City Clerk
City Clerk

Regular Meeting Annotated Agenda
May 19, 2009

Printer-friendly PDF* annotated 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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

 
~~~~~~~~~~~~~~~~~~~~~ 

ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 19, 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

Preliminary Matters

Roll Call:  7:16 p.m.  Absent–Councilmembers Arreguin and Worthington.  Councilmember Arreguin present at 7:18 p.m.  Councilmember Worthington present at 7:23 p.m.

Ceremonial Matters:

  1. Public Works Week
  2. Youth Arts Day
  3. Nurses’ Week

City Manager Comments:  Community Health Fair, Saturday May 30th 9:30 a.m. to 3:00 p.m.  McGee Avenue between Stuart and Oregon Streets.

Public Comment on Non-Agenda Matters: 2 speakers

Public Comment on Consent Calendar and Information Items Only: 12 speakers

Consent Calendar

1.   Amendment to BMC Chapter 1.26 to Clarify that the City May Seek an Injunction for Violations of Local Law and Amendment to BMC Chapter 1.28 to Make Explicit the City's Inability to Seek Review of the Hearing Officer's Administrative Citation Decisions (pdf)
From: City Manager
Recommendation: Adopt second reading Ordinances 7,080–N.S. and 7,081–N.S. amending Sections 1.26.010 and 1.26.020, and 1.28.130 of the Berkeley Municipal Code (BMC) in order to clarify these provisions.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Adopted second reading of Ordinance No. 7,080–N.S. and Ordinance No. 7,081–N.S.

2.   B.M.C. Section 3.12.060, 6.14 020 and 6.14.050 Amendments: Clarification for City Art Galleries (pdf)
From: City Manager
Recommendation:
Adopt second reading of Ordinance. 7,082–N.S. amending sections 3.12.060, 6.14 020 and 6.14.050 of the Berkeley Municipal Code, to formally authorize creation of the Public Art Committee of the Civic Arts Commission and permit curation of the Addison Street Windows Gallery by a curator overseen by the Public Art Committee and the Civic Arts Commission.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted second reading of Ordinance No. 7,082–N.S.

3.   Ordinance Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems (pdf)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,083–N.S. repealing BMC Chapters 16.10, 16.11 and 9.56, and adopting a new Chapter 16.10, "Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems."
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted second reading of Ordinance No. 7,083–N.S.

4.   Minutes for Approval (pdf)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of April 28, 2009 (special joint) and May 5, 2009 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes revised to reflect the following vote for Item 29: Community Choice Aggregation – Ayes: Maio, Moore, Anderson, Arreguin, Worthington; Abstain: Capitelli, Wengraf, Bates; Noes: Wozniak.

5.   Contract No. 7799 Amendment: The Berkeley Alliance (pdf)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7799 with The Berkeley Alliance (The Alliance) to provide administrative support and project services for the 2020 Vision Initiative, increasing the amount by $25,000 for a total contract amount not to exceed $86,800.
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000
Action:  Adopted Resolution No. 64,443–N.S.

6.   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: Various Funds - $6,627,668
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

7.   Grant Award: American Recovery and Reinvestment Act – Summer Youth Employment Program (pdf)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept one-time grant funds from the Alameda County Workforce Investment Board, in the amount of $263,016, to implement the American Recovery and Reinvestment Act Summer Youth Employment Program for the period May 1, 2009 to September 30, 2009; to execute the resultant revenue agreements, contracts and any amendments and extensions; and to authorize implementation of the program and appropriation of funding for related expenses, including a subcontract with the Emeryville Unified School District for the provision of summer youth employment services to Emeryville youth, subject to final approval by the Alameda County Board of Supervisors.
Financial Implications: Grant - $263,016
Contact, Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,444–N.S.

