Regular Meeting eAgenda
July 19, 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: 

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REVISED AGENDA
 
(ADDED CONTINUED ITEMS FROM JULY 12, 2011)
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, July 19, 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, CMC, 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.

Consent Calendar - Continued Business

A.   Repeal Subsection 701.4 (Certification of Gas Heating Equipment) of Berkeley Municipal Code Section 19.40.040 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,196–N.S. repealing Subsection 704.1 Certification of Gas Heating equipment, of Berkeley Municipal Code Section 19.40.040.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Jane Micallef, Housing, 981-5400

B.   Lease Agreement: 80 Bolivar Drive (North Building) in Aquatic Park with Waterside Workshop (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,197–N.S. authorizing the City Manager to execute a lease agreement with Waterside Workshop for the North Building at 80 Bolivar Drive in Aquatic Park for a lease term to begin September 1, 2011 for 5 years with one option for another five years.
Financial Implications: Parks Tax Fund - $1,500 (revenue)
First Reading Vote: All Ayes
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

C.   Acceptance of the 1200 Ashby Avenue Offer of Dedication (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,198–N.S. authorizing the City Manager to accept the 1200 Ashby Avenue Offer of Dedication for a five-foot strip of land adjacent to Ashby Avenue intended to facilitate traffic improvements to the Ashby/San Pablo intersection.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Wendy Cosin, Planning and Development, 981-7400

D.   Lease Amendment: 2118 Milvia Street (PDF) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,199–N.S. authorizing the City Manager to execute an 84-month lease amendment with N.E.W. Milvia Property LLC for real property located at 2118 Milvia Street, to house the Planning and Development Department for the period September 1, 2011 through August 31, 2018.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Wendy Cosin, Planning and Development, 981-7400

E.   Repeal and Reenact BMC Chapter 17.24 Abatement of Nonconforming/Substandard Sewer Laterals on Private Property and Amend BMC Section 17.16.010 Regulating Installation of Sewer Laterals (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,200–N.S.:
1. Repealing and reenacting Chapter 17.24 of the Berkeley Municipal Code (BMC) regulating Private Sewer Laterals; and
2. Amending BMC Section 17.16.010 regulating installation of Sewer Laterals.
Financial Implications: No direct fiscal impacts
First Reading Vote: All Ayes
Contact: Andrew Clough, Public Works, 981-6300

F.   Grant of Easement to EBMUD at 1 and 80 Bolivar Drive (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,201–N.S. authorizing the City Manager to execute an agreement to grant an easement (Exhibit A) to East Bay Municipal Utility District (EBMUD) for installation of a main water line extension, maintenance, and transmission of water service to 1 Bolivar Drive for the new Dona Spring Animal Shelter.
Financial Implications: See report
First Reading: All Ayes
Contact: Andrew Clough, Public Works, 981-6300

G.   Lease Amendment: 1 Bolivar Drive AT&T Wireless Cell Site (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,202–N.S. authorizing the City Manager to execute an amendment to the cell site lease with AT&T Wireless (also known as New Cingular Wireless PCS, LLC) and any other amendments thereto through completion of construction of the Animal Shelter project at 1 Bolivar Drive as authorized by Ordinance No. 7,054–N.S. (Exhibit A).
Financial Implications: None
First Reading Vote: All Ayes
Contact: Andrew Clough, Public Works, 981-6300

H.   Amending Chapters 14.48 and 16.18 of the BMC to Establish Public Works Department Administration of Sidewalk Café Seating, Benches and Planters (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,203–N.S. amending Chapters 14.48 and 16.18 of the Berkeley Municipal Code (BMC) to establish non-discretionary permit requirements for Sidewalk Café Seating, Benches, and Planters administered by the Public Works Department.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Wendy Cosin, Planning and Development, 981-7400

