Regular Meeting eAgenda
February 8, 2011

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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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REVISED AGENDA #2 (ADDED ADDITIONAL MEETING LOCATION TO ACCOMMODATE TELECONFERENCING)
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, February 8, 2011
 
7:00 P.M.
 
Council Chambers - 2134 Martin Luther King Jr. Way
1901 Alcatraz Avenue
 
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
Recommendation: Adopt second reading of Ordinance No. 7,165-N.S.codifying the existing practice for permitting telecommunications facilities in the public right of way under BMC Chapter 16.10.
Financial Implications: None
First Reading Vote: Ayes: Maio, Moore Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Anderson.
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 18, 2011 (special and regular), January 25, 2011 (special and regular) and January 31, 2011 (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
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 - $100,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with PayLock, Inc. to operate a vehicle immobilizer ("boot") program within the City of Berkeley, for the period January 1, 2011 to November 30, 2014, at no cost to the City.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract Nos. 7188 with Avenue Towing (CMS No. N1ADP), 7190 with Berry Brothers Towing (CMS No. P4RKS), 7191A with East Bay Tow (CMS No. HPTEJ) and 7189B with Husteads Inc. (CMS No. IBT13) in an amount not to exceed $35,000 annually, to provide necessary towing services as required by the City of Berkeley Police Department for a period of one year.  The amended contract is to start March 1, 2011 and end February 29, 2012.  These contracts have the option to renew annually for up to four additional years.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8112B with Blackshear Construction, increasing the contract by $241,694 to include bearing capacity requirements, stormwater treatment measures, and to meet Fire Department operational needs in the building and onsite, for a total contract amount not to exceed $1,945,879 for all services.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
Recommendation: Adopt two Resolutions authorizing the City Manager to:
1.   Execute a contract and any amendments with Commuter Check Services Corporation (CCSC), a subsidiary of Edendred USA, to provide third-party administrator services for the City of Berkeley's Employee Commute Benefit Program for an amount not to exceed $120,000 for the period of April 1, 2011 through June 30, 2014; and
2.   Amend Contract No. 6855C with the City's current third-party administrator, Employee Benefit Specialists, Inc. (EBS), to ensure a seamless transition, increasing the contract amount by $12,100 for a total amount not to exceed $224,615, and extend the contract period through July 30, 2011.
Financial Implications: Payroll Deduction Trust Fund - $132,100
Contact: Andrew Clough, Public Works, 981-6300
 
8. **Removed from agenda per City Manager**Early Bird Parking Fee Schedule for City-Owned Garages (continued from January 18, 2011)
Contact: Andrew Clough, Public Works, 981-6300

 
Council Consent Items
 
From: Mayor Bates
Recommendation: Excuse Councilmember Anderson from attendance at the City Council meetings on January 18, 2011 and January 25, 2011 as a result of illness.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
 
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 from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute to purchase food and supplies for its Annual Black History Celebration on February 26, 2011 for its long time Berkeley tenants that will have entertainment and social networking to provide enhanced mental health for their peers which helps to support the City's policies of public safety, non-discrimination and support of public health.
Financial Implications: Councilmember's Discretionary Funds - $250
Contact: Max Anderson, Councilmember, District 3, 981-7130
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution in support of Assembly Bill (AB) 153, authored by Assemblymember Nancy Skinner, which requires out-of-state online only retailers to collect the same sales tax California businesses are required to collect.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $1,000 per Councilmember to the Persian Center for the Persian New Year Festival with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Jesse Arreguín and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $1,000
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

 
Action Calendar
 
After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.
 
The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

 
Action Calendar – Public Hearing
 
Staff shall introduce the public hearing item and present their comments. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.
 
Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.
 
From: City Manager
Recommendation: Continue a Public Hearing from January 25, 2011, and upon conclusion, direct staff to return with appropriate CEQA findings and ordinances to adopt the proposed modifications to the Zoning Ordinance and the West Berkeley Plan.  These changes are proposed in order to facilitate the reuse of existing buildings, the development of large multi-parcel sites, and the start-up of new types of industrial activities.  Changes proposed in zoning code sections (BMC 23B.36, 23E.28, 23E.72, 23E.76, 23E.80, and 23F.04) and to the West Berkeley Plan, Section 1.Land Use, Subsection VII Land Use Regulations of the West Berkeley Plan – For Adoption in Principle, pages 42 ff.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
b. Communications
1.    Edward Moore

 
Action Calendar – Old Business
 
14.  KPFA and Pacifica Foundation
From: Councilmembers Arreguin and Moore
Recommendation: Adopt a Resolution calling on the management of Pacifica Radio to negotiate in good-faith with Communication Workers of America, Local 9415.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Commission on Labor
Recommendation: Adopt a Resolution recommending that Council call on the management of Pacifica radio to negotiate in good-faith with Communication Workers of America Local 9415 in an effort to seek a fair and speedy resolution, and that the Council of the City of Berkeley or its designee offer to provide mediation assistance to the disputing parties.
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-5400

 
Action Calendar – Council Items
 
Recommendation: Adopt a Resolution supporting AB 37, which suspends “smart meter” installations until “opt-out” alternatives are developed for customers.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

 
Information Reports
 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

 
Public Comment – Including Items Not Listed on the Agenda – 

 
Adjournment
 
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
 
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
 
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.
 
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 February 3, 2011.
 
Deanna Despain, City Clerk

 
Communications
 
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
 
Berkeley Public Library and Nuclear Free Berkeley Act
1.    Gene Bernardi