8.   Grant: Measure B Paratransit Revenue (pdf)
From: City Manager
Recommendation:
Adopt a Resolution approving the Measure B Program Plan for paratransit services and authorizing the City Manager to take any other actions required to execute an agreement with the Alameda County Transportation Improvement Authority (ACTIA) in the amount of $162,942 for Measure B annual pass-through funds for use during FY 2010.
Financial Implications: Revenue - $162,942
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,445–N.S.

9.   Easement Acceptance: 920 Heinz (West Berkeley Bowl) (pdf)
From:  City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to accept the Berkeley Bowl Grant of Easement for a bicycle pathway easement on the West Berkeley Bowl site at 920 Heinz Street.
Financial Implications: None.
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted first reading of Ordinance No. 7,084–N.S.  Second reading scheduled for June 2, 2009.

10.  Contract No. 5975 Amendment: TranSystems, Inc. for Berkeley Marina Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to contract (No. 5975A) with TranSystems, Inc. for Berkeley Marina Design Services, increasing the amount by $40,000, for a total amount not to exceed $590,000, for the term ending June 30, 2010.
Financial Implications: Boating and Waterways Loan Fund - 590,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,446–N.S.

11.  Contract No. 6975A Amendment: BKF Engineers for On-Call General Surveying Services (pdf)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with BKF Engineers for on-call general surveying services, increasing the amount by $70,000, for a total amount not to exceed $420,000 for the period July 1, 2006 to July 1, 2009.
Financial Implications: Sewer Sanitary Fund - $70,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,447–N.S.

12.  Contract: AECOM Transportation for On-Call Traffic Engineering Services (pdf)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with AECOM Transportation for on-call traffic engineering services in an amount not to exceed $200,000 for the period July 1, 2009 to July 1, 2012.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,448–N.S.

13.  Contract: Bellingham Marine Industries, Inc. for FY 2009 Marina Float Replacement Project (pdf)
From: City Manager
Recommendation:

  1. Approving specifications for the FY 2009 Marina Float Replacement Project; 09-10409-C
  2. Accepting the bid of Bellingham Marine Industries, Inc.
  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 specifications, in an amount not to exceed $248,929, for the period of 120 calendar days from the date of the execution of the contract.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,449–N.S.

14.  Purchase Order: San Jose Harley-Davidson for Eight Motorcycles (pdf)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a purchase order with San Jose Harley-Davidson in an amount not to exceed $242,026 for eight motorcycles.
Financial Implications: Equipment Replacement Fund - $242,026
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,450–N.S.

15.     ***Item Removed by City Manager***Proclamation: May 23, 2009, "Celebrating Youth Arts Day"

16.  Berkeley Housing Authority Subsidy (pdf)
From: Housing Advisory Commission
Recommendation:
The Housing Advisory Commission (HAC) recommends that City Council provide a subsidy to the Berkeley Housing Authority to fulfill its mission and purpose.
Financial Implications: Unknown
Contact: Kristen Lee, Commission Secretary, 981-5400
Action:  Approved referral to the FY 2010-2011 Budget Process by Councilmember Wozniak.

17.  Communication with the Attorney General (pdf)
From: Medical Cannabis Commission
Recommendation:
Authorize the Mayor to sign a letter to Attorney General Eric Holder in support of Justice Department actions to focus medical marijuana enforcement on those abusing state and local laws.
Financial Implications: None
Contact: Wendy Cosin, Commission Secretary, 981-7400
Action:  Continued to June 2, 2009.

Consent Calendar – Council Items

18.  Proclamation Recognizing Resources for Community Development on their 25th Anniversary (pdf)
From: Mayor Bates
Recommendation:
Adopt a proclamation recognizing Resources for Community Development (RCD), on the occasion of their 25th Anniversary, for their many contributions in creating affordable housing and building community throughout Berkeley.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendation.

19.  Official City Sponsorship of the ARTSPARK! Festival (pdf)
From: Councilmembers Moore and Anderson
Recommendation: Approve City sponsorship of the ARTSPARK! Festival.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120;
Max Anderson, Councilmember, District 3, 981-7130
Action:  Approved recommendation.