I.   Zoning Ordinance Amendments Removing Planning Department Administration of Sidewalk Café Seating, Benches and Planters and Revising the Regulation of Commercial Outdoor Seating on Private Property and Amending BMC Title 23 (PDF)
From: Planning Commission
Recommendation: Adopt second reading of Ordinance No. 7,204–N.S. amending Berkeley Municipal Code (BMC) Title 23 to remove permitting requirements for sidewalk seating, benches and planters administered by the Planning Department, establish a process for gradual termination of existing sidewalk seating Administrative Use Permits (AUP) upon the transfer of ownership of the business, and revise the regulation of commercial outdoor seating on private property.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Wendy Cosin, Planning and Development, 981-7400

J.   Amending the Definition of and Permits Required for Art/Craft Studio, BMC Title 23 (PDF)
From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 7,205–N.S. amending Title 23 of the Berkeley Municipal Code (BMC) that revises the definition of "Art/Craft Studio," BMC 23F by clarifying the definition, including rehearsal space, and removing certain workplace restrictions, and that reduces the levels of discretion to establish a small Art/Craft Studio in the M, MM, MULI, and MUR zoning districts, BMC 23E.72.030, BMC 23E.76.030, BMC 23E.80.030, BMC 23E.84.030, respectively.
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Wendy Cosin, Planning and Development, 981-7400

