Regular Meeting eAgenda
March 29, 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: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, March 29, 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

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. 7,167–N.S. amending BMC Chapters 23E.28 (Parking), 23E.72 (Manufacturing District), 23E.76 (Mixed-Manufacturing), 23E.80 (Mixed Use-Light Industrial), 23E.84 (Mixed Use-Residential) and 23F.04 (Definitions).
First Reading Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Youth Engagement Advocacy Housing to provide services and supports to transition aged youth (aged 18-25) for the period November 1, 2010, through June 30, 2011in an amount not to exceed $26,520.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Authorizing the City Manager or his designee to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $172,604 for the period January 1, 2011 through December 31, 2011, and 
2.   Authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving plans and specifications for the Berkeley Public Library Claremont Branch Improvement Project;
2.   Rejecting the Bid Protest of BHM Construction, Inc.;
3.   Accepting the bid of Fine Line Construction; and
4.   Authorizing the City Manager to execute a contract, amendments, and any extensions or change orders until completion of the project in an amount not to exceed $3,300,000 which includes a contingency of approximately 11%.
Financial Implications: See report
Contact: Donna Corbeil, Library, 981-6100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7760 with Siemens Industry, Inc. to provide repairs to essential fire and life safety systems monitoring equipment, increasing the contract amount by $8,500 for a total contract amount not to exceed $58,500.
Financial Implications: Building Purchases and Management Fund - $8,500
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7810A in an amount not to exceed $25,000 with Noll & Tam Architects and Planners for architectural and electrical engineering services for the Transfer Station PC Scale Project, for a total contract not to exceed $188,000 and extending the contract period three months, through December 31, 2011.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8479 with Ghilotti Bros / Cooper Crane, JV, for the Marina Pile Replacement Project, increasing the contract not to exceed amount by $202,000, for a total contract amount not to exceed $490,000.
Financial Implications: Marina Operations/Maintenance Fund - $202,000
Contact: Andrew Clough, Public Works, 981-6300
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with Community Design + Architecture, Inc. in an amount not to exceed $296,370 to provide architectural and engineering design services for the West Street Pathway project for the period March 30, 2011 through March 30, 2013.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution to: 
1.   Approve the Engineer's Report, Street Lighting Assessment District 1982-1, dated February 2011; 
2.   Set a public hearing to be held before Council at its May 17, 2011 meeting; and  3.  Authorize the City Clerk to publish the notice of the public hearing for FY 2012 Levy of Assessments of Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
Recommendation: Adopt a Resolution approving use of Proposition 1B 2009 Allocation funding of $261,346 for the Sacramento Street Overlay Project from University Avenue to Dwight Way.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving plans and specifications for the Street Rehabilitation FY 2011 Project, 11-10560-C;
2.   Accepting the bid of MCK Services, Inc.; 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 plans and specifications in an amount not to exceed $1,557,466.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a list of transportation projects and programs, consistent with City Council direction as advised by the Transportation Commission, to the 2012 Alameda Countywide Transportation Plan, which, upon adoption, will be included in the Metropolitan Transportation Commission's Regional Transportation Plan.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
 
From: Commission on Labor
Recommendation: Adopt a Resolution encouraging Berkeley Unified School District to adopt a Sweatfree Schools program.
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-5400
 
From: Transportation Commission
Recommendation: Adopt a Resolution:
1.   Approving the July 8, 2010 list of priority projects, as approved by vote of the Transportation Commission on July 15, 2010,  as the City's preferred mitigations to environmental impacts from the construction of the 4th Bore of the Caldecott Tunnel;  and 
2.   Authorizing the City Manager to accept $2 million from Caltrans as reimbursements for Ashby corridor mitigation projects according to the terms outlined  in the January 2009 settlement agreement with the 4th Bore Coalition;  and 3. Authorizing the advance of General Funds to cover costs until reimbursement from Caltrans; and
4.   Directing staff to implement as many of these projects as feasible in priority order for an amount not to exceed the $2 million of committed settlement funds, with the objective of completing project delivery in approximately 2 years so mitigations can be in place prior to the opening of Caldecott 4th Bore to traffic.
Financial Implications: See report
Contact: Farid Javandel, Commission Secretary, 981-6300
 
