Regular Meeting Annotated Agenda
December 14, 2010

 

 

 

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.

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, December 14, 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

Preliminary Matters

Roll Call: 7:07 p.m.  All present.

Ceremonial Matters: 

  1. Jerry and Joy Carlin

City Manager Comments:  Due to flooding at 1947 Center Street, the following city services have been temporarily relocated: 

  1. Customer Service counter relocated to 2120 Milvia St.
  2. Vital Statistics counter located at 1947 Center Street – 2nd floor.
  3. Youthworks relocated to main Housing Dept. office at 2180 Milvia St. – 2nd floor.

Public Comment on Non-Agenda Matters: 5 speakers.


Public Comment on Consent Calendar and Information Items Only: 7 speakers.

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

Consent Calendar

1.   Adopt second 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).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,162–N.S.

2. Keith Allen Rarick v. City of Berkeley Settlement (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG10 509005 entitled Rarick v. City of Berkeley, in the amount of $24,000.
Financial Implications: Public Liability Fund - $24,000
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,126–N.S.

3. Repeal of Ordinance No. 7,148–N.S. and Removing Section 23C.04.076 from the Berkeley Municipal Code (PDF) 
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing Ordinance No. 7,148–N.S. and removing section 23C.04.076 from the Berkeley Municipal Code, concerning permit levels for public library projects.
Financial Implications:
None
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted first reading of Ordinance No. 7,163–N.S.  Second reading scheduled for January 18, 2011.

4. Annual Commission Attendance and Meeting Frequency Report (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving a revised commission meeting frequency schedule to add the Medical Cannabis Commission and remove the West Berkeley Project Area Commission; and accept the annual attendance report.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No. 65,127–N.S.
 
5. Initiative Petition – Sunshine Ordinance (PDF)
From: City Manager
Recommendation: Adopt a Resolution acknowledging that the initiative petition for the Sunshine Ordinance contains the requisite number of valid signatures and submit the Sunshine Ordinance to the voters of the City of Berkeley at the November 2012 General Election. 
Financial Implications: General Fund - Approximately $26,000
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Adopted Resolution No. 65,128–N.S.

6.  **Removed from agenda per City Manager**Contract: San Francisco Paramedic Association for Emergency Medical Service - Paramedic Education (Continued from December 7, 2010)
From: City Manager
Contact: Debra Pryor, Fire, 981-3473

7. Administration of Funding Reservation to UA Homes (PDF)
From: City Manager
Recommendation: Amend Resolution No. 64,893-N.S., previously amended by Resolution 65,047-N.S., to:

1.   Waive the Housing Trust Fund (HTF) Guidelines dealing with predevelopment loans limits in order to advance up to $231,000 for UA Homes and,  

2.   Allow the City to reimburse Resources for Community Development (RCD) for predevelopment expenditures approved by staff that are incurred prior to executing the necessary loan documents.
Financial Implications: None
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,129–N.S.

8. Extension of the 2010 Housing Trust Fund Round (PDF)
From: City Manager
Recommendation: Adopt a Resolution extending the deadline for approving fund reservations from the 2010 Housing Trust Fund (HTF) round from December 31, 2010 to December 31, 2011 in order to allow the City to assist projects which could not be funded due to a shortage of available funds in the 2010 Housing Trust Fund account.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,130–N.S.

9. Designating City's Labor Negotiators Under Govt. Code Section 54957.6 (PDF) 
From: City Manager
Recommendation: Rescind Resolution No. 63,978-N.S. and adopt three separate Resolutions:

1.    Establishing the standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with the Berkeley Police Association.

2.   Establishing the standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227.

3.   Establishing the standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with the Service Employees International Union Local 1021 Maintenance and Clerical Chapters, Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association Chapters, Public Employees Union Local 1, International Brotherhood of Electrical Workers Local 1245 and Unrepresented Employees in Representation Units Z1, Z2, Z3 and Z4.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,131–N.S.; Resolution No. 65,132–N.S.; and Resolution No. 65,133–N.S.

