Regular Meeting Annotated Agenda
July 19, 2011

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA
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

Preliminary Matters

Roll Call: 7:01 p.m.  All present.

Ceremonial Matters: 

  1. Russ Ellis and Julie Gordon Shearer

City Manager Comments: 

  1. National Night Out is August 2
  2. Senior Centers are now open on VTO Days
  3. Animal Shelter’s 60/6/60 pet adoption program

Public Comment on Non-Agenda Matters: 1 speaker


Public Comment on Consent Calendar and Information Items Only: 10 speakers.

Consent Calendar

Recess: 7:17 p.m. – 7:22 p.m.

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

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
Action: Adopted second reading of Ordinance No. 7,196–N.S.

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
Action: Adopted second reading of Ordinance No. 7,197–N.S.

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
Action: Adopted second reading of Ordinance No. 7,198–N.S.

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
Action: Adopted second reading of Ordinance No. 7,199–N.S.

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
Action: Adopted second reading of Ordinance No. 7,200–N.S.

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
Action: Adopted second reading of Ordinance No. 7,201–N.S.

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
Action: Adopted second reading of Ordinance No. 7,202–N.S.

H. Amending Chapters 14.48 and 16.18 of the BMC to Establish Public Works Department Administration of Sidewalk Café Seating, Benches and Pla nters (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
Action: Adopted second reading of Ordinance No. 7,203–N.S.

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
Action: Adopted second reading of Ordinance No. 7,204–N.S.

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
Action: Adopted second reading of Ordinance No. 7,205–N.S.

Consent Calendar

1. Settlement of Lawsuit by Pradeep Khatri and XL Specialty Insurance Company v. City of Berkeley, Alameda County Superior Court No. HG 10 519425 (PDF)
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
Action:  Adopted Resolution No. 65,391–N.S.
 
2. Minutes for Approval (PDF)
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
Action: Adopted minutes as submitted.

3. Write-Off of a Delinquent Loan Balance Owed by the Former Spud's Pizza to the City's South Berkeley Revolving Loan Fund (PDF)
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
Action:  Continued to September 20, 2011.

4. Contract: Official Payments Corporation (OPC) for Online Payment System (PDF)
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
Action:  Adopted Resolution No. 65,392–N.S.

5. 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: General Fund and Sports Field - $1,865,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

6. Agreement Extension: Alameda County Emergency Medical Services for First Responder Advanced Life Support (PDF)
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
Action:  Adopted Resolution No. 65,393–N.S.

7. Contract No. 6531 Amendment: Geiss Consulting for Medi-Cal Reporting Services (PDF)
From: City Manager
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
Action:  Adopted Resolution No. 65,394–N.S.

8. Contract No. 8648 Amendment: Center for Independent Living to Provide Mental Health Services to Senior Citizens (PDF)
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
Action:  Adopted Resolution No. 65,395–N.S.

9. Contract: Needle Exchange Emergency Distribution (PDF)
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
Action:  Adopted Resolution No. 65,396–N.S.

10. Clarifying Role of Advisory Councils at Senior Centers (PDF)
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
Action:  Referred the issue to the Commission on Aging.

11. Grant Agreement: Resources for Community Development for Weatherization Funding (PDF)
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
Action:  Adopted Resolution No. 65,397–N.S.

12. Contract: Accela, Inc. for Licensing and Permitting Software System (PDF)
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
Action:  Adopted Resolution No. 65,398–N.S.

13. Special Use Permit for Berkeley Echo Lake Camp (PDF)
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
Action:  Adopted Resolution No. 65,399–N.S.

14. Contract: 2011-12 Department of Alcoholic Beverage Control Grant (PDF)
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
Action:  Adopted Resolution No. 65,400–N.S.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes:  Worthington.

15. Contract No. 8472 Amendment: Gallagher & Burk, Inc. for Street Rehabilitation FY 2010 (PDF)
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
Action:  Adopted Resolution No. 65,401–N.S.

16. Contract: Gallagher & Burk, Inc. for Street Rehabilitation FY 2011 Phase 2 (PDF)
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
Action:  Adopted Resolution No. 65,402–N.S.

17. Contract No. 8146 Amendment: AECOM for Additional On-Call Traffic Engineering Services to Support Grant-funded Project Delivery (PDF)
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
Action:  Adopted Resolution No. 65,403–N.S.

