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Regular Meeting Annotated Agenda
September 29
, 2009

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 29, 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: 7:05 p.m. All present.

Ceremonial Matters: 

  1. Tayo Ogunmayin
  2. Indigenous People’s Day is October 10, 2009.
  3. Berkeley Project Day is October 10, 2009.

City Manager Comments:

  1. Please refer projects requests for Berkeley Project Day to City Manager
  2. Seasonal Flu Clinic – Berkeley Adult School, October 6, 2009 6-9pm

Public Comment on Non-Agenda Matters: 5 speakers.  Matter at 3095 Telegraph referred to City Manager by Councilmembers Arreguin and Worthington.

Public Comment on Consent Calendar and Information Items Only: 4 speakers.

Consent Calendar

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

1. Repeal and Reenactment of Berkeley Municipal Code Chapter 9.32 (Regulation of Massage Parlor Establishments) (PDF)From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,106–N.S. repealing and reenacting Chapter 9.32 of the Berkeley Municipal Code (BMC).
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action: Adopted second reading of Ordinance No. 7,106–N.S.

2. Lease Amendment: 1013 Pardee Street No. 105 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,107–N.S. to amend Contract 7472, approved by Ordinance No. 7,001-N.S., to increase expenditure authority for warehouse property lease at 1013 Pardee Street No. 105, for the period covering October 1, 2009 to September 30, 2010 to an amount not to exceed $166,800.00.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
Action: Adopted second reading of Ordinance No. 7,107–N.S.

3. Repeal and Re-enact BMC Section 17.12 - Flood Zone Development Ordinance and Rescind Ordinance 7,104 (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,108–N.S. to repeal and reenact Section 17.12 of the Berkeley Municipal Code regulating flood zone development, to comply with current National Flood Insurance Program requirements and rescind Ordinance 7,104-N.S.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,108–N.S.

4. Contract No. 7743 Amendment: Project Management for Citywide Pools Master Plan Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment with Tina Stott (Contract No. 7743) for project management of the Citywide Pools Master Plan Project, to increase the amount by $35,000 for a total amount not to exceed $110,000 for the period of September 24, 2008 through September 24, 2010.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,635–N.S.

5. Grant and Contract: 2009 Recovery Act Edward J. Byrne Memorial Justice Assistance Grant Local Solicitation (ARRA JAG) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept $285,168 in Federal funds from the 2009 Edward J. Byrne Memorial Justice Assistance Grant Local Solicitation (ARRA JAG) to be used for funding costs associated with crime and violence suppression patrols related to serious violent crimes for a period of approximately 36 months.
Financial Implications: Revenue: JAG Grant - $285,168
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,636–N.S.
 
6. Grant and Contract: 2009 Edward J. Byrne Memorial Justice Assistance Grant (JAG) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept $69,374 in Federal funds from the 2009 Edward J. Byrne Memorial Justice Assistance Grant (JAG) to be used for funding overtime costs associated with violence suppression patrols related to serious violent crimes for a period of approximately 24 months.
Financial Implications: JAG Grant Fund - $69,374
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,637–N.S.

7.   **Removed from Agenda by City Manager**Purchase Orders:  Trillium USA for Compressed Natural Gas for FY 2010 Through FY 2014

8. Contract: Alta Planning + Design for Architectural and Engineering Services for the Ninth Street Bicycle Boulevard Extension Project (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with Alta Planning + Design in an amount not to exceed $147,000 to provide architectural and engineering design services for the Ninth Street Bicycle Boulevard Extension project for the period October 1, 2009 through October 1, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,638–N.S.

Council Consent Items

9. Support of Congo Week October 18-24, 2009 (PDF)
From: Councilmembers Anderson and Moore
Recommendation: Adopt a Resolution supporting Congo Week for the Bay Area Friends of the Congo (BAFOTC) in the City of Berkeley.
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 64,639–N.S.

10. Amnesty for Late Renewal Penalties for Dog Licenses (PDF) 
From: Councilmember Arreguin and Wengraf
Recommendation: Adopt a Resolution approving the waiving of late renewal penalties for Berkeley dog licenses during the month of October 2009 as part of Animal Shelter Awareness Month.
Financial Implications: See report
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 64,640–N.S.

11. Support For The People Of Iran In The Wake Of The National Election Of June 13, 2009 (PDF)
From: Councilmember Arreguin and Anderson
Recommendation: Adopt a Resolution expressing support for the people of Iran in the wake of the national election of June 13, 2009.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 64,641–N.S.

12. Establishing the City of Berkeley as Tree City USA (PDF)
From: Councilmember Capitelli
Recommendation: Request that the Parks and Recreation Commission review the criteria and process for becoming a Tree City USA through the national Arbor Day Foundation, and return to the Berkeley City Council by their first meeting in January with a recommendation and resolution in time for California State Arbor Day, March 7 through 14.
Financial Implications: 
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Approved recommendation.

