Regular Meeting eAgenda
September 20, 2011

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, September 20, 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.
 
1.   Pledge of Allegiance to the Flag
 
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.

Recess Items
 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the Council recess, to accept grant funds from the California Family Health Council (CFHC), in the total amount of $171,836 for calendar year 2011 to support clinical reproductive health services, as well as individual and community health education and outreach activities; to execute the resultant revenue agreements, contracts and any amendments and extensions; and authorizing the implementation of the projects and appropriation of funding for related expenses.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during the Council recess, executing a contract with Bay Area Community Resources (BACR) for the placement of AmeriCorps interns at the Berkeley High School Health Center (BHSHC) and the Vera Casey Pregnant and Parenting Teen Program in the amount of $49,200 for the period July 1, 2011 through June 30, 2012.
Financial Implications: Various Funds - $49,200
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess amending the City's Predevelopment Loan Agreement with Resources for Community Development (RCD) for an additional $18,100, to complete the federal environmental review requirements for the University Avenue Cooperative Homes development (UA Co-op).
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to reallocate $35,544 in Community Development Block Grant (CDBG) funds to East Bay Community Law Center (EBCLC) to provide fair housing services between September 1, 2011 and June 30, 2012 and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess, which authorizes the City Manager to execute an amendment to Contract No. 8459 with City Mechanical, Inc. for heating, ventilation and air conditioning services, increasing the contract not to exceed amount by $6,500 for a new not to exceed amount of $56,500.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess:
1.   Approving specifications for Closed Landfill Riprap Improvements 11-10589-C;
2.   Accepting the bid withdrawal of Stevens Creek Quarry Construction; 
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 with Team Ghilotti, Incorporated for the Closed Landfill Riprap Improvements Project, in an amount not to exceed $306,194, which includes a 20% contingency for unforeseen circumstances.
Financial Implications: Refuse Fund - $306,194
Contact: Andrew Clough, Public Works, 981-6300

Consent Calendar
 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.44 Trees and Shrubs Ordinance.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt a Resolution authorizing City staff to credit bid at trustee's sale for acquisition of 3135 Harper Street and execute the necessary documents to complete the sale.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 10 497398 entitled Marquez v. City of Berkeley, et al. in the amount of $95,000.
Financial Implications: Public Liability Fund - $95,000
Contact: Zach Cowan, City Attorney, 981-6950
 
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 09 484584 entitled Raphael v. City of Berkeley, et al. in the amount of $100,000.
Financial Implications: Public Liability Fund - $100,000
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 12, 2011 (special closed and regular) and July 19, 2011 (special closed and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Andrew Clough as Director of Public Works to be effective October 2, 2011.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution approving a donation to the Animal Shelter in the sum of $2,500 from Paula Althoff in remembrance of Councilmember Dona Spring.
Financial Implications: Animal Shelter Donation Fund - $2,500 (donation)
Contact: Phil Kamlarz, City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution accepting the Annual Investment Report and renewing the delegation of authority to make investments to the Director of Finance.
Financial Implications: None
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: Various Funds - $12,282,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7676F with Universal Building Services, increasing the contract amount by $65,000 for a total contract amount not to exceed $2,565,000 for the period July 1, 2008 to June 30, 2013.
Financial Implications: Permit Service Center - $65,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue contract and any amendments and/or supplemental agreements thereto, including any changes to the projected annual revenue amount, with Alameda County for the provision of mental health services, including Medi-Cal, Medicare and Early Periodic Screening, Diagnostic and Treatment (EPSDT) billing and reimbursement, for the period of July 1, 2011 to June 30, 2012, with annual renewal thereafter.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7722 with Milliman, Inc. (hereinafter "Milliman") by increasing expenditure authority in an amount not to exceed $60,000 for a total contract amount of $189,999 through June 30, 2012 for actuarial services pertaining to retiree medical benefit plans.
Financial Implications: General Fund - $60,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7470 with 2M Associates to provide environmental clearance documents for the Berkeley Tuolumne Camp Master Plan by adding $125,113 for a total amount not to exceed $227,162, for a term ending on December 31, 2012.
Financial Implications: Playground Camp - $125,113
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
Recommendation: Adopt first reading of an Ordinance to elect and implement participation by the City of Berkeley and the Redevelopment Agency of the City of Berkeley in the Alternative Voluntary Redevelopment Opt-In Program.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept $36,000 from the University of California, Berkeley Chancellor's Partnership Fund ("CCPF") for equipment and personnel by the Berkeley Police Department in conjunction with the UC Police Department to conduct the "UCPD and BPD Crime Analysis Intern Program".
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2011 Project, 11-10560-C-REBID; accepting the bid of O.C. Jones & Sons, 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 $1,748,040.
Financial Implications: Street Capital Improvement Program - $1,748,040
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution, satisfying Berkeley Charter 67.2 requirements, accepting Houston-Galveston Area Council (H-GAC) contract bid procedures, and authorizing the City Manager to execute a purchase order for two regenerative air sweepers with TYMCO, Inc. for an amount not to exceed $471,117.
Financial Implications: Equipment Replacement Fund - $471,117
Contact: Andrew Clough, Public Works, 981-6300
 
