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Regular Meeting eAgenda
March 10, 2009

Printer-friendly PDF* agenda

 

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

Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, March 10, 2009
 
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, Acting City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1.   Amendment To Lease: Charles and Theresa Lee dba Michelle’s Yogurt & Sweets at 2430 Durant Avenue, B (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,071–N.S. authorizing the City Manager to execute an amendment to a lease agreement that was authorized by Ordinance No. 6,500–N.S. (Exhibit “A”), with Charles and Theresa Lee doing business as Michelle’s Yogurt & Sweets at 2430 Durant Avenue Berkeley, California for the purpose of changing their business hours from opening at 10:00 am to opening at 11:00 am.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Claudette Ford, Public Works, 981-6300

2.   Removal of Prohibition on Quick Service Restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,072–N.S removing the prohibition on Quick Service Restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way in the C-1 General Commercial and C-2 Central Commercial Districts.
Financial Implications: See report
First Reading Vote: Ayes: Maio, Moore, Anderson, Arreguin, Worthington.  Noes: Capitelli, Wengraf, Bates.  Abstain: Wozniak.
Contact: Jordan Harrison, Commission Secretary; Michael Caplan, Economic Development, 981-7530

3.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
For informational purposes, approve the request for proposals (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 - $3,645,000
Contact: Robert Hicks, Finance, 981-7300

4.   Classification: Battalion Chief (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Battalion Chief with a salary range of $10,285 - $11,906 per month effective March 22, 2009.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

5.   Classification: Senior Permit Specialist (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,173-N.S., Classification and Salary Resolution for Service Employees International Union Local 1021 (Community Services & PTRLA Chapter), to establish the Senior Permit Specialist Classification with a monthly salary range of $4,803-$5,801, effective March 22, 2009.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

6.   Contract: Christopher A. Joseph and Associates - Aquatic Park Hydrology and Habitat Improvement Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Christopher A. Joseph and Associates to provide environmental services for the Aquatic Park Hydrology and Habitat Improvement Program, for an amount not to exceed $173,276 for all services and reimbursable expenses for the term of January 28, 2009 through January 31, 2010.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

7.   Grant: CA Department of Fish and Game - Oil Spill Response (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept a grant of emergency response equipment from the California Department of Fish and Game, Office of Spill Prevention and Response (OSPR) valued at $27,300.
Financial Implications: Grant - $27,300 (emergency response equipment)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

8.   Contract No. 7235A Amendment: R3 Consulting Group, Inc. for a Refuse Service Rate Review (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract amendment in the amount of $12,775 with R3 Consulting Group, Inc., (Contract No. 7235A) for completion of a refuse services rate review for a total contract amount not to exceed $80,000 for the period April 1, 2007 through June 30, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

9.   Contract: Precision Engineering, Inc. for University Avenue Sanitary Sewer Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution 1) approving plans and specifications for the University Avenue Sanitary Sewer Project, 09-10388-C; 2) accepting the bid of Precision Engineering, Inc. and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $856,987 for the period of 190 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

10.  Contract: Comtech Communications for a Fire Station Alerting System (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a contract with Comtech Communications for a Fire Station Alerting System at the Communications Center in the Public Safety Building and all seven fire stations for a total amount not to exceed $323,527, for the period March 16, 2009 to June 30, 2010.
Financial Implications: Measure G Fund (1992) - $323,527
Contact: Claudette Ford, Public Works, 981-6300

11.  Board of Library Trustees Appointment: Winston Burton (PDF)
From: Board of Library Trustees
Recommendation:
Appoint Winston Burton to the Board of Library Trustees ("BOLT") for a term of four years beginning March 23, 2009.
Financial Implications:
Contact: Donna Corbeil, Library, 981-6100

12.  LGBT Walk To Sacramento (PDF)
From: Peace and Justice Commission
Recommendation:
The Berkeley City Council endorses the Lesbian, Gay, Bisexual and Transgender (LGBT) Walk from the Bay Area to Sacramento.  The Walk aims to overturn Proposition 8, the initiative banning same-sex marriages, and build bridges from LGBT issues to local communities.  The Council encourages elected officials and City staff to attend the march in whole or in part, particularly the portion passing through Berkeley, to the extent that this participation does not negatively affect their official duties.  City Council and/or Peace and Justice Commission members are encouraged to hold a press conference to help start off the walk and show local opposition to Proposition 8 and support for the LGBT community.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100

13.  Celebration of 3rd Annual Berkeley CO and War Resisters Day and International Conscientious Objector (PDF)
From: Peace and Justice Commission
Recommendation:
Approve City sponsorship of the 3rd annual Celebration of Berkeley Conscientious Objectors and War Resisters Day (May 15th of every year) to be held on Saturday, May 9, 2009 in Civic Center Park; allow the peace flag to be flown in front of City Hall and in Civic Center Park on May 15, 2009; and direct the City Manager to post the events on the City of Berkeley's Community Calendar.
Financial Implications: Minimal.  Special Event fees and related expenses.
Contact: Eric Brenman, Commission Secretary, 981-5100

Consent Calendar – Council Items

14.  Short-Term Strategies to Address Downtown Vacancies: Sidewalk Merchandise Display (PDF)
From: Mayor Bates
Recommendation:
That the City Council request the City Manager consider establishing an expedited permitting process to allow Sidewalk Merchandise Display in retail areas, similar to a process the City of San Francisco uses, concurrent with the short-term strategies to address Downtown vacancies.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100

15.  Support for US PIRG 21st Century Transportation for America (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution of support for U.S. PIRG 21st Century Transportation For America policy recommendations and urge President Barak Obama, U.S. Congress, California State Legislature and Governor Schwarzenegger to support the policy recommendations.
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.

