Regular Meeting Annotated Agenda
January 18, 2011

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, January 18, 2011
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: 7:01 p.m.  Absent: Councilmember Anderson.

Ceremonial Matters: 

  1. Tim Moellering
  2. Covenant Worship Center for its community service project on Dr. Martin Luther King Jr Day
  3. Year of the Black Man

City Manager Comments:  Countywide homeless count begins January 25, 2011. 

Public Comment on Non-Agenda Matters: 4 speakers.


Public Comment on Consent Calendar and Information Items Only: 6 speakers.

Consent Calendar

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

1. 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 second reading of Ordinance No. 7,163–N.S. 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
First Reading Vote: All Ayes.
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,163–N.S.; Absent - Anderson

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
Action: Adopted Resolution No. 65,146–N.S.; Absent - Anderson

3. Revised Conflict of Interest Code (PDF) 
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
Action: Adopted Resolution No. 65,147–N.S.; Absent - Anderson

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
Action: Approved minutes as submitted.

5. Contract: Easy Does It Services (EDI) for Measure B Paratransit Services (PDF)
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
Action: Adopted Resolution No. 65,148–N.S.; Absent - Anderson

6. Sex Reassignment Surgery Policy and Fund (PDF)
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
Action: Continued to February 15, 2011.

7. Contract No. 7394 Amendment: New World Systems, Incorporated for Public Safety Computer System (PDF)
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
Action: Adopted Resolution No. 65,149–N.S.; Absent - Anderson

8. Revenue Contract: Quantum Energy Services & Technologies, Inc. (QuEST) for implementation of the Multifamily Energy Efficiency Project and Commercial Integrated Services Project (PDF)
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
Action: Adopted Resolution No. 65,150–N.S.; Absent - Anderson

9. Early Bird Parking Fee Schedule for City-Owned Garages (PDF)
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
Action: Continued to February 8, 2011.

10. Agreement: City of Emeryville - Scope and Funding Agreement for the 9th Street Bicycle Boulevard Extension Project (PDF)
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
Action: Adopted Resolution No. 65,151–N.S.; Absent - Anderson

11. Contract: S & H Concrete Construction for FY 2011 Emergency Sidewalk Project (PDF)
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
Action: Adopted Resolution No. 65,152–N.S.; Absent - Anderson

12. Contract: D'Arcy & Harty Construction Inc. for Sanitary Sewer Project for Buena Vista Way, Del Mar Avenue, Virginia Street, Euclid Avenue (PDF) 
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
Action: Adopted Resolution No. 65,153–N.S.; Absent - Anderson

13. Major Encroachment Permit: Berkeley Public Library - North Branch (PDF) 
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
Action: Adopted Resolution No. 65,154–N.S.; Absent - Anderson

14. Property and Evidence Room POST Study: Follow-Up Report (PDF)
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
Action: Approved recommendation.

15. Renaming of the Citizens Humane Commission to the Berkeley Animal Care Commission and Amending BMC Chapter 3.08 (PDF)
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
Action: Adopted first reading of Ordinance No. 7,164–N.S.  Second reading scheduled for January 25, 2011; Absent - Anderson


Council Consent Items

16. Various Appointments to Committees, Commissions, and Regional Bodies (PDF)
Supplemental Agenda Material (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
Action: Adopted Resolution No. 65,155–N.S. revised to appoint Councilmember Worthington and re-appoint Councilmember Moore as alternate to the League of California Cities – East Bay Division; Absent - Anderson
 
17. Berkeley Public Library Foundation's "9th Annual Author's Dinner" - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Wengraf, Moore and Mayor Bates
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
Action: Adopted Resolution No. 65,156–N.S.; Absent - Anderson

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: Approved recommendation.

Action Calendar

19. Contract: Community Workforce Agreement with Building Trades Council, et. al. for Construction Projects over $1 Million (PDF) 
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
Action: 10 speakers.  M/S/C (Worthington/Moore) to adopt Resolution No. 65,157–N.S. 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.
Vote: Ayes - Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates;  Absent - Anderson.

20. 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 - $7,475,000 – 8,075,000
Contact: Robert Hicks, Finance, 981-7300
Action: M/S/C (Moore/Maio) to approve the City Manager’s recommendation to 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.
Vote: Ayes - Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates;  Absent - Anderson.

Recess: 8:25 p.m. – 8:39 p.m.

Action Calendar – Appeals

21. ZAB Appeal: 1425 Henry Place/1444 Shattuck Avenue (PDF)
Administrative Record Part 1 (PDF)
Administrative Record Part 2 (PDF) 
Administrative Record Part 3 (PDF) 
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

Action: M/S/C (Capitelli/Worthington) to adopt Resolution No. 65,158–N.S. 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).
Vote: Ayes - Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates;  Absent - Anderson.

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
Action: Received and filed.

24. Status Report: Public Works Contract Monitoring: Risk of Overpayment/Lack of Inventory Controls (PDF) 
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.


Public Comment – Including Items Not Listed on the Agenda – 2 speakers.


Adjourned at: 9:26 p.m. in honor of Tim Moellering and Albert Ghiorso.


Communications

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 – Referred to City Manager by Councilmembers Arreguin and Worthington.

Affordable Housing
7.    Stephen Wollmer – Referred to City Manager by Councilmember Arreguin.

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

Supplemental Communications and Reports 1

Item 6: Sex Reassignment Surgery Policy and Fund
19. jklitval@***.net

Item 19: Contract: Community Workforce Agreement with Building Trades Council, et. al. for Construction Projects over $1 Million
20. Nicole Goehring (2)
21. Eric Christen

Item 21: ZAB Appeal: 1425 Henry Place/1444 Shattuck Avenue
22. Rena Rickles

Supplemental Communications and Reports 2

Item 6: Sex Reassignment Surgery Policy and Fund
23. Bill McIntyre
24. Shahin Shiralian
25. Rosalyn & Dextor Tademy

Item 16: Various Appointments to Committees, Commissions, and Regional Bodies

Item 21: ZAB Appeal: 1425 Henry Place/1444 Shattuck Avenue
26. Laurie Capitelli, District 5
27. Andy Jokelson
28. Unknown (2)

Presentation @ McGee Avenue Baptist Church
29. Unknown

Branding Business of Private Berkeley
30. Donald Dean Carlson