From: Board of Library Trustees
Recommendation: Adopt a Resolution:
1.   Delegating to the Board of Library Trustees authority to accept any gifts of funds, goods, or services made to the Library up to $200,000 that do not include unduly restrictive conditions on their use; and
2.   Delegating to the Board of Library Trustees authority to accept all gifts from the Library Foundation constituting payments toward the Foundation's branch library capital campaign pledge, and 
3.   Mandating annual reporting from the Board of Library Trustees of gifts in excess of $1,000 in aggregate in an informational report to be presented before the Council on a regular Meeting agenda.
Financial Implications: None
Contact: Donna Corbeil, Commission Secretary, 981-6100
 
From: Human Welfare and Community Action Commission
Recommendation: Direct the City Manager to:
1.   Provide a report on the impact of Commission Consolidation and consult with Commissions on Commission consolidation; and
2.   Include information in the staff report regarding the cost of staff-related Commission activities in relation to the benefit of Commission activities, a detail of the logistics of how Commissions would be combined, and a description of the functions of staff activities performed on behalf of Commissions.
Financial Implications: See report
Contact: Leah Talley, Commission Secretary, 981-5400
 
From: Parks and Recreation Commission
Recommendation: Adopt a Resolution approving two additional Parks and Recreation Commission Meetings for calendar year 2011.
Financial Implications: See report
Contact: Virginia Aiello, Commission Secretary, 981-6660
 
From: Police Review Commission
Recommendation: Adopt a Resolution approving the Berkeley Police Department's Mutual Aid Pacts for 2010.
Financial Implications: See report
Contact: Lillian Mayers, Police Review Commission, 981-4950

Council Consent Items
 
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Bates to the Berkeley Holiday Fund’s annual campaign with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor’s Discretionary Fund - $500
Contact: Tom Bates, Mayor, 981-7100
 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the Berkeley High Parent Resource Center with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Moore, Maio, Anderson and Worthington, as well as any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $250
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmembers Moore and Anderson
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember to Berkeley Youth Alternatives with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Moore and Anderson, as well as any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $500
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving City Co-sponsorship of the PEERS inaugural Mental Health and Wellness Walk to be held on October 1, 2011 at Cesar Chavez Park.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Approve the attached proclamation:
1.   Declaring October 8, 2011 as Indigenous Peoples Day in the City of Berkeley; and
2.   Approving City co-sponsorship of the 2011 Indigenous Peoples Day event.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Send a letter to Governor Jerry Brown urging him to rescind the Department of Education’s acceptance of pro plastic bag edits to California’s environmental curriculum.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $200 from Councilmember Arreguin to the Stonewall Festival/Berkeley Pride with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Arreguin and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember’s Discretionary Fund - $200
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving City Co-Sponsorship of the 2011 Berkeley Stonewall Festival.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Capitelli
Recommendation: Incorporate into the “Guidelines for Public Comment and Council Meeting Order” a recommendation that employees and interns of the City of Berkeley are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops. Include the request in “Preliminary Matters” preceding the City Council agendas.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmembers Capitelli and Wozniak
Recommendation: Request that the City Manager:
1.   Write a letter to the AT&T Yellow Pages regarding their phone book drop-off, requesting that they honor the voluntary opt-out program as provided through the City of Berkeley’s Catalog Choice program; and
2.   Refer to Alameda County StopWaste.org the Seattle phone book opt-out ordinance to consider development of a model ordinance for jurisdictions within the county.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Wengraf
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Wengraf to the Berkeley Public Library Foundation with funds relinquished to the City’s General Fund for this purpose from the Discretionary Council Office Budgets of Councilmember Susan Wengraf and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $1,000
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
 
