Regular Meeting eAgenda
December 13, 2011

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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REVISED AGENDA
 
(ADDED CONTINUED ITEMS FROM
DECEMBER 6, 2011)
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, December 13, 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.
 
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, 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.
 
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.  Amendment: FY 2012 Annual Appropriations Ordinance (PDF) 
From: City Manager
Recommendation: 
Adopt second reading of Ordinance No. 7,213 amending the FY 2012 Annual Appropriations Ordinance No. 7,195–N.S. for fiscal year 2012 based upon recommended re-appropriation of committed FY 2011 funding and other adjustments authorized since July 1, 2011, in the amount of $57,102,171 (gross) and $49,261,483 (net).
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000

B.  Amendments to the Massage Therapy Ordinance, BMC Chapter 9.32 (PDF) 
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,214–N.S. amending Berkeley Municipal Code (BMC) Chapter 9.32 Massage Therapy Ordinance.
First Reading Vote:  All Ayes
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

C.  Modification of Berkeley Municipal Code Chapter 9.52 Taxicabs and Automobiles for Hire (PDF) 
From: City Manager
Recommendation:
Adopt second reading of Ordinance 7,215–N.S. amending Berkeley Municipal Code Chapter 9.52 regarding regulation of taxicabs and automobiles for hire.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Christine Daniel, Interim City Manager, 981-7000

D.  Extension of the Term of the Waterfront Commission – Amending Berkeley Municipal Code Section 3.36.070 (PDF) 
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,216–N.S. amending Section 3.36.070 of the Berkeley Municipal Code to extend the term of the Waterfront Commission to December 31, 2012.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Deanna Despain, City Clerk, 981-6900

E.  Sewer Easement Deed Agreements at 1232, 1236, and 1240 Milvia Street (PDF) 
From: City Manager
Recommendation:
Adopt the second readings of Ordinance No. 7,217–N.S. (Halpin), Ordinance No. 7,218–N.S. (Callaghan/Reich) and Ordinance No. 7,219–N.S. (Edlinger) authorizing the City Manager to accept Easement Deed Agreements for extension of sewer pipe facilities, with: 1) David Halpin, 1232 Milvia Street; 2) Rachel Callaghan and Martin B. Reich, 1236 Milvia Street; and 3) Carol Edlinger and Josey Edlinger, 1240 Milvia Street.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300

Consent Calendar
From: City Manager
Recommendation: Adopt a Resolution approving a revised commission meeting frequency schedule to add the Open Government Commission; and accept the annual attendance report.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing transfer of all existing and future revenue from Fund 476, the fund that receives and holds revenues generated from the business license-based Downtown Business Improvement District (DBID), to Fund 451, the fund that serves the newly formed Property-Based Downtown Business Improvement District (PBID).
Financial Implications: None
Contact: Michael Caplan, Economic Development, 981-7530
 
