Regular Meeting eAgenda
January 18, 2011

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, January 18, 2011
 
7:00 P.M.
 
COUNCIL CHAMBERS – 2134 MARTIN LUTHER KNG 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.

From: City Manager
Financial Implications: None
First Reading Vote: All Ayes.
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. HG 10 510371 entitled Mitchell v. City of Berkeley, in the amount of $50,000.
Financial Implications: Public Liability Fund - $50,000
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 65,068-N.S.; and adopting a revised Conflict of Interest Code for the City of Berkeley to include the recently restructured Medical Cannabis Commission.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
4.   Minutes for Approval (PDF)
From: City Manager 
Recommendation: Approve the minutes for the Council meetings of December 7, 2010 (special and regular), December 13, 2010 (special closed), and December 14, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Easy Does It Services from June 1, 2010 through June 30, 2012 in an amount not to exceed $50,000.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to implement a Sex Reassignment Surgery Policy and establishing a fund in the amount of $20,000 each fiscal year to reimburse eligible employees for a portion of the costs associated with Sex Reassignment Surgery (SRS).
Financial Implications: Employee Benefit Trust Fund - $20,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 7394 with New World Systems, Incorporated, increasing the amount by $369,600, for a total contract amount not to exceed $2,637,600 for the period September 1, 2006 to June 30, 2013.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, including any changes to revenue contract dollar amount, with Quantum Energy Services & Technologies, Inc. (QuEST) for the approximate period February 1, 2011 through December 31, 2012 in the approximate amount of $265,500 in revenues for the implementation of the Multifamily Energy Efficiency Project and the Commercial Integrated Services Project.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution to:
1. Establish policies and fee schedules to include Early Bird rates for the Center Street Garage and Telegraph/Channing Garage; and
2. Rescind Resolution No. 64,713-N.S.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any resultant amendments with the City of Emeryville for the design and construction of the 9th Street Bicycle Boulevard Extension project, and accept funding not to exceed $154,000 from the City of Emeryville.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution:
1) Approving specifications for the FY 2011 Emergency Sidewalk Project 11-10557-C;
2) Accepting the bid of S & H Concrete Construction; and
3) Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved specifications, in an amount not to exceed $274,320, for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: Various Funds - $274,320
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution:
1)  Approving the plans and specifications for the Sanitary Sewer Project, 10-10481-C, located on Buena Vista Way, Del Mar Avenue, Virginia Street, Euclid 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 $814,036 for the period of 160 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $814,036
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit to The North Branch of the Berkeley Public Library, for seat walls, accessible ramp, steps and benches encroaching into the public right of way of Hopkins Street and The Alameda.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
 
From: Auditor
Recommendation: Request the City Manager to report back on or before July 19, 2011 on the implementation status of the City Auditor and California Commission on Peace Officer Standards and Training (POST) Study recommendations. Report back no later than every six months, thereafter, until fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
From: Citizens Humane Commission
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 3.08 to change the name of the Citizens Humane Commission to the Berkeley Animal Care Commission and amending Berkeley Municipal Code Section 3.08.010.
Financial Implications: None
Contact: Kate O’Connor, Commission Secretary, 981-7000

 
Council Consent Items
 
       Revised materials (PDF) 
From: Mayor Bates
Recommendation: Adopt a Resolution approving various appointments to committees, commissions, and regional bodies.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $300 per Councilmember to the Berkeley Public Library Foundation's "9th Annual Author's Dinner" with funds relinquished to the City's General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers’ Discretionary Funds - $300
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
18.  Proclamation: Recognition of RISE (PDF)
From: Councilmembers Worthington, Anderson and Arreguin 
Recommendation: Adopt a proclamation recognizing and celebrating Berkeley High's RISE (Responsibility, Integrity, Strength, Empowerment) program.
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.
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the Building Trades Council and twenty two labor organizations regarding the provision of labor to City construction projects in excess of $1 million dollars for a term of three years.
Financial Implications: See report
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
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 - $7,475,000 – 8,075,000
Contact: Robert Hicks, Finance, 981-7300

 
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.
 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 09-10000104 to modify Use Permit No. A904, remodel an existing 28,250 sq. ft. grocery store, construct 17,250 sq. ft. of new floor area, and extend the hours of operation, in the Commercial, North Shattuck Zoning District (C-NS).
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
b. Communications
1.    Heather Hensley
2.    Linda Harris

 
Information Reports
 
22.**Removed from Agenda by City Manager**Replacement of Wells Fargo On-line Payment System by Official Payments Corporation, OPC
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
 
23.  Temporary Employee Extension (PDF)
From: City Manager 
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
 
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.
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 January 13, 2011.
 
Deanna Despain, CMC, City Clerk

 
 
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.
 
Item 1: Repeal of Ordinance No. 7,148–N.S. and Removing Section 23C.04.076 from the Berkeley Municipal Code
1.    Susan Cerny
2.    Stephanie Manning
 
Support for South & West Branch Libraries
3.    Debbie Carton, on behalf of SEIU 1021 (2)
 
3M Contract
4.    Peace & Justice Commission
 
Support of SOSIP Plan
5.    Dave Campbell, on behalf of the Bicycle-Friendly Berkeley Coalition
 
EGRET / Partners for Parks
6.    Daniel Miller
 
Affordable Housing
7.    Stephen Wollmer
 
Extension of Temporary Part-Time Appointment of a Senior Planner
8.    Robert Johnson
9.    Anne Wagley
10. Gary Parsons
11. Steven Winkel
 
Smart Meters
12. Eduardo & Carrie Teixeira
 
Parking Issues
13. Lee Rutter
14. Rebecca
 
Bradley Manning
15. Curtis Cooper
16. Thomas Hawes
 
1900 Martin Luther King Jr. Block Issues
17. Bernt Wahl
 
Liability Policy of Parks, Recreation & Waterfront Department
18. Mary Ann Clegg