10. Contract No. 8216 Amendment: VeriPic Inc. for Digital Evidence Management System (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8216 with VeriPic Inc. for software license/maintenance of the Police Department's digital evidence management system, increasing the amount by $29,102, for a total not to exceed amount of $74,849 for the period December 21, 2009 to November 30, 2013.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,134–N.S.
 
11. Contract: Citation Management, a Division of Duncan Solutions for Handheld Parking Citation Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract for a total amount not to exceed $200,000 with Citation Management, a Division of Duncan Solutions for processing of parking citations through October 31, 2011.
Financial Implications: Parking Fund - $200,000
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,135–N.S.

12. Contract 8417 Amendment: SloanVazquez LLC for an Assessment of the Solid Waste & Recycling Management Division (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8417 with SloanVazquez LLC for an assessment of the Solid Waste and Recycling Division, increasing the contract by $10,000 for a revised amount not to exceed $84,500, and extending the contract term through April 1, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 65,136–N.S.

13. Contract No. 8269 Amendment: Precision Engineering Inc. for Sanitary Sewer Project at Murray Street and Folger Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8269 with Precision Engineering Inc. for sanitary sewer rehabilitation on Murray Street and Folger Avenue, increasing the amount by $250,000 for a total amount not to exceed $1,184,063.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 65,137–N.S.

14. Contract: Redgwick Construction Co. for the Ninth Street Bicycle Boulevard Extension Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving the plans and specifications for the 9th St. Bicycle Boulevard Extension Project, Specification No. 10-10482-C.

2.   Rejecting the bid protest by Ray’s Electric, the fourth lowest bidder.

3.   Accepting the bid of the lowest responsive responsible bidder, Redgwick Construction Co.

4.   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 specifications, in an amount not to exceed $559,130 for the period of 120 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. 65,138–N.S.


Council Consent Items

15. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Berkeley Holiday Fund (PDF) 
From: Councilmember Maio
Recommendation: Adopt a Resolution to approve the expenditure of up to $100 to the Berkeley Holiday Fund with funds relinquished to the City’s general fund for providing services and making the holiday season happier for nearly 900 of Berkeley’s neediest individuals and families by partnering with 24 local service organizations such as the Berkeley Health Department, BOSS, Head Start, Senior Centers, Berkeley Youth Alternatives, and the Salvation Army from Councilmember Maio’s discretionary Council Office Budget.
Financial Implications: Councilmember's Discretionary Fund - $100
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,139 –N.S.
 
16. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Ashkenaz (PDF)
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of up to $100 to Ashkenaz with funds relinquished to the City’s general fund for enriching Berkeley’s music and dance programs for people of all ages, cultures and lifestyles, presenting nightly live music, dance, and movement classes, workshops, programs for children, and benefit shows from Councilmember Maio’s discretionary Council Office Budget.
Financial Implications: Councilmember's Discretionary Funds - $100
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 65,140–N.S.
 

17. Harriet Tubman Terrace Resident Tenant Council - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Anderson
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the Harriet Tubman Terrace Resident Tenant Council with funds relinquished to the City’s general fund purchase food and supplies for its Annual Christmas Celebration on December 18, 2010 from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $250
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 65,141–N.S.

18. Referral to Planning Commission: Telegraph Business Improvement District Letter on Glassblowing Businesses (PDF)
From: Councilmember Worthington
Recommendation: Refer to the Planning Commission a letter sent by the Telegraph Business Improvement District on glassblowing businesses in the Telegraph area.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

19. Referral to City Manager: Consideration of Additional Taxi Stand Locations and Report on ‘Parking-Gate’ (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager the consideration of additional taxi stand locations within the City of Berkeley, and resolve the issue of Parking-gate via report.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.