18. Contract No. 6855D Amendment: Employee Benefit Specialists, Inc. to Administer the Pre-Tax Commute Benefit Program for City Employees (PDF)
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
Action:  Adopted Resolution No. 65,404–N.S. Referral to City Manager to analyze the feasibility of printing and distributing the vouchers on a less frequent basis.

19. Purchase Order: Heil Environmental for One Used Automated Drop Frame Side Loader Refuse Truck (PDF)
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
Action:  Adopted Resolution No. 65,405–N.S.

20. Contract No. 8654 Amendment: Bellingham Marine Industries, Inc. for FY 2011 Marina Float Replacement Project (PDF)
From: City Manager
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
Action:  Adopted Resolution No. 65,406–N.S.

21. Contract No. 7721D Amendment: Burks Toma Architects for Additional Architectural Services for the Animal Shelter Project (PDF)
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
Action:  Adopted Resolution No. 65,407–N.S.

22. Contract: Andes Construction Inc. for Sanitary Sewer Rehabilitation Project for Addison Street, Acton Street, Curtis Street, Bonar Street, McGee Avenue, and West Campus (PDF)
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
Action:  Adopted Resolution No. 65,408–N.S.

23. Contract: Interstate Grading & Paving, Inc. for Sacramento Street Rehabilitation (Dwight to Ashby) (PDF)
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
Action:  Adopted Resolution No. 65,409–N.S.

24. Contract: Association of Bay Area Governments for Participation in the Bay Area-wide Trash Capture Demonstration Project (PDF)
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
Action:  Adopted Resolution No. 65,410–N.S.

25. Contract: Redgwick Construction Company for the West Street Pathway Project, Delaware Street to Virginia Street (PDF)
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
Action:  Adopted Resolution No. 65,411–N.S.

26. Donation: Berkeley Public Library Foundation (PDF)
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
Action:  Adopted Resolution No. 65,412–N.S.

27. Donation: Friends of the Berkeley Public Library (PDF)
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
Action:  Adopted Resolution No. 65,413–N.S.

28. Recommending that the FDA Ban Mentholated Tobacco (PDF)
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
Action:  Adopted Resolution No. 65,414–N.S.

29. Update of the 5-Year Street Plan for FY 2012 - FY 2016 (PDF)
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
Action:  Continued to September 20, 2011.

Council Consent Items

30. Ecology Center: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
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
Action:  Adopted Resolution No. 65,415–N.S.
 
31. City Manager Referral: Limiting Charges for Auto Theft Recovery (PDF)
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
Action:  Approved recommendation.  Referral to the City Manager analyze feasibility of a courtesy notice database to notify the victim if their car has been recovered.

32. Support AB 650 to Establish the Blue Ribbon Task Force on Public Transportation (PDF)
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
Action: Approved recommendation.

33. Support SB 790 to Eliminate Barriers to Local Governments Increasing Renewable Energy Use (PDF)
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
Action: Approved recommendation.

34. Support State Senator Loni Hancock’s SB 490 to Abolish Death Penalty in California (PDF)
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: Approved recommendation.

Action Calendar - Appeals

35. Appeal: Imposition of Lien to Recover RHSP Fees; Mr. Glenn Bussey, Rental Property Owner of 2642 Mathews Street, Berkeley CA 94702 (PDF)
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: 2 Speakers. M/S/C (Moore/Wozniak) to adopt Resolution No. 65,416–N.S. 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 Matthews 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.
Vote: Ayes: Moore, Anderson, Capitelli, Wozniak, Bates.  Absent: Maio, Arreguin, Wengraf and Worthington.

Absent: Councilmember Maio: 9:10 p.m. – 9:12 p.m.

Absent: Councilmember Arreguin: 8:57 p.m. – 9:12 p.m.

Absent: Councilmember Wengraf: 9:08 p.m. – 9:12 p.m.

Absent: Councilmember Worthington: 8:57 p.m. – 9:12 p.m.

Recess: 9:12 p.m. – 9:24 p.m.


36. ZAB Appeal: 2992 College Avenue (PDF)
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: M/S/C (Wozniak/Worthington) to adopt Resolution No. 65,417–N.S. 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.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.


37. LPC Certification: 22 Roble Road (PDF)
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

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Wozniak/Worthington) to close the public hearing. Adopted by unanimous consent.