From: Councilmembers Worthington, Anderson, Arreguin and Maio
Recommendation: Adopt a Resolution supporting the New Priorities Campaign in their effort to end the wars in Iraq and Afghanistan and cut the military budget by increasing pressure from local and state governments on Congress.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Worthington and Arreguin
Recommendation: Adopt a Resolution co-sponsoring the "Making Cents: Forging a New California in a Time of Crisis" Conference.
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 $200 per Councilmember including $200 from Councilmember Worthington to the “Making Cents: Forging a New California in a Time of Crisis” Conference with funds relinquished to the City’s general fund for this purpose that the City of Berkeley support the Conference and for costs associated with conference refreshments, production, and operations from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $200
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support the decline to sign hotline (877) 440-9585 to prevent a referendum of the FAIR Education Act and to encourage people to call the hotline in order to ensure potential petition signers know the facts about the referendum.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a proclamation honoring Halcyon Neighborhood Association on the 15th anniversary of Halcyon Commons.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting AB 1148, the California Disclose Act.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Support California Prop 1481, which seeks to use profits from the production and sale of crude oil to support the funding of public education in the state of California.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting HR 156 to increase environmental and social responsibility by adding an amendment to the U.S. Constitution overturning the Supreme Court's decision in Citizens United v. FEC, which removed limits, set up by Congress, on corporate spending in federal elections.
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
 
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 setting a public hearing in order to do one of the following:
1.   Overturn the Zoning Adjustment Board's (ZAB) decision to approve Use Permit No. 10-10000034 to allow retail sales of beer and wine for off-site consumption at an existing retail pharmacy, and deny the Use Permit based on the plain meaning of BMC Section 23E.16.040.B.2.c; or
2.   Continue the hearing and adopt a Resolution initiating an amendment for the Planning Commission's consideration which would revise Section 23E.16.040.B.2.c by specifying additional circumstances under which a Use Permit for alcohol sales or service may be approved where the applicant has prior violations.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
a. Appellant
1.    Berry Cisco Gardner, Jr.
b. Communications
      -None
 
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. 10-10000058, a request by Robert Mueller to allow construction of a new single-family residence on a vacant parcel in the R-1(H) Single-Family Hillside District.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
a. Appellant
1.    Leszek J. Wolfram
b. Communications
            -None
 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to deny MODUP No. 10-70000010 and Variance No. 10-10000071, which would modify Use Permit No. 07-10000045 by reducing the amount of approved off-street parking from four spaces to two, where four spaces are required.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
a. Appellant
1.    A. Ali Eslami
b. Communications
            -None
 
Action Calendar – Old Business

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: Provide direction for completion of additional environmental analysis to allow Council consideration of additional Master Use Permit amendments.
Financial Implications: See report
Contact: Wendy Cosin, Planning and Development, 981-7400
 
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. 62,299 Section A to include taxi business permit transfers and taxi vehicle permit transfers as part of the fee schedule and amending Section D to relocate the taxi stand on University Avenue (Amtrak Station), and to establish new taxi stands on Bancroft Way, Piedmont Avenue and Martin Luther King Jr. Way.
Financial Implications: See report
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
Action Calendar – New Business
 