Consent Calendar
 
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the lawsuit by Pradeep Khatri and XL Specialty Insurance Company v. City of Berkeley, Alameda County Superior Court No. HG 10 519425 for $167,000.
Financial Implications: Public Liability Fund - $167,000
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 13, 2011 (special closed), June 14, 2011 (special and regular), June 20, 2011 (special closed) and June 28, 2011 (regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the write-off of the outstanding loan balance of $85,198 owed by the former Spud's Pizza to the City's South Berkeley Revolving Loan Fund (RLF).
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Authorizing the City Manager to enter into a contract and any amendments with Official Payments Corporation and direct the City Manager to implement an online payment system for a one-year pilot program for residential refuse payments or miscellaneous receipts bills and up to three years for subsequent additions to the online bill payments; and
2.   Approving the online convenience fee of $4.95 for refuse payment fee to be borne by customers; and
3.   Authorizing the City Manager to negotiate the online convenience fees for other online payment services added in the future, which will be borne by customers.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
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: General Fund and Sports Field - $1,865,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an extension of the existing agreement and any amendments, and accept related funding from Alameda County Emergency Medical Services (ALCO EMS) for First Responder Advanced Life Support (FRALS) services in the amount of $175,147 for the period of July 1, 2011 through January 31, 2012.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6531 with Geiss Consulting for consultancy services related to the preparation of Medi-Cal Cost reporting and Administrative Claiming Plan preparation; to increase the amount by $15,000 for a total contract amount not to exceed $63,950 and to extend the expiration date to June 30, 2012.
Financial Implications: General Fund - $15,000
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8648 with Center for Independent Living (“CIL”) to provide mental health services to senior citizens and to increase the contract by $26,520 for a total contract amount not to exceed $53,040, and to extend the term to June 30, 2012.
Financial Implications: Mental Health Services Act - $26,520
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Needle Exchange Emergency Distribution (NEED) in an amount not to exceed $50,000 for the period July 1, 2011 through June 30, 2012.
Financial Implications: General Fund - FY 2012 Expenditure: $50,000
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution clarifying the role of the voluntary Advisory Councils at the Senior Centers and rescinding Resolution No. 51,152-N.S.
Financial Implications: None
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution approving a grant agreement with Resources for Community Development (RCD) that would provide funding in an amount not to exceed $46,676 through the American Recovery and Reinvestment Act from the U.S. Department of Energy Weatherization Assistance Program (ARRA WAP) for energy efficiency improvements at Erna P. Harris Apartments 1330 University Ave.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Accela, Inc. for software licensing, implementation, maintenance, and related services for a licensing and permitting system, for an amount not to exceed $240,000 from August 1, 2011 through June 30, 2014.
Financial Implications: See report
Contact: Donna Lasala, Information Technology, 981-6525
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Special Use Permit, and any amendments thereto, with the United States Forest Service to operate, maintain, and improve Berkeley Echo Lake Camp located in the South Lake Tahoe area for a period of twenty years.
Financial Implications: Playground Camp Fund - $6,200
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant contract and any subsequent amendments with the State of California to accept Fiscal Year 2012 Department of Alcoholic Beverage Control (ABC) Grant funding in the amount of $40,000 and appropriate the funds to enforce laws to prohibit furnishing alcohol to minors and possession of alcohol by persons under the age of 21, as well as other alcohol-related crimes.
Financial Implications: Alcoholic Beverage Control Program Fund - $40,000 (grant)
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8472 with Gallagher & Burk, Inc. for the Street Rehabilitation FY 2010 Project, increasing the amount by $250,000, for a total amount not to exceed $1,481,947.
Financial Implications: Capital Improvement Fund - $250,000
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2011 Phase 2 Project, 11-10568-C; accepting the bid of Gallagher & Burk, Inc.; and 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 $651,826.
Financial Implications: Capital Improvement Fund - $651,826
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. 8146 with AECOM Engineering for on-call traffic engineering services, increasing the amount by $350,000 for a new contract total amount not to exceed $550,000; and extending the term of the contract through December 31, 2012 to assist with timely delivery of a portion of $15.8 million of grant funded projects.
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. 6855D with Employee Benefit Specialists, Inc. (EBS) to administer the pre-tax commute benefit program for City employees, increasing the contract amount by $3,500 for a total amount not to exceed $228,115.
Financial Implications: Payroll Deduction Trust Fund - $3,500
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue a purchase order for Heil Environmental in an amount not to exceed $202,206 for one used automated drop frame side loader refuse truck.
Financial Implications: Equipment Replacement Fund - $202,206
Contact: Andrew Clough, Public Works, 981-6300
 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8654 with Bellingham Marine Industries, Inc. for the FY 2011 Marina Float Replacement Project, increasing the contract not to exceed amount by $168,918, for a revised total contract amount not to exceed $825,984.
Financial Implications: Marina Operations/Maintenance Fund - $168,918
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. 7721D with Burks Toma Architects (BTA) for additional architectural services on the animal shelter project, in an amount of $149,600 which includes a contingency of $40,600 for a total revised contract amount not to exceed $978,430 and extending the contract term through March 31, 2012.
Financial Implications: See report
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, 10-10525-C, located on Addison Street, Acton Street, Curtis Street, Bonar Street, McGee Avenue and West Campus; and
2.   Confirming that the lowest bidder, Precision Engineering, has been relieved of its submitted bid after discovering that a material error was contained therein; and
3.   Accepting the bid of the second lowest responsive and responsible bidder, Andes Construction, Inc.; and
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 $1,269,005 for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Capital Improvement - $1,269,005
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sacramento Street Rehabilitation Project (Dwight to Ashby), Federal Aid Project STPL 5057(037), 11-10533-C; accepting the bid of Interstate Grading & Paving, Inc.; and 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 $1,455,216.
Financial Implications: Various Funds - $1,455,216
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute an agreement with the Association of Bay Area Governments (ABAG) to participate in the Bay Area-wide Trash Capture Demonstration Project, and receive up to $65,000 worth of fully installed trash capture devices (FTCs) through this Project.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the West Street Pathway Project, Delaware Street to Virginia Street, Specification No. 11-10593-C;
2.   Accepting the bid of Redgwick Construction Company, the lowest responsive and responsible bidder; and
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 specifications, in an amount not to exceed $858,664 for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: Various Funds – $858,664
Contact: Andrew Clough, Public Works, 981-6300
 
From: Board of Library Trustees
Recommendation: Adopt a Resolution accepting a donation of $100,000 from the Berkeley Public Library Foundation, Neighborhood Libraries Campaign to support the Berkeley Public Library branch libraries capital program, Measure FF.
Financial Implications: Library Fund - $100,000 (donation)
Contact: Donna Corbeil, Commission Secretary, 981-6100
 