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: Sanitary Sewer Operation Fund - $100,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution approving an amendment to the grant agreement with Resources for Community Development (RCD) with funds available through the American Recovery and Reinvestment Act from the U.S. Department of Energy Weatherization Assistance Program (ARRA WAP) for energy efficiency improvements at the Erna P. Harris Apartments, 1330 University Ave. from the existing grant amount of $46,676 for an amount not to exceed $56,000.
Financial Implications: See report
Contact: Jane Micallef, Health Services, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 
1.   Accept grant funds from the Berkeley High School Development Group in the amount of $11,460 for the 2011-2012 academic school year to conduct substance use prevention activities and provide related services, and;
2.   Execute the resultant revenue agreements, contracts and any amendments and extensions, and;
3.   Enter into a personal services contract with Ralph Cantor, consultant, as a single source vendor, in the total amount of $10,850.
Financial Implications: See report
Contact: Jane Micallef, Health Services, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 8392 with Innovative Claim Solutions, Inc. (hereinafter "ICS") by increasing expenditure authority in an amount not to exceed $10,000.  This additional expenditure will be for check writing and check reconciliation services associated with workers' compensation benefit payments for the period January 1, 2012 to June 30, 2013.
Financial Implications: Workers' Compensation Self-Insurance Fund - $10,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2012 for administering the Workers' Compensation Program, in an amount not to exceed $173,000.
Financial Implications: Workers' Compensation Self-Insurance Fund - $173,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the Library to execute a 15 month lease agreement with two 2 month options with Dagovitz 05 Trust, Melvin Dagovitz, Trustee, (leasing agent West Coast Property Management) for real property located at 2547 8th Street, unit 12-A to house the tool lending library program during the construction phase of the South Branch Library, for the expected period extending from January 18, 2012 through July 31, 2013.
Financial Implications: See report
Contact: Donna Corbeil, Library, 981-6100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7886A with the Ratcliff Architects for additional architectural services on the Facilities Maintenance Building project, in an amount of $160,000 for a total revised contract amount not to exceed $828,000 extending the contract term through September 30, 2012.
Financial Implications: Sanitary Sewer Operation - $160,000
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kitchell CEM for providing construction management services, including specialized scheduling analysis for the Facilities Maintenance Building project at the Corporation Yard, in an amount of $50,000 for all services and reimbursable expenses through September 30, 2012.
Financial Implications: Sanitary Sewer Operation - $50,000
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8438 with Gold Wing Engineering for the Construction of the San Juan Avenue, Roble Road and Bonita Avenue Sanitary Sewer Project, increasing the amount by $100,000 for a total amount not to exceed $580,000.
Financial Implications: Sanitary Sewer Fund - $100,000
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. 6414B with Building Opportunities for Self-Sufficiency (BOSS) for litter removal and hand sweeping of City streets and sidewalks, for an additional $242,876 for a new contract total not to exceed $2,700,000 and extending the term through June 30, 2012.
Financial Implications: Refuse Collection Disposal - $242,876
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving plans and specifications for the Sanitary Sewer Project, 10-10518-C, located on Woolsey Street and Regent Street;
2.   Accepting the bid of the lowest responsive and responsible bidder, California Trenchless, Inc.; 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 $764,773 for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $917,728
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving plans and specifications for the Sanitary Sewer Project, 11-10596-C, located on Cedar Street, Hopkins Street, Franklin Street, Acton Street, and Sacramento Street; and
2.   Accepting the bid of the lowest responsive and responsible bidder, Precision Engineering, Inc.; and
3.   Authorizing 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 $1,545,945 for the period of 180 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $1,545,945
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Covenant Worship Center to use the kitchen at the Veteran's Memorial Building, 1931 Center Street, on a temporary weekly basis.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Motorola Solutions, Inc. for portable and mobile radios for the City of Berkeley Public Safety Radio System in an amount not to exceed $2,489,764.
Financial Implications: Measure GG - $2,489,764
Contact: Andrew Clough, Public Works, 981-6300
 