Action Calendar - Appeals

20. ZAB Appeal: 1668 Capistrano Avenue (PDF)
1668 Capistrano Avenue Administrative Record (PDF)
From: City Manager
Recommendation: Adopt a Resolution denying the appeal and upholding the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 10-20000057 to construct a 922 sq. ft., second-story addition, thereby increasing the average height of the building from 17'2'' in average height to 26'9'' in average height.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Maio/Moore) to adopt Resolution No. 65,142–N.S. denying the appeal and upholding the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 10-20000057 to construct a 922 sq. ft., second-story addition, thereby increasing the average height of the building from 17’2” in average height to 26’9” in average height.

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

21. ZAB Appeal: 1170 The Alameda (PDF)
1170 The Alameda Administrative Record (PDF)
From: City Manager 
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000028 to construct an addition to the North Branch of the Berkeley Public Library (1170 The Alameda).
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action: Appeal withdrawn by City Manager.

22. ZAB Appeal: 2940 Benvenue Avenue (PDF)
2940 Benvenue Avenue Administrative Record (PDF)
From: City Manager 
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000027 to construct an addition to the Claremont Branch of the Berkeley Public Library (2940 Benvenue Avenue).
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400 

Action: Appeal withdrawn by City Manager.

Action Calendar – New Business


23.  City of Berkeley Responsible Banking Policy

a. From: Human Welfare and Community Action Commission (PDF)
Recommendation:
Direct the City Manager to review the impact of enacting a banking policy that gives preference for City banking, depository and investment relationships to banks and other institutions that meet a set of community reinvestment goals such as loans to local homeowners and businesses, the establishment of local branches in low income communities, and local employment opportunities.
Financial Implications: See report
Contact: Leah Talley, Commission Secretary, 981-5400
 
b. From: City Manager (PDF)
Recommendation:
Continue banking with current partner and direct limited staff resources to pursue a dialogue with Wells Fargo Bank about community needs to ensure that Wells Fargo includes Berkeley in its economic recovery agenda.
Financial Implications: None
Contact: Jane Micallef, Housing, 981-5400

Action: 1 speaker.  M/S/C (Worthington/Capitelli) to

1.    Continue banking with current partner and direct limited staff resources to pursue a dialogue with Wells Fargo Bank about community needs to ensure that Wells Fargo includes Berkeley in its economic recovery agenda

2.    Encourage staff to consult with the Human Welfare and Community Action Commission during the next request for proposal (RFP) process.

3.    City Manager to return to Council with information regarding RFP process.

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

24. Authorization to Sign Downtown PBID Petition and Ballot on Behalf of the City and Contingent Funding for Program Based on Increased Downtown Parking Meter Rates (PDF)
From: City Manager
Recommendation:  Adopt a Resolution:

1.   Authorizing the City Manager to approve and sign the “Preliminary Petition to Form the Downtown Berkeley Property-Based Business Improvement District” document on behalf of City-owned properties in the proposed Downtown PBID area; and

2.   In the event the petition is successful in triggering a ballot process to establish a Downtown PBID, authorizing the City Manager to vote YES on any ballots on behalf of City-owned properties in the proposed Downtown PBID area; and

3.   Request that the City Manager come back with an Ordinance to increase Downtown parking meter rates by 25 cents per hour to fund this program. This Ordinance would be contingent on successful establishment of the Downtown PBID and would take effect the date that the PBID officially commences.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Action: 0 speakers.

1.  M/S/C (Wozniak/Moore) to adopt Resolution No. 65,143–N.S.:

Authorizing the City Manager to approve and sign the “Preliminary Petition to Form the Downtown Berkeley Property-Based Business Improvement District” document on behalf of City-owned properties in the proposed Downtown PBID area; and Requesting that the City Manager review the possibility of an Ordinance to increase Downtown parking meter rates by 25 cents per hour to or other options fund this program. The Ordinance would be contingent on successful establishment of the Downtown PBID and would take effect the date that the PBID officially commences.