From: Board of Library Trustees
Recommendation: Adopt a Resolution accepting a donation in the amount of $88,554 from the Friends of the Berkeley Public Library to support Berkeley Public Library programs and services.
Financial Implications: Library Fund - $88,554 (donation)
Contact: Donna Corbeil, Commission Secretary, 981-6100
 
From: Community Health Commission
Recommendation: Adopt a Resolution recommending that the United States Food and Drug Administration (FDA) ban menthol and other flavoring in cigarettes and in all tobacco products.
Financial Implications: None
Contact: Tasha Tervalon, Commission Secretary, 981-5100
 
From: Public Works Commission
Recommendation: Adopt a Resolution updating the City's 5-Year Street Plan for FY 2012 - FY 2016, with the streets planned for 2016 deferred for one year, and the FY 2016 budget used to seal recently paved streets so as to extend the life of the existing pavement treatment.
Financial Implications: See report
Contact: Jeff Egeberg, Commission Secretary, 981-6300

 
Council Consent Items
 
From: Councilmember Maio
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $200 per Councilmember including $200 from Councilmember Maio to the Ecology Center to support signage improvements at the Ecology Center’s Berkeley EcoHouse, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Maio and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Fund - $200
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Worthington
Recommendation: Reevaluate existing contracts with tow companies to reduce the cost and hassle to people who have been victims of car theft. Contractual changes could include reducing fees and ensuring faster communication with vehicle owners.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support AB 650 to establish a Blue Ribbon Task Force on Public Transportation for the 21st Century. This Task Force would issue a written report to various arms of the state government containing findings and recommendations relating to California's transit system, estimated costs associated with the needed system, and potential sources of funding by September 30, 2012.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support AB 790 to strengthen existing laws and remove barriers related to Community Choice Aggregation (CCA), a promising method for local governments to use to substantially increase the percentage of renewable energy serving their city.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support State Senator Loni Hancock’s SB 490, which seeks to abolish the death penalty in California.
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.
 
 
Action Calendar - Appeals
 
From: City Manager
Recommendation: Conduct a hearing and, upon its conclusion, adopt a Resolution denying the appeal of Glenn Bussey and rejecting the objection to the proposed lien of $4,385 for unpaid Rental Housing Safety Program (RHSP) reinspection fees and costs associated with the enforcement of the Housing Code at the rental property located at 2642 Mathews Street, and approving the special assessment lien on the property to be filed with the County of Alameda in order to collect the outstanding debt.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

 
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 denying the appeal and affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 11-10000005 allowing a change of use at an existing commercial tenant space, from personal and household service use to quick-service restaurant, which would exceed the numerical quota for quick-service restaurants in the Elmwood Commercial (C-E) District.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
b. Communications
1.    Monique Rosenthal
2.    Alan Kalmanoff
3.    Doris Nassirya
4.    Claudia Hunka
5.    John Moriarty
6.    Michael Pearce

 
Action Calendar – Public Hearing
 
At its meeting of March 8, 2011, City Council established a 6 month trial period for scheduling Public Hearings no earlier than 8:00 p.m.
 
Except at meetings at which the budget is to be adopted, no public hearing may commence later than 10:00 p.m. unless there is a legal necessity to hold the hearing or make a decision at that meeting or the City Council determines by a two-thirds vote that there is a fiscal necessity to hold the hearing.
 
Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  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: Conduct a public hearing and, upon conclusion, adopt a Resolution approving the Structural Alteration Permit (LM No. 11-40000005) for 22 Roble Road, allowing construction of residential additions on the north and west sides of the residence, the construction of a lap pool within the required rear yard on the west side of the property, and numerous other building and landscape renovations as enumerated in the project plans at a designated City Landmark.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution approving Administrative Use Permit No. 10-20000121 for 22 Roble Road, allowing construction of residential additions above 14 feet in average height and above 20 feet in maximum height on the north and west sides of the residence and to construct a lap pool within the required rear yard on the west side of the property.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400

Action Calendar - Continued Business
 

K.   Public Safety Communications System: East Bay Regional Communications System Authority (Continued from July 12, 2011) (PDF)
Presentation (PDF)
Presentation (PDF)
Supplemental materials (PDF)
From: City Manager
Recommendation: Adopt 3 Resolutions to:
1.   Authorize the City Manager to execute the documents necessary for the City of Berkeley to join the East Bay Regional Communications System Authority.
2.   Authorize the City Manager to execute a Project Operating Agreement for the City with the East Bay Regional Communications System Authority, including the payment for initial buy-in and annual operating costs in an amount not to exceed $390,000 plus a 20% contingency.
3.   Authorize the purchase of all portable, mobile and infrastructure radio units required for system operation, in an amount not to exceed $2.2 million plus a 20% contingency, either by “piggy-backing” off of an existing qualified purchase agreement, or releasing a request for bids for this equipment.
Financial Implications: Measure GG Funds; first year costs approximately $2,500,000
Contact: Andrew Clough, Public Works, 981-6300

L.   West Berkeley Project: Master Use Permit (Continued from July 12, 2011) (PDF)
Supplemental materials (PDF)
From: City Manager
Recommendation: Provide staff direction on any changes or other considerations for the proposed Master Use Permit zoning ordinance language, Section 23B.36.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400  

 
Action Calendar – New Business
 
From: City Manager
Recommendation: Allocate $36,000 of General Fund as follows:  $9,000 for homeless services; $27,000 for services in South Berkeley including $14,000 for the Black Infant Health program.
Financial Implications: $36,000
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
From: City Manager
Recommendation: Designate a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Friday, September 23, 2011 at the San Francisco Moscone West convention Center.
Financial Implications: General Fund - $550
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: 
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 9.52 regarding regulation of taxicabs and automobiles for hire; and
2. Adopt a Resolution amending Resolution No. 58,489 Section A to include taxi business permit transfers and taxi vehicle permit transfers as part of the fee schedule and amending Section C to increase the maximum taxicab flag drop rate from $3.00 to $3.40, from $0.26 to $0.30 per 1/10th mile, and Waiting Time or Traffic Delay to $30.00 or $0.30 for each 36 seconds, effective August 1, 2011.
Financial Implications: Revenue to the General Fund from permit transfer fees
Contact: Christine Daniel, City Manager’s Office, 981-7000
 
42.  Designation of the Howard King Welcoming Room (PDF)
From: Mental Health Commission 
Recommendation: Adopt a Resolution designating the Berkeley Mental Health Adult Clinic waiting room as “THE HOWARD KING WELCOMING ROOM” by placing clear, large, durable lettering in a visible area at the head of the waiting room so that consumers, staff, and visitors alike may clearly see the lettering.
Financial Implications: Minimal
Contact: Carol Patterson, Commission Secretary, 981-5100

 
Council Action Calendar
 
From: Councilmember Moore
Recommendation: Extend the term of the Waterfront Commission to operate until December 31, 2016.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmember Arreguin
Recommendation: Direct the City Manager to waive event, sound, health/food permits fees associated with the Downtown Business Association's Center Street Summer Cinema Series.
Financial Implications: Various Funds - $2,304 (waiver of permit fees)
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Wozniak
Recommendation: Extend the deadline for submission of redistricting proposals to November 1, 2011. This new deadline would give the student community two months, after their return from summer vacation to engage their community in a public process to formulate a redistricting proposal that takes into consideration their community of interest.
Financial Implications: None
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

 
Information Reports
 
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
49.  Sudden Oak Death Update (PDF)
From: City Manager 
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

 
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 July 7, 2011.

Deanna Despain, 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.
 
Warm Water Pool
1.    Mamal Ajideh
 
Council Actions of 6/28/11 Meeting
2.    Victoria Peirotes
 
PG&E Gas Transmission Mains
3.    Jill Korte