office uses generating significant foot traffic as opposed to professional offices that generate little if any such pedestrian activity. Require that storefront windows be transparent and provide pedestrian viewing into the front 20’ of storefront. Zoning Certificate would have attached a standard set of conditions to further protect the public from undesirable uses.

e.   Standardize the parking requirement at 2 spaces per one thousand square feet and maintain the ‘grandfather’ exemption for preexisting buildings.

f.    Investigate providing incentives to property owners to encourage leasing and establish disincentives to motivate property owners not to leave their properties vacant.

g.   Revise sign ordinance to exempt signs for businesses under 2000 square feet from design review by providing basic design standards (material, lettering, illumination, etc.) in addition to existing size and numerical limitations. The design review process is expensive and time consuming and results in new business installing ‘temporary’ banner signs that remain for months or years. Businesses that do not want to conform to the basic design standards could still opt for the conventional design review process.
Financial Implications: Unknown staff time.
Contact: Laurie Capitelli, Councilmember District 5, 981-7150

Action: 

   M/S/C (Worthington/Maio) to adopt the following:

a)         Direct the City Manager to bring back to the City Council an amendment to Resolution 64,077–N.S. allowing the City Manager, at the recommendation of the Economic Development Manager, to defer zoning fees for new and relocating businesses in commercial districts. These fees would be due concurrent with any business license fee on the either the first, second or third anniversary of the payment of the business license fee.  Staff to return with financial implications deference of fees for one, two or three years. 

b)         Mandate a review of the intake process for building permits intended to increase applicant understanding of all requirements that must be met before a permit can be issued.   At present, some applicants claim that they were not notified of all requirements at the beginning of the process and that the issuance of their permit was delayed by what they feel was a “new” requirement.  Consider possible building permit intake session with a staff member who would explain requirements including possible new ones that could be triggered if some threshold is exceeded.  If intake session is not feasible because of staffing, consider improvements to checklists.   

c)         Forward to staff and the Planning Commission recommendations contained in Section B of the report for action.

            i.     Suspend Solano Avenue food service quota. A recent survey of over 1300 citizens, 65% of whom lived within 8 blocks of Solano, indicated overwhelming support for removing the quota. There have been several food services desiring to locate on Solano but unable or unwilling to go through the lengthy and costly permitting process of an exception to the quota.

            ii.    Allow restaurants with seating to obtain a beer/wine license for incidental alcohol service with meals with an AUP rather than a Use Permit and Public Hearing.   Staff will establish a set of standard conditions for alcohol service with meals.  This measure will reduce the time and expense required for restaurants to obtain a permit  while reducing the Planning Dept. workload and allowing planners and ZAB members to spend their time on projects that are more controversial. Any controversial application for restaurant alcohol service could still be set for a public hearing before the ZAB. Staff to clarify what districts should be included.

            iii.   Extend hours of operation on Solano Avenue to 11 pm.  Referencing the above survey, there was overwhelming support for more evening activity on the street.

            iv.   Allow ‘office retail’, yoga, exercise and dance studios, massage and other types of physical therapy, and artists’ studios up to 2000 square feet on the ground floor with a Zoning Certificate. ‘Office retail’ is defined as office uses generating significant foot traffic as opposed to professional offices that generate little if any such pedestrian activity. Require that storefront windows be transparent and provide pedestrian viewing into the front 20’ of storefront. Zoning Certificate would have attached a standard set of conditions to further protect the public from undesirable uses.

            v.    Standardize the parking requirement at 2 spaces per one thousand square feet and maintain the ‘grandfather’ exemption for preexisting buildings.

            vi.   Investigate providing incentives to property owners to encourage leasing and establish disincentives to motivate property owners not to leave their properties vacant.

            vii.  Revise sign ordinance to exempt signs for businesses under 2000 square feet from design review by providing basic design standards (material, lettering, illumination, etc.) in addition to existing size and numerical limitations. The design review process is expensive and time consuming and results in new business installing ‘temporary’ banner signs that remain for months or years. Businesses that do not want to conform to the basic design standards could still opt for the conventional design review process.

      viii.       Consideration of tables, chairs and planters as of right and consistent with American Disability Act (ADA) standards.

 Vote: Ayes -  Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes -  None.

 

2.  M/S/C (Anderson/Moore) to establish a Citywide parking ‘holiday’ on December 18 and 24.

Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak.  Noes: Arreguin, Worthington, Bates.

Recess: 9:43 p.m. – 9:56 p.m.

24. Sponsorship of 27th Annual Telegraph Avenue Holiday Street Fair (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution granting City co-sponsorship to the 27th annual Telegraph Avenue Holiday Street Fair.
Financial Implications: None
Contact: Kriss Worthington, Councilmember District 7, 981-7170
Action:  Adopted Resolution No. 65,124–N.S.

Action Calendar – Appeals

25.  **Removed from Agenda and Continued to December 14, 2010 **ZAB Appeal: 1170 The Alameda
Contact: Dan Marks, Planning and Development, 981-7400

26.  **Removed from Agenda and Continued to December 14, 2010 **ZAB Appeal: 2940 Benvenue Avenue
Contact: Dan Marks, Planning and Development, 981-7400


Action Calendar – Old Business

27. Recognizing the Outstanding Efforts of the Chief of Police Michael Meehan (Continued from October 26, 2010) (PDF)
From: Councilmember Worthington
Recommendation: Recognize and praise the new Chief of Police Michael Meehan and the Berkeley Police Department (BPD) for their success in continuously reducing crime in Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Continued to January 18, 2011.