Consent Calendar – Council Items
 
From: Mayor Bates
Recommendation: Direct the City Manager to return to Council as soon as possible with recommendations for an expedited permit process for electric vehicle charging station installation on private commercial property.
Financial Implications: No General Fund Impact
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmembers Maio and Arreguin
Recommendation: Adopt a Resolution approving the expenditure of up to $100 per Councilmember, including $100 from Councilmember Maio, to support the 2011 Bay Area Hispano Institute for Advancement, Inc. (BAHIA) fundraiser 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 Funds - $100
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmembers Maio and Arreguin
Recommendation: Adopt a Resolution approving the expenditure of up to $100 per Councilmember, including $100 from Councilmember Maio, to the 16th Anniversary Dinner for the Multicultural Institute 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 Funds - $100
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmembers Arreguin and Wozniak
Recommendation: Refer to the City Manager to:
1.   Evaluate which streets adjacent to commercial districts but within current RPP zones do not currently have Saturday RPP enforcement, and;
2.   Request that RPP enforcement be extended to Saturday on those streets adjacent to commercial districts that do not currently have Saturday enforcement. If further Council action is necessary, the Council requests that the City Manager report back with information on what streets adjacent to commercial districts are not currently covered by Saturday enforcement and with a recommendation for Council to discuss and take action on.
3.   As part of this evaluation, the City Manager should also look at extending the areas where double fines on Saturday football game days would be required to Areas I, J, K, C and F.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Capitelli
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $250 from Councilmember Capitelli to the Berkeley Public Library Foundation 10th Annual Authors Dinner with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Capitelli and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $500
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager
1.   Concerns raised by tenant victims of the fire at 2441 Haste Street;
2.   Waive all permit fees and an expedited permit process for the relocation of the businesses adversely affected by the fire;
3.   Authorize the City Manager to take extraordinary emergency procedures to assist tenants to relocate in the City of Berkeley; and
4.   Negotiate feasibility of free two hour customer parking in UC parking lots and the Telegraph/Channing Parking Garage for one month.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager: the feasibility of City staff to use iPhones in order to provide better and reliable service so employees can serve the public better.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager the adoption of a policy to specify parking rules on border streets within two different residential preferential parking zones.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $4,332 per Councilmember, including $4,332 from Councilmember Worthington, to BOSS with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute for the decoration of City streets by hanging Holiday lights on trees in Northside of campus and for clean-up and labor costs.
Financial Implications: Councilmember's Discretionary Funds - $4,332
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 – Continued Business
 
F. Stop UC Police Violence – Support Students, Faculty and Staff (Continued from December 6, 2011) (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Send a letter to Chancellor Birgeneau and Chief Celaya, opposing UC Police violence against protestors.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

G. Report on Regional Bodies Participation-County Wide Transportation Plan (Continued from December 6, 2011) (PDF) 
From: Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – Old Business
 
From: City Manager
Recommendation: That the Council:
1.   Take no action at this time with respect to whether 2133 Parker Street is being used as a Group Living Accommodation (GLA);
2.   Retain jurisdiction in this matter and direct staff to set it for further hearing before the Council in the event of public nuisance activities, including but not limited to disturbances or use as a GLA; and
3.   Provide direction as to whether the Council wishes to amend the Residential Permit Parking (RPP) ordinance (BMC Chapter 14.72) to restrict issuance of RPP stickers to residents of a defined class of buildings.
Financial Implications: None
Contact: Wendy Cosin, Planning and Development, 981-7400
b. Communications
1.    Phillip W. Bokovoy
2.    Gale Garcia
 
Action Calendar – New Business
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance prohibiting the harassment of bicyclists, which Council asked staff to draft at the September 27, 2011 Council meeting, and adding Chapter 14.26 to the Berkeley Municipal Code.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt a Resolution: 
1.   Approving the issuance of a Request for Proposals (RFP) for the acquisition and development of the site at 3135 Harper Street as a site for affordable housing; and 2.    Rescinding Resolution 65,012–N.S, which approved a reservation of $497,000 to Satellite Housing for the acquisition of the property from Buckley Real Estate, Inc., and
3.   Extending the 2010 Housing Trust Fund (HTF) period for approving reservations to June 30, 2012.
Financial Implications: See report
Contact: Jane Micallef, Health Services, 981-7000
 
From: Auditor
Recommendation: Request the City Manager:
1.   Make timely implementation of audit recommendations a high priority.
2.   Disclose internal control risks of recommended budget cuts in future budget reports.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
Information Reports
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Contact: Wendy Cosin, Planning and Development, 981-7400
 
From: City Manager
Contact: Michael Meehan, Police, 981-5900
 
From: City Manager
Contact: Michael Meehan, Police, 981-5900

 
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

 

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

 

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 December 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 22: City Manager Referral: 2441 Haste Street Tenants and Fire Victims Letter
1.  Marc Weinstein
 
Item 28: Request for Proposals:  Acquisition and Development of the Site at 3135 Harper Street as Affordable Housing and Extending Housing Trust Fund Round
2.  Housing Advisory Commission