20.  Request for Status Report: Labor Negotiations for the West Berkeley Bowl, 920 Heinz Ave. (pdf)
From: Councilmember Moore and Mayor Bates
Recommendation:
Request that the City Manager report to the Council the status of labor negotiations for the West Berkeley Bowl, 920 Heinz Ave, during the May 19th City Council Meeting.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Removed from the agenda.

21.  Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival (Continued from May 05, 2009) (pdf)
From: Councilmembers Anderson, Moore, Worthington and Arreguin
Recommendation: Approve co-sponsorship of the 22nd Annual Berkeley Juneteenth Festival to be held on Saturday, June 13, 2009.
Financial Implications: General Fund - $4,050
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Approved recommendation.

22.  Support Communications Workers of America Contract Negotiations (pdf)
From: Councilmember Worthington
Recommendation:
To urge AT&T to conclude contract negotiations with the Communication Workers of America for a fair and equitable contract.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

23.  Support the Bhopal Gas Disaster Resolution and Letter to Dow Chemical Company (pdf)
From: Councilmembers Worthington and Maio
Recommendation:
Adopt a Resolution conveying to Dow Chemical that it is their responsibility to assume liability for the Bhopal disaster, and reaffirm the City’s divestment policy toward Dow Chemical.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,451–N.S.  Abstain–Wozniak.

24.  Reimbursement for 7th Annual Holocaust Remembrance Day Event (pdf)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution approving reimbursement to Councilmember Kriss Worthington for costs associated with the 7th Annual Holocaust Remembrance Day.
Financial Implications: $294.89
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,452–N.S.

25.  United Nations Declaration on the Rights of Indigenous Peoples (pdf)
From: Councilmember Worthington
Recommendation:
Recognize and endorse the United Nations Declaration on the Rights of Indigenous Peoples, and send a letter to United States Ambassador to the United Nations, Susan Rice.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

26.  One-Time Budget Referral for East Bay Community Scholarship Fund School Supply Initiative (pdf)
From: Councilmembers Wozniak and Anderson
Recommendation:
Refer to the budget process $22,500 for the East Bay Community Scholarship Fund’s (EBCSF) School Supply Initiative (SSI) to provide every low-income student in the City of Berkeley with access to school supplies.
Financial Implications: $22,500
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Approved recommendation.  Recused–Moore.

Action Calendar – Public Hearing

27.  Fees: Annual Fire Inspections and Fire Permits (pdf)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a resolution establishing Annual Fire Inspection and Fire Permit fees for FY 2010 and rescinding Resolution No. 63,909-N.S.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

Public Testimony: The Mayor opened the public hearing. 1 speaker.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Wozniak/Maio) to adopt Resolution No. 64,453–N.S. establishing Annual Fire Inspection and Fire Permit fees for FY 2010 as amended to revise Section 105.7.2 Battery Systems to indicate 100 gallons equals 379 L and rescinding Resolution No. 63,909–N.S.  Vote: All Ayes

28.  Fees: Environmental Health Division (pdf)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution establishing fees for FY 2010 for permit and inspection and other services provided by the City of Berkeley Environmental Health Division as required by the Berkeley Municipal Code, Section 13.40.090, Section 12.04.020, Section 12.04.030, Section 11.12.040, Section 11.28.040, Section 11.20.030, Section 9.80.040, and the California Health and Safety Code Section 114381, Section 116053, Section 119303; and rescinding Resolution No. 64,076-N.S.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Maio/Moore) to adopt Resolution No. 64,454–N.S. establishing fees for FY 2010 for permit and inspection and other services provided by the City of Berkeley Environmental Health Division as required by the Berkeley Municipal Code, Section 13.40.090, Section 12.04.020, Section 12.04.030, Section 11.12.040, Section 11.28.040, Section 11.20.030, Section 9.80.040, and the California Health and Safety Code Section 114381, Section 116053, Section 119303; and rescinding Resolution No. 64,076-N.S.  Vote: All Ayes

29.  Fees: Rental Housing Safety Program (pdf)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution increasing the Rental Housing Safety Program annual fee by $9 per unit per year, to $26 per unit per year, and by $4.50 per room per year, to $13.00 per room per year.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

Public Testimony: The Mayor opened the public hearing. 5 speakers.  M/S/C (Wengraf/Arreguin) to close the public hearing.