13. Parking Modification on Telegraph Avenue (PDF)
From: Councilmembers Worthington and Wozniak
Recommendation: Refer to City Manager the Telegraph Business Improvement District request that the City approve yellow zone parking on Telegraph Avenue be available for short-term parking from 6p.m. to 6a.m.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

14. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Telegraph Business Improvement District (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to approve the expenditure of $2,000 to the Telegraph Business Improvement District with funds relinquished from Councilmember Worthington's discretionary budget.
Financial Implications: Councilmember Worthington's Discretionary Budget - $2,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,642–N.S.

Action Calendar – Public Hearing

15. New Revenue Related to Parking Programs (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of two Ordinances to amend Berkeley Municipal Code (BMC) Chapter 14.52, Parking Meters to: 
  1. Increase the parking rate by 25¢ to $1.50 per hour effective November 15, 2009 by amending BMC Section 14.52.120.
  2. Expand locations of Single-Space Parking Meters and Pay-and-Display (P&D) Stations to commercial parking areas in Districts 1, 2, and 3 that currently have time zones, by amending BMC Section 14.52.010.

 Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing. 3 speakers.  M/S/C (Moore/Wengraf) to close the public hearing.

Action:  M/S/C (Wozniak/Anderson) to adopt the following:

  1. First reading of Ordinance No. 7,109–N.S. increasing the parking rate by 25¢ to $1.50 per hour effective November 15, 2009 by amending BMC Section 14.52.120.  Second reading scheduled for October 13, 2009 and
  2. First reading of Ordinance No. 7,110–N.S. expanding locations of Single-Space Parking Meters and Pay-and-Display (P&D) Stations to commercial parking areas in Districts 1, 2, and 3 that currently have time zones, by amending BMC Section 14.52.010 Second reading scheduled for October 13, 2009.

Staff to return in 6 months with status update. 

Vote: All Ayes

Action Calendar – Appeals

16. LPC Appeal: 2525 Telegraph Avenue (continued from September 22, 2009) (PDF)
From: City Manager
Recommendation: Adopt a Resolution to affirm the decision of the Landmarks Preservation Commission (LPC) to designate 2525 Telegraph Avenue as a City of Berkeley Landmark; or remand the matter back to the LPC to clarify the designation.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Capitelli/Wengraf) to adopt Resolution No. 64,643–N.S. remanding the decision of the Landmarks Preservation Commission (LPC) to designate 2525 Telegraph Avenue as a City of Berkeley Landmark.

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

Action Calendar – Old Business

17. Increase the Percentage of Inclusionary Housing Ordinance in Berkeley (continued from September 22, 2009) (PDF)
From: Councilmembers Worthington, Anderson, Arreguin and Moore
Recommendation: Refer to the Planning Commission as a time sensitive issue to consider strengthening the Inclusionary Housing Ordinance, including looking at raising it to 25 percent citywide.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: 0 Speakers. M/S/C (Worthington/Arreguin) to refer the matter to the Agenda Committee to set a worksession for October 27, 2009.  Action item continued to the October 27, 2009 Regular Agenda.

Vote: All Ayes.

Action Calendar – New Business

18. Borrowing of Funds and the Sale and Issuance of FY 2010 Tax and Revenue Anticipation Notes (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2010 Tax and Revenue Anticipation Notes.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300

Action: Moved to Consent Calendar. Adopted Resolution No. 64,644–N.S. approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2010 Tax and Revenue Anticipation Notes.

Recess: 9:30 p.m. – 9:39 p.m.

19. United Nations Treaty Reports (PDF)
From: Peace and Justice Commission
Recommendation: The Peace and Justice Commission adopted the following recommendation:

1.   That the Berkeley City Council affirm the value of localities complying with relevant UN Treaty recommendations; 

2    That the Council direct the City Manager to direct City Departments to provide data on City of Berkeley compliance with standards set forth in these treaties to UN Reports Subcommittee members;

3    That the Council direct the City Clerk to send a letter to Secretary of State Hillary Clinton with copies to President Barack Obama and UN Ambassador Susan Rice urging compliance with the reporting recommendations of the three UN Treaties for reports from the local level;

4    That the Council direct the City Clerk to send the City of Berkeley reports, when completed, with a cover letter to the following: Alameda County Board of Supervisors, the State of California Attorney General, the US State Department, The League of California Cities; the National League of Cities, the California Association of Counties, The Association of State Attorneys General.

The UN Human Rights Committee (ICCPR) (the U.S. report is due August 8, 2010), UN Committee on the Elimination of Racial Discrimination (CERD) (the U.S. report is due November 20, 2011), UN Committee Against Torture (CAT) (the U.S. report is due November 19, 2011).