Action: M/S/C (Wozniak/Wengraf) to adopt Resolution No. 65,418–N.S. 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.
Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Maio.

Absent: Councilmember Maio: 8:20 p.m. – 8:24 p.m.

Administrative Record (PDF)
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

Public Testimony: The Mayor opened the public hearing.0 speakers.  M/S/C (Wozniak/Wengraf) to close the public hearing. Adopted by unanimous consent.

Action: M/S/C (Wengraf/Moore) to adopt Resolution No. 65,419–N.S. 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.
Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Maio.

Absent: Councilmember Maio: 8:20 p.m. – 8:24 p.m.

Action Calendar - Continued Business


K. Public Safety Communications System: East Bay Regional Communications System Authority (Continued from July 12, 2011) (PDF)

Public Safety Communications System Presentation 1 (PDF)

Public Safety Communications System Presentation 2 (PDF)

Supplemental Agenda Material (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
Action: M/S/C (Arreguin/Worthington) to accept supplemental material from staff for consideration. Adopted by unanimous consent. 

Moved to Consent Calendar.  Adopted the following:

1.   Resolution No. 65,420–N.S. authorizing the City Manager to execute the documents necessary for the City of Berkeley to join the East Bay Regional Communications System Authority.
2.   Resolution No. 65,421–N.S. authorizing 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.   Resolution No. 65,422–N.S. authorizing 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 an existing qualified purchase agreement or releasing a request for bids for this equipment.

Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Abstain: Arreguin.

L. West Berkeley Project: Master Use Permit (Continued from July 12, 2011) (PDF)
Supplemental Agenda Material (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: 8 speakers  M/S/C (Wozniak/Wengraf) to accept supplemental material from staff for consideration. Adopted by unanimous consent. 

M/S/C (Moore/Capitelli) to direct the City Manager to return with timeline (with the ability to meet the November 2012 election deadlines) and cost estimates on the following requests:

  1. Allow increased housing density in the MUR portions of MUP sites
  2. Within an MUP, allow increased building height (75-100) for essential industrial equipment and process
  3. Within the MUR portion of MUP sites, allow industrial uses that would not otherwise be allowed
  4. Provide design guidelines to address and natural habitat impacts from MUP development on Aquatic Park

Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Noes: Arreguin. 

Action: M/S/C (Worthington/Moore) to suspend the Council Rules of Procedure and extend the meeting to 11:11 p.m.  Adopted by unanimous consent. 


Action Calendar – New Business

39. Consideration of $36,000 in General Funds Remaining from Community Agency Allocation (PDF)
Supplemental Agenda Material (PDF)
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
Action: M/S/C (Moore/Worthington) to accept supplemental material from staff and Councilmember Anderson for consideration. Adopted by unanimous consent. 

Moved to Consent Calendar. 

  1. Adopted Resolution No. 65,423-N.S. authorizing the City Manager to allocate $9,864 to the Dorothy Day House.
  2. Authorize the City Manager to allocate $14,000 for Sisters Together Empowering Peers (STEPS); $7,000 for South Berkeley Community Church Children’s Art and Dinner Program and $6,000 for Youth Spirit Art Works.

40. Voting Delegates: League of California Cities Annual Conference (PDF)
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
Action: Moved to Consent Calendar.  Designated Councilmember Worthington as the voting delegate and Councilmember Moore and the 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.

41. Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire; Adding Permit Transfer Fees; and Increasing the Flag Drop and other Rates (PDF)
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

Action:  Moved to Consent Calendar.  Adopted Resolution 65,424-N.S. amending Resolution No. 58,489, 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. 

Consideration of an Ordinance amending Berkeley Municipal Code Chapter 9.52 regarding regulation of taxicabs and automobiles for hire and consideration of 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 continued to September 20, 2011.

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

Action: Moved to Consent Calendar. Approved the City Manager’s recommendation to install a memorial plaque entitled, “THE HOWARD KING WELCOMING ROOM” until such time as a policy regarding the naming of facilities is established.


Council Action Calendar

43. Extending the Term of the Waterfront Commission (PDF)
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

Action: Moved to Consent Calendar. Approve Councilmember Moore’s revised recommendation to extend the term of the Waterfront Commission to operate until December 31, 2012.

44. Waiver of Fees for the Center Street Summer Cinema Series (PDF)
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

Action: M/S/C (Arreguin/Wengraf) to accept supplemental material from staff and Councilmember Anderson for consideration. Adopted by unanimous consent. 