Action: M/S/C (Arreguin/Anderson) to adopt Resolution No. 64,455–N.S.  Vote: Ayes–Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Bates; Noes–Wengraf, Wozniak.

30.  Fees: Parks Recreation Programs & Facilities FY 2010 (pdf)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt a Resolution to: 

  1. change non-resident fees to 20% over resident fees for all existing programs, with the exception of all drop-in programs, Special Events, Wedding Rentals, Adult Softball, Adult Basketball, Youth Twilite Basketball (team), and camp programs;
  2. establish new program fees for Teen Camp and Birthday Parties at the Skate Park;
  3. establish a discount for multi-room rentals at Recreation Centers and for Fish Camp groups of 75-250 persons at Berkeley Tuolumne Camp; and
  4. rescind Resolution No. 64,334-N.S.  New fees are in effect on August 10, 2009.

Financial Implications: See report.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Maio/Moore) to adopt Resolution No. 64,456–N.S. to:

  1. change resident fees to 20% over resident fees for all existing programs, with the exception of all drop-in programs, Special Events, Wedding Rentals, Adult Softball, Adult Basketball, Youth Twilite Basketball (team), and camp programs;
  2. establish new program fees for Teen Camp and Birthday Parties at the Skate Park;
  3. establish a discount for multi-room rentals at Recreation Centers and for Fish Camp groups of 75-250 persons at Berkeley Tuolumne Camp; and
    rescind Resolution No. 64,334-N.S.  New fees are in effect on August 10, 2009.

Vote: All Ayes

31.  Fees: Marina Rates FY 2010 (pdf)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution:  establishing a new rate schedule that increases: (1) berth fees by up to 6.25%; (2) dry storage rates by up to 25%; (3) storage locker rental fees by 25%; and (4) Small Boat Launch Ramp Fees by 50%.  (See Exhibit A - Marina Rate Schedule for FY 2010).
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Public Testimony: The Mayor opened the public hearing. 1 speaker.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Moore/Capitelli) to adopt Resolution No. 64,457–N.S. establishing a new rate schedule that increases: (1) berth fees by up to 6.25%; (2) dry storage rates by up to 25%; (3) storage locker rental fees by 25%; and (4) Small Boat Launch Ramp Fees by 50%.  (See Exhibit A - Marina Rate Schedule for FY 2010).  Vote: Ayes–Maio, Moore, Anderson, Capitelli, Wengraf, Bates; Noes–Worthington; Abstain–Arreguin, Wozniak.

32.  Fees: Aboveground Petroleum Storage Tank Fee (pdf)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution establishing a fee for aboveground petroleum storage tank facilities that are regulated under California Health and Safety Code (HSC) Division 20, Chapter 6.67 to be administered by the City of Berkeley’s Certified Unified Program Agency (CUPA), Toxics Management Division (TMD).
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Capitelli/Moore) to close the public hearing.

Action: M/S/C (Moore/Capitelli) to adopt Resolution No. 64,458–N.S. establishing a fee for aboveground petroleum storage tank facilities that are regulated under California Health and Safety Code (HSC) Division 20, Chapter 6.67 to be administered by the City of Berkeley’s Certified Unified Program Agency (CUPA), Toxics Management Division (TMD).  Vote: All Ayes.

33.  FY 2010 Street Light Assessments (pdf)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution confirming the assessments in the Engineer's Report, dated February 2009, and authorize the levying of FY 2010 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Maio) to close the public hearing.