Action Calendar – New Business

1.   Adopt first reading of an Ordinance amending the FY 2011 Annual Appropriations Ordinance No. 7,147–N.S. for fiscal year 2011 based upon recommended re-appropriation of committed FY 2010 funding and other adjustments authorized since July 1, 2009, in the amount of 44,456,795 (gross) and $42,808,846 (net).

2.   Approve the revised FY 2012 and FY 2013 Biennial Budget development calendar.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

Action:  Moved to Consent Calendar. 

1.   Adopted first reading of Ordinance No. 7,162–N.S. amending the FY 2011 Annual Appropriations Ordinance No. 7,147–N.S. for fiscal year 2011 based upon recommended re-appropriation of committed FY 2010 funding and other adjustments authorized since July 1, 2009, in the amount of 44,456,795 (gross) and $42,808,846 (net). Second reading scheduled for December 14, 2010.

2.   Approved the City Manager’s recommendation to approve the revised FY 2012 and 2013 Biennial Budget development calendar.

Public Hearing Notice of Continuance (PDF)
From: City Manager
Recommendation: Grant the property owner's request to continue consideration of the project to a date not later than January 1, 2012, without opening the public hearing.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to grant the property owner's request to continue consideration of the project to a date not later than January 1, 2012, without opening the public hearing.

30.  Crisis Intervention Training Program

a. From: Mental Health Commission (PDF)
Recommendation:
Adopt a Resolution approving the implementation of an annual Crisis Intervention Training ("CIT") Program for Berkeley Police Officers.
Financial Implications: Unknown
Contact: Beth Meyerson, Health Services, 981-5100
 
b. From: City Manager (PDF)
Recommendation:
The City Manager recommends that no action be taken on the Commission's recommendations until an analysis of the fiscal and operational implications of providing an initial 40 hours of CIT training, with refresher training annually thereafter, to the Berkeley and possibly Albany Police Departments is completed and provided to Council.
Financial Implications: Unknown at this time.
Contact: Beth Meyerson, Health Services, 981-5100
Action: Moved to Consent Calendar.   Approved the City Manager’s recommendation that no action be taken on the Commission’s recommendations until an analysis of the fiscal and operational implications of providing an initial 40 hours of CIT training, with refresher training annually thereafter, to the Berkeley and possibly Albany Police Departments is completed and provide to Council.

31. Official Appointment of Vice-President of the Council (PDF)
From: Mayor Tom Bates
Recommendation: Officially appoint the Vice-President of the Council for a term of one year beginning December 2010 to December 2011.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

Action: Moved to Consent Calendar. Adopted Resolution No. 65,125–N.S. to officially appoint Linda Maio as the Vice-President of the Council for a term of one-year beginning December 2010 to December 2011.


Information Reports

32. FY 2010 Year End Review (PDF)
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Received and filed.
 
33. Update on American Recovery and Reinvestment Act (ARRA) 2009 Funding (PDF)
From: City Manager
Contact: Christine Daniel, Deputy City Manager, 981-7000
Action: Received and filed.

34. Settlement of Claim of PWS, Inc. (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
Action: Received and filed.

35. Audit Update: Response Times to Calls for EMS Could Be Improved (PDF)
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
Action: Received and filed.

36. Fire and Police Departments Diversity Recruitment Plans (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action: Received and filed. Referred to Agenda Committee.

37. Report on the Alameda County Transportation Commission (PDF)
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember District 5, 981-7150
Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0 speakers.


Adjournment: 10:46 p.m.

Communications (PDF) 

Smoke-Free Legislation
1.    Serena Chen – Referred to City Manager by Councilmember Worthington.

Tribute to Mayor Dellums
2.    Esther Taylor

Crime Reduction
3.    Laura Menard

Physical Fitness & COB Employees
4.    Barbara Gilbert

KPFA
5.    Steve Gilmartin
6.    Mara Rivera
7.    Virginia Browning


Supplemental Communications and Reports 1 (PDF)

Item 1: Amendment to Berkeley Municipal Code Section 16.10.050 Granting City Manager Authority to Adopt Implementing Regulations Concerning Equipment in the Public Right of Way

  • Revised materials, submitted by City Attorney’s Office (see agenda item)

Item 13: Extension of Temporary Part-Time Appointment of a Senior Planner
8.    Anne Wagley

Item 34: Settlement of Claim of PWS, Inc.
9.    Steve Schwartz

Supplemental Communications and Reports 2 (PDF)

Item 13: Extension of Temporary Part-Time Appointment of a Senior Planner

  • Supplemental materials, submitted by Human Resources (see agenda item)

Item 14: Extension of Temporary Appointment of a Senior Planner
10. Members of the Berkeley Planning Commission

Item 23: Encouraging Economic Development and Increasing City Revenue from Business Activity
11. Maulin Chokshi

Pedestrian Safety
12. HeLP uS (Hearst & Le Roy Pedestrian Safety)

Muwekma Park
13. Unknown