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

2.    M/S/C (Wozniak/Moore) to adopt Resolution No. 65,144–N.S.:

Authorizing the City Manager to vote YES on any ballots on behalf of City-owned properties in the proposed Downtown PBID area in the event the petition is successful in triggering a ballot process to establish a Downtown PBID.

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

25. Response to Peace and Justice Commission report entitled "Opposition to Secure Communities" (PDF)
From: City Manager
Recommendation:

1.   Do not adopt the proposed Resolution by the Peace and Justice Commission (“PJC”) regarding the federal government’s “Secure Communities” program, and

2.   If Council would like to voice opposition to the Secure Communities program, direct the City Clerk to send a letter requesting the Governor-elect and the state Attorney General-elect to either:

a.         Stop the state Department of Justice (“DOJ”) from sharing arrestee fingerprint data with federal law enforcement agencies for the purpose of deporting illegal immigrants arrested for minor crimes; or

b.         Have California opt out of the Secure Communities program altogether.
Financial Implications: None
Contact: Michael Meehan, Police, 981-5700

Action: 4 speakers. M/S/C (Worthington/Arreguin) to refer the item to the Agenda Committee and direct the City Clerk to send a letter requesting the Governor and the state Attorney General to either:

a.         Stop the state Department of Justice (“DOJ”) from sharing arrestee fingerprint data with federal law enforcement agencies for the purpose of deporting illegal immigrants arrested for minor crimes; or

b.         Have California opt out of the Secure Communities program altogether.

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

26. Support and Free Pfc. Bradley Manning and Proclaim Him a Hero (PDF)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution to support and free Pfc. Bradley Manning and proclaim him a hero.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114

Action: 19 speakers. M/S/C (Maio/Capitelli) to table the motion.

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


Action Calendar – Council Items

27. Urging Pacifica to Reinstate KPFA’s Morning Show (PDF)
From: Councilmember Moore
Recommendation: Adopt a Resolution calling for Pacifica to reinstate KPFA’s Morning Show and send a letter to Arlene Engelhardt, Pacifica’s Executive Director, and Pacifica’s National Board.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action: 34 speakers. No action taken.

28. Disclosure of Cell Phone Radiation Output (PDF)
From: Councilmembers Anderson, Capitelli, Wengraf and Wozniak
Recommendation: 

1. Direct the City Manager to draft an ordinance (modeled after the San Francisco ordinance) requiring SAR disclosure for all cell phones available for sale or lease in the City of Berkeley and present to council for adoption within 60 days hereof.

2. Adopt a Resolution to refer to the Community Health Commission, the Community Environmental Advisory Commission, and the Youth Commission a request for information to recommend additional actions to be taken to insure the public’s right to know and enhance the public’s ability to make informed decisions regarding cell phone use.

Financial Implications: None

Contact: Max Anderson, Councilmember, District 3, 981-7130

Action: Moved to Consent Calendar. Approved Councilmembers Anderson, Capitelli, Wengraf and Wozniak’s revised recommendation to:

1. Direct the City Manager to draft an ordinance (modeled after the San Francisco ordinance) requiring SAR disclosure for all cell phones available for sale or lease in the City of Berkeley and present to council for adoption within 120 days hereof.

2. Adopt Resolution No. 65,145–N.S. to refer to the Community Health Commission, the Community Environmental Advisory Commission, and the Youth Commission a request for information to recommend additional actions to be taken to insure the public’s right to know and enhance the public’s ability to make informed decisions regarding cell phone use.


Information Reports

29. Impacts of Establishing a Citywide Parking Holiday on December 18 and 24 (PDF)
From: City Manager
Contact: Phil Kamlarz, City Manager, 981-7000
Action: Received and filed.
 
30. Report on Meeting Regarding Aggressive Deer (PDF)
From: Councilmembers Capitelli and Wengraf
Contact: Laurie Capitelli, Councilmember District 5, 981-7150
Action: Received and filed.

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


Adjourned at: 11:27p.m.


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.