Action: M/S/C (Maio/Moore) to adopt Resolution No. 64,459–N.S. confirming the assessments in the Engineer's Report, dated February 2009, and authorize the levying of FY 2010 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.  Vote: All Ayes.

34.  FY 2010-2011 Budget Public Hearing #1 (pdf)
From: City Manager
Contact:Tracy Vesely, Budget Manager, 981-7000

Public Testimony: The Mayor opened the public hearing. 18 speakers.  M/S/C (Anderson/Maio) to close the public hearing.

Action: Public Testimony heard and discussion held.  Budget Public Hearing #2 scheduled for June 9, 2009.

Action Calendar – Appeals

35.  West Berkeley Bowl (920 Heinz Avenue) (pdf)
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit Modification No. 09-70000007 to allow approved “full-service grocery marketplace” to open without required traffic signal at Heinz/San Pablo and left turn signal at Ashby/San Pablo, but with interim mitigations until required signals are installed.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,460–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit Modification No. 09-70000007 to allow approved “full-service grocery marketplace” to open without required traffic signal at Heinz/San Pablo and left turn signal at Ashby/San Pablo, but with interim mitigations until required signals are installed.

Action Calendar – New Business

36.  Berkeley City-Wide Public Pools Master Plan -- Authorization to Proceed with Environmental Analysis of the Preferred Plan and Design Variant (pdf)
Supplemental Agenda Material - Presentation (pdf)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to proceed with Environmental Analysis of preferred project and design variant for the Berkeley City-Wide Public Pools Master Plan.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: 13 Speakers.  M/S/C (Arreguin/Moore) to adopt Resolution No. 64,461–N.S. authorizing the City Manager to proceed with Environmental Analysis of preferred project and design variant for the Berkeley City-Wide Public Pools Master Plan.  Vote: All Ayes.

Recess: 9:28 p.m. – 9:38 p.m.

37.  Emissions Standards for Alternatives to Petroleum-Based Fuels
a.  
From: Community Environmental Advisory Commission (pdf)
Recommendation: Require the City Manager to discontinue use of B20 and revert back to petroleum diesel. Future uses of alternative fuels must show at least a 5% lower carbon intensity than petroleum based fuels per California Low Carbon Fuel Standard figures, which must incorporate accurate and reasonable land use displacement in the measure of the fuels’ lifecycle carbon intensity.
Financial Implications: None
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

b.  From: City Manager (pdf) 
Recommendation:  That staff analyze the recommendation by the Community Environmental Advisory Commission to use alternative fuels with a 5% lower carbon intensity than petroleum based fuels, evaluate options, and report back to City Council no later than September 15, 2009; and that in the interim:

  1. The City comply with state regulations for the Corporation Yard and not store biodiesel unless a variance is approved,
  2. Biodiesel no longer be stored at the Transfer Station regardless of potential approval of a variance.

Financial Implications:  See report
Contact:  Wendy Cosin, Planning and Development, 981-4702

Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation that staff analyze the recommendation by the Community Environmental Advisory Commission to use alternative fuels with a 5% lower carbon intensity than petroleum based fuels, evaluate options, and report back to City Council no later than September 15, 2009; and that in the interim:

  1. The City comply with state regulations for the Corporation Yard and not store biodiesel unless a variance is approved,
  2. Biodiesel no longer be stored at the Transfer Station regardless of potential approval of a variance.

38.  Disaster and Fire Safety Commission Report 2009
a.  