53.  Policy for Charging of Electric Vehicles
 
Recommendation: Direct staff to monitor regional efforts to promote plug-in electric vehicle (PEV) adoption, to monitor local and regional funding opportunities related to PEV policy and infrastructure, to develop print and web-based information that provides guidance to residents on the safe and legal installation of home PEV charging systems, to report on these and other relevant efforts to City Council as part of the annual Climate Action Plan update, and continue to ensure that parking spaces in the public right-of-way are not dedicated to an individual's exclusive use, including for the purpose of charging a PEV.
Financial Implications: No direct fiscal impact
Contact: Andrew Clough, Public Works, 981-6300
 
Recommendation: As staff resources allow, establish a staff working group to develop an Electric Vehicle (EV) strategic plan for Berkeley. The Energy Commission also recommends that the City refer to the guidelines (Guiding Principles for Berkeley’s Electric Vehicle Infrastructure) as EV policy is developed.
Financial Implications: See report
Contact: Neal DeSnoo, Commission Secretary, 981-7400
 
Recommendation: Adopt a Resolution establishing a restricted policy for the charging of electric vehicles (EVs) for owners of EVs living in residential neighborhoods lacking adequate off-street parking. In so doing, avoid the private use of the public right-of-way (PROW) to charge EVs adjacent to owners' residences, since preferable alternatives exist and are expected to expand soon.
Financial Implications: See report
Contact: Jeffrey Egeberg, Commission Secretary, 981-6400
 
Recommendation: Support both the Public Works Commission's recommendations for a policy for charging of electric vehicles (see companion PW Commission report), with certain modifications, and the Energy Commission's recommended Guiding Principles for Berkeley's Electric Vehicle Infrastructure (see companion Energy Commission report); and avoid adopting a policy that provides for exclusive personal private use of the public right-of-way.
Financial Implications: Unknown
Contact: Farid Javandel, Commission Secretary, 981-6300
 
Action Calendar – Council Items
 
From: Mayor Bates
Recommendation: Request the City Manager develop revisions to the Development Agreement procedures in the Berkeley Municipal Code to be more consistent with State law.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmember Arreguin
Recommendation: Refer to the City Manager the attached proposal for a Vacancy Registration Fee for review and the development of a policy to address the issue of vacant ground floor commercial spaces throughout Berkeley.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Refer to the Planning Commission revised Zoning language relating to the sale of Non-Processed Edibles in Residential districts and suggest consideration of the following option: Lowering the permitting requirement for the sale of Non-Processed Edibles to a Low Impact Home Occupation use (Zoning Certificate) subject to the conditions in the draft zoning language (limits on customer sales; hours of sales; location of sales; soils testing etc.).
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Capitelli and Wengraf
Recommendation: Refer to the Planning Commission consideration of defining businesses in residential areas that sell non-processed  food items grown on site in gardens under 1000 square feet as low-impact home occupations that require only  zoning certificates and business licenses.  Refer to the City Manager City development of guidelines and “best practices” for these very small food producers.
Financial Implications: Unknown staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager consideration of the establishment of a DUI ordinance similar to one in Oakley, California where those convicted of a DUI must pay for all city expenses due to their DUI crime.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to City Manager consideration of establishing an ordinance like LA's to limit harassment.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports
 
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
 
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
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 September 8, 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.

Item 51: West Berkeley Plan Timeline for Additional Master Use Permit Amendments
1.    Laura Heyenga

Panhandling Suggestion
2.    Oliver Homann

Commentary on Previous Council Items
3.    Berkeley Council Watch

Public Hearing Request
4.    Alan Revere

Elmwood Zoning
5.    Gordon Wozniak

Redistricting Proposal
6.    Audrey Gutierrez

Lawrence Berkeley National Laboratory Synthetic Biology Campus
7.    Jim Thomas

Parker Place / GreenTRIP Certification
8.    Ann Cheng

Bicycle Facilities
9.    Marcy Greenhut

SmartMeter Update
10. Steve Martinot

Electric Charging Station at 1865 University
11. Tim Southwick

2501 Haste Street
12. Holly Hartley
13. Ken Sarachan