0 Speakers.  M/S/C (Arreguin/Worthington) to approve Councilmember Arreguin’s revised recommendation to approve the allocation of $1,416 from the Miscellaneous/Unallocated account in the Street Events and Festivals Budget to cover the event, sound, health/food permits fees associated with the Downtown Business Association’s Center Street Summer Cinema Series.
Vote: Ayes: Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Noes: Maio.  Abstain: Moore. 

Supplemental Agenda Material (PDF)
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
Action: 17 Speakers M/S/C (Wozniak/Wengraf) to extend the deadline for submission of redistricting proposals to September 30, 2011.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. 

Information Reports 

46. Marketing Strategy for the Berkeley/Emeryville Bioscience Cluster (PDF)
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Received and filed.
 
47. Update on Mental Health Adult Clinic Surprise Cash Count Audit (PDF)
From: City Manager
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Received and filed.

48. Audit Update: Association of Sports Field Users (ASFU) (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

49. Sudden Oak Death Update (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 5 speakers. 

Adjournment

Adjourned at 11:09 p.m.

Communications (PDF)

Warm Water Pool
1.    Mamal Ajideh

Council Actions of 6/28/11 Meeting
2.    Victoria Peirotes

PG&E Gas Transmission Mains
3.    Jill Korte – Referred to the City Manager by Councilmember Arreguin.


Supplemental Communications and Reports 1 (PDF)

Item 25: Contract: Redgwick Construction Company for the West Street Pathway Project, Delaware Street to Virginia Street
4.    Susan Schwartz, on behalf of Friends of Five Creeks
5.    Dave Campbell, on behalf of Bicycle-Friendly Berkeley Coalition
6.    Renee Rivera, on behalf of the East Bay Bicycle Coalition
7.    Katherine Harr

Item 35: Appeal:  Imposition of Lien to Recover RHSP Fees; Mr. Glenn Bussey, Rental Property Owner of 2642 Mathews Street, Berkeley CA 94702
8.    Glenn Bussey

Item 36: ZAB Appeal: 2992 College Avenue
9.    Sara Weinberg
10. Joe Palladino
11. Lois Vinsel
12. James Long
13. Anthony Lee
14. K.C. Meckfessel
15. Russell Backman
16. Jessica Parker
17. Coline David
18. Daniel Rechtschaffen
19. Nathanial Putnam
20. Richard Kass
21. Patricia Forsyth
22. Wendy Stock
23. Barbara Sugrue
24. Sonia Spindt
25. Dov Jelen
26. Marian Smith
27. Lisa Shaw
28. David Galbraith
29. Anne Flexer
30. Greg Harper
31. Richard Stromer
32. Kiara Segal
33. Robert Dorsett
34. John Heyer
35. Scott Finsthwait
36. Neil Larsen
37. Phillip Weber
38. Sharon Zinke
39. Alicia Duque
40. Gordon Wozniak, District 8
41. David Salk
42. Carrie Evans, on behalf of the Elmwood Merchants Association

Item K: Public Safety Communications System: East Bay Regional Communications System Authority
43. David Sprague, on behalf of IAFF Local 1227

Item L: West Berkeley Project: Master Use Permit
44. Dean Metzger
45. Sandy Simon

Item 39: Consideration of $36,000 in General Funds Remaining from Community Agency Allocation
46. Homeless Commission

Item 45: 2010 Census: Redistricting Schedule
47. Nancy Skinner

Supplemental Communications and Reports 2 (PDF)

Item K: Public Safety Communications System: East Bay Regional Communications System Authority

  • Presentations and supplemental materials, submitted by Public Works (see agenda item)

Item L: West Berkeley Project: Master Use Permit

  • Supplemental materials, submitted by Planning & Development (see agenda item)

Item 39: Consideration of $36,000 in General Funds Remaining from Community Agency Allocation

  • Supplemental materials, submitted by City Manager and Councilmember Anderson (see agenda item)

Item 45: 2010 Census: Redistricting Schedule

  • Supplemental materials, submitted by Councilmember Wozniak (see agenda item)

48. Unknown (3)

Commission Consolidation
49. Berkeley Energy Commission

Budget Concerns
50. Jacqueline McCormick

Service Recognition
51. Julie Shearer and Russ Ellis