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. 

16.  ZAB Appeal: 2421 Ninth Street (PDF)
       Administrative Record (PDF)
From: City Manager
Recommendation:
Remand Use Permit No. 05-10000084 to construct a two-story, 1,688 square-foot, detached dwelling unit at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit, to the Zoning Adjustments Board to consider a revised design to accommodate a revised driveway and off-street parking layout that meets the approval of the Traffic Engineer.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business
 

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.

17.  Zoning Ordinance Amendment: Wireless Telecommunication Facilities (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code Chapter 23C.17, Wireless Telecommunication Facilities, and:
1.    Provide direction regarding the language of Section 23C.17.105, Appeals, regarding remands,
2.    If desired, refer additional amendments to the WTO to the budget process and the Planning Department’s work program, and
3.    If desired, provide direction regarding methods and funding for future monitoring.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

18.  Direction to Planning Commission to Revise the Zoning Ordinance to Encourage Economic Development in Downtown (PDF)
From: City Manager
Recommendation:
Direct the Planning Commission to consider and recommend back to the City Council modifications to levels of discretionary review for certain uses allowing for more rapid approval of uses that can contribute to economic vitality in Downtown while preserving adequate public review when necessary.  Direct that the Planning Commission complete its deliberation and return its recommendations no later than July 1, 2009.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

19.  Police Misconduct in Denver during the Democratic National Convention (DNC) (PDF)
From: Peace and Justice Commission
Recommendation:
The City of Berkeley should send a letter to the Department of Homeland Security, the Secret Service, the Mayor of Denver, Colorado, the Chief of the Denver Police Department, and Howard Dean, Chairperson of the Democratic National Committee denouncing the practices of police brutality, curtailing the right of freedom of assembly by limiting it to designated zones, trapping people in the streets, and interfering with the right of journalists to conduct their business.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100

20.  Police Misconduct in the Twin Cities Before and During the Republican National Convention (RNC) (PDF)
From: Peace and Justice Commission
Recommendation:
The City of Berkeley should send a letter to the following offices and individuals noted below denouncing the brutal use of law enforcement to methodically deprive citizens, and particularly independent journalists and videographers, of their civil and constitutional rights on the days leading up to and the days of the Republican National Convention in St. Paul, Minnesota.  This letter should also call for charges against the RNC 8 (Luce Guillen-Givins, Max Spector, Nathanael Secor, Eryn Timmer, Monica Bicking, Erik Oseland, Robert Czernik, Garrett Fitzgerald) to be dropped.

Addressees for the letter:
The Department of Homeland Security, The Secret Service, The FBI
Minneapolis Mayor R.T. Rybak
St. Paul Mayor Chris Coleman
St. Paul Police Chief John M. Harrington
Minneapolis Police Chief Timothy Dolan
Ramsey County Sheriff Bob Fletcher
Hennepin County Sheriff Richard Stanek
St. Paul Assistant Chief of Police and St. Paul’s coordinator of security efforts for the Republican National Convention Matt Bostrom
St. Paul City Attorney John Choy
Ramsey County Attorney Susan Gaertner

Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100

Information Reports

21. **Removed from agenda by City Manager**Martin Luther King Jr. Civic Center Building Ledge Seating
From: Parks and Recreation Commission
Contact: Virginia Aiello, Parks and Recreation Commission, 981-6700

22.  LPC NOD: 2966 College Avenue and 2086 Allston Way (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

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.CityofBerkeley.info/video and KPFB Radio 89.3.Archived indexed video streams are available at http://www.CityofBerkeley.info/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.CityofBerkeley.info/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@CityofBerkeley.info

South Branch – 1901 Russell

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.
Please refrain from wearing scented products to this meeting.
 

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on March 5, 2009.  

Deanna Despain, Acting 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.

Bevatron Demolition
1.      Mark Chekal-Bain (104 page enclosure available for viewing in City Clerk’s Office)

161 Panoramic Way
2.      Blanche Sack

Capacity of Berkeley
3.      Mary Rose Kaczorowski

Allocation of Stimulus Funds
4.      Richard Marcantonio

Ashby Flowers
5.      Nancy Carleton
6.      Graham Freeman

Glendale Cell Tower Moratorium
7.      Laurie Baumgarten

Bus Rapid Transit
8.      Gale Garcia

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