From: Disaster and Fire Safety Commission (pdf)
Recommendation: Ensure that the City continues to prepare for disasters.  Ensure that the following issue areas are addressed as described in the detailed recommendations contained in this report: Residential Soft Story Program, Unreinforced Masonry Building Program, Neighborhood Safety Walkabouts, Disaster Drills and Exercises, Multi-Commission Workshops
Financial Implications: See report
Contact: Kurt Chun, Commission Secretary, 981-3473

b.  From: City Manager (pdf)
Recommendation: The City Manager refers the specific operational items in the Disaster and Fire Safety Commission report, as detailed further below, to the budget process for consideration and review by impacted City departments. The recommendations put forth by the Disaster and Fire Safety Commission are comprehensive and cross multiple department responsibilities. The impact of the recommendations will require City staff to evaluate them further.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

Action: 1 speaker.  M/S/C (Worthington/Capitelli) to approve the City Manager’s recommendation that the City Manager refers the specific operational items in the Disaster and Fire Safety Commission report, as detailed further below, to the budget process for consideration and review by impacted City departments. The recommendations put forth by the Disaster and Fire Safety Commission are comprehensive and cross multiple department responsibilities. The impact of the recommendations will require City staff to evaluate them further.  Vote: All Ayes.

Information Reports

39.  Status Referral: West Berkeley Bowl: Council Referral - Labor Management (pdf)
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7400
Action:  Received and filed.

40.   **Removed from agenda by City Manager**Status Update: Implementation of FUND$ Change Management Audit Recommendations

41.  Status Report: Permit Service Center Surprise Cash Count - Need to Address Long Standing Security and Accountability (pdf)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

42.    **Removed from agenda by City Manager**Parcel Based Special Taxes, Fees and Assessments Audit - Status Report

43.  Ed Roberts Campus - Update on Leasing and Fundraising (pdf)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0

Adjournment: 10:55 p.m.

Communications

Item 36: Berkeley City-Wide Public Pools Master Plan -- Authorization to Proceed with Environmental Analysis of the Preferred Plan and Design Variants
1.      Summer Brenner
2.      Ying Mei Tcheou

Parking Ticket Issue – Referred to City Manager by Councilmember Arreguin
3.      David Wallace

Cell Phone Antennas @ 1760 Solano Avenue
4.      Yong Liu (Color photos available for viewing at City Clerk’s Office)

Global Warming Event
5.      David Eselius

Library Barcode System
6.      Marilla Arguelles

City Employee Vacation Time
7.      Barbara Gilbert

Supplemental Communications and Reports 1

Item 25: United Nations Declaration on the Rights of Indigenous Peoples
8.      Merrilie Mitchell

Item 27: Fees: Annual Fire Inspections and Fire Permits
9.      Gordon Wozniak, District 8

Item 28: Fees: Fees:  Environmental Health Division
10. Gordon Wozniak, District 8

Item 29: Fees: Rental Housing Safety Program
11. Jay Kelekian, Rent Stabilization Board
12. Gordon Wozniak, District 8

Item 31: Fees: Marina Rates FY 2010
13. Gordon Wozniak, District 8

Item 36: Berkeley City-Wide Public Pools Master Plan -- Authorization to Proceed with Environmental Analysis of the Preferred Plan and Design Variant
14. Susan Hall
15. Judi Berzon
16. Gary Marquard
17. Laurie Bright, Council of Neighborhood Associations (CAN)
18. Marie Bowman, Berkeley Alliance of Neighborhood Associations (BANA)
19. Greg Harper, Berkeleyans Against Soaring Taxes (BASTA!)
20. Henrik Bull

Supplemental Communications and Reports 2

Item 3: Ordinance Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems
21. John di Bene, AT&T

Item 34: FY 2010-2011 Budget Public Hearing #1
22. Adriana Betti, R.I.S.E. @ Berkeley High School

Item 36: Berkeley City-Wide Public Pools Master Plan -- Authorization to Proceed with Environmental Analysis of the Preferred Plan and Design Variant

  • Supplemental materials, submitted by Parks, Recreation & Waterfront (see agenda item)

23. Pamela Scullen

 

Home | Web Policy | Text-Only Site Map | Contact Us
City Clerk, 2180 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: clerk@cityofberkeley.info Phone: (510) 981-6900
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###