From: Waterfront Commission
Recommendation: Refer to the City Manager the recommendations of the Waterfront Commission regarding overflow parking conditions for the lease with WETA for the proposed Ferry Terminal at the Berkeley Marina.
Financial Implications: None
Contact: John Mann, Commission Secretary, 981-6700
 
From: Auditor
Recommendation: Request the City Manager to report back on or before September 27, 2011 on the implementation status of the City Auditor's recommendations. Report back no later than every six months until fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-675

 
Council Consent Items
 
From: Mayor Bates
Recommendation: Approve the attached proclamation honoring Dorothy Walker for her life time of contributions to the City of Berkeley.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Assembly Bill (AB) 1081, authored by Assemblymember Tom Ammiano, which gives California local governments the discretion to decide whether to participate in the federal Secure Communities and would require those local governments that do participate in the Secure Communities program to implement plans to safeguard against racial profiling and exceptions to implementation to protect victims of domestic violence, juveniles and limiting the use of fingerprint information to only those convicted of a crime.  This action obviates the need for the Commission’s action of March 7, 2011 on the same topic to be brought forward to the City Council.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 to Mario’s La Fiesta for the purposes of catering food to the City of Berkeley’s Cesar E. Chavez Commemoration celebration. The $250 total shall be equally relinquished from the discretionary Council Office Budgets of Councilmembers Jesse Arreguín and Kriss Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Fund - $250
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Arreguin and Worthington
Recommendation: Adopt a Proclamation to be awarded to the winners of the 2011 César E. Chávez Commemoration Writing Contest.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Worthington and Anderson
Recommendation: Adopt a Proclamation declaring June 18th as Maudelle Shirek Day to honor her for a lifetime of service.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington and Anderson
Recommendation: Adopt a Resolution to approve the expenditure of up to $100 per Councilmember to Maudelle Shirek’s 100th birthday celebration, with funds relinquished to the City’s general fund for this purpose from each Councilmember’s discretionary Council Office Budget.
Financial Implications: Councilmember’s Discretionary Fund - $100
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution to officially sponsor the 2011 San Francisco LGTB Pride.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $230 per Councilmember to the San Francisco LGBT Pride with funds relinquished to the City’s general fund for this purpose that the City of Berkeley be represented at the SF LGTB Pride Parade and for costs of having a contingent in the parade from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $230
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution establishing that the City of Berkeley co-sponsor the 2011 Telegraph LastSundays Fests in collaboration with the Telegraph Business Improvement Association.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager a comprehensive number of issues concerning taxi operations in the City of Berkeley, and request that the City Manager formally respond, in writing, to Berkeley Taxi Cab Association's October 4 letter and accompanying grievances.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Send a letter to AC Transit, asking to participate in two key aspects of Bus Rapid Transit (BRT): level boarding and prepaid boarding.
Financial Implications: To be funded by regional or state transit funds.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Referral to the City Manager to consider the replacement of an ineffective Shattuck and Oregon Street sign with an effective pedestrian sign.
Financial Implications: Unknown
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: Hold a discussion regarding amendments to the Zoning Ordinance about “protected spaces” and provide direction to staff.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
Action Calendar – Council Items
 
From: Councilmember Worthington
Recommendation: Send a letter to Senator Dianne Feinstein and Senator Barbara Boxer supporting AARP’s petition to oppose cuts to Social Security and Medicare benefits.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
31.**Withdrawn from agenda by Councilmember Wozniak**22 Roble Rd: Certify LPC Decision for Review and Set Public Hearing for May 17, 2011
From: Councilmember Wozniak
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

 
Information Report
 
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

 
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 March 24, 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.
 
Walter Hood Proposal for Center Street
1.    Sarah Syed, on behalf of the Sierra Club
 
Special Programming Concern
2.    Helen Wheeler
 
Noise Complaint
3.    Susan Cayanne