Financial Implications: Unknown.  Additional staff resources to be determined.
Contact: Eric Brenman, Commission Secretary, 981-5100

Action: 4 Speakers. M/S/C (Worthington/Anderson) to approve the Peace and Justice Commission’s recommendation:

1    That the Berkeley City Council affirm the value of localities complying with relevant UN Treaty recommendations; 

2    That the Council direct the City Manager to direct City Departments to provide data on City of Berkeley compliance with standards set forth in these treaties to UN Reports Subcommittee members;

3    That the Council direct the City Clerk to send a letter to Secretary of State Hillary Clinton with copies to President Barack Obama and UN Ambassador Susan Rice urging compliance with the reporting recommendations of the three UN Treaties for reports from the local level;

4    That the Council direct the City Clerk to send the City of Berkeley reports, when completed, with a cover letter to the following: Alameda County Board of Supervisors, the State of California Attorney General, the US State Department, The League of California Cities; the National League of Cities, the California Association of Counties, The Association of State Attorneys General.

Final report to return to Council for approval before copies are sent.

Add reference to equal civil rights for Lesbian Gay Bisexual Transgender (LGBT) community.

Vote: All Ayes.

Action Calendar – Council Items

20. Refer AC Transit Suggestions to the Transportation Commission (PDF)
From: Councilmember Worthington
Recommendation: Refer the following suggestions, which are designed to improve transit in designated areas and throughout the city, to the Transportation Committee for review and recommendation:
  1. Explore future site locations for the development and implementation of a Multi-Modal Transit Center: Other cities have successfully created such centers. It may become necessary to site and develop a location for a layover location that could ultimately serve as a Transit Center for the Downtown core. To date, no project exists in either the Regional Transportation Plan or AC Transit’s Capital Improvement Plan.
  2. Implement a “Complete Streets” concept by developing paths of pedestrian travel from bus stops because every passenger completes their trip by walking to their final destination.
  3. Using fees from developers, work with AC Transit to develop investments in transit service to off-set the additional VMT.
  4. Prioritize transit operation during major events, like sporting games, by operating transit-only lanes in peak directions of travel.
  5. Prioritize programs and policies that will allow AC Transit to improve transit reliability and shorten travel times. Responsibility for implementation should be shifted from the transit provider to cooperation with the transit provider and the City.
  6. Develop a group of policies to provide safe, adequate transit operations. Safe and accessible transit operation should be a very high priority. The design of bus stops and turn motions should be guided by publications such as AC Transit’s handbook, Designing with Transit. Efforts to minimize parking loss can be considered, but should not be prioritized over safety and accessibility, since Berkeley is a Transit First City
  7. Collaborate with AC Transit to obtain funds to improve services to poorly served neighborhoods.

Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: Moved to Consent Calendar.  Approved Councilmember Worthington’s recommendation to refer the following suggestions, which are designed to improve transit in designated areas and throughout the city, to the Transportation Commission for review and recommendation:.

  1. Explore future site locations for the development and implementation of a Multi-Modal Transit Center: Other cities have successfully created such centers. It may become necessary to site and develop a location for a layover location that could ultimately serve as a Transit Center for the Downtown core. To date, no project exists in either the Regional Transportation Plan or AC Transit’s Capital Improvement Plan.
  2. Implement a “Complete Streets” concept by developing paths of pedestrian travel from bus stops because every passenger completes their trip by walking to their final destination.
  3. Using fees from developers, work with AC Transit to develop investments in transit service to off-set the additional VMT.
  4. Prioritize transit operation during major events, like sporting games, by operating transit-only lanes in peak directions of travel.  This matter is to be widely vetted. 
  5. Prioritize programs and policies that will allow AC Transit to improve transit reliability and shorten travel times. Responsibility for implementation should be shifted from the transit provider to cooperation with the transit provider and the City.
  6. Develop a group of policies to provide safe, adequate transit operations. Safe and accessible transit operation should be a very high priority. The design of bus stops and turn motions should be guided by publications such as AC Transit’s handbook, Designing with Transit. Efforts to minimize parking loss can be considered, but should not be prioritized over safety and accessibility, since Berkeley is a Transit First City.  This matter is to be widely publicized and vetted.
  7. Collaborate with AC Transit to obtain funds to improve services to poorly served neighborhoods.

Public Comment – Including Items Not Listed on the Agenda – 1 speaker.

Adjournment: 10:13 p.m.

Communications (PDF)

Downtown Area Plan 
1.    Anthony Bruzzone
2.    Fred Dodsworth

Supplemental Communications and Reports 1 (PDF)

Item 9: Support of Congo Week October 18-24, 2009

  • Revised report, submitted by Maxwell Anderson, District 3 (see agenda item)

Item 12: Establishing the City of Berkeley as Tree City USA
3.    Dick Beahrs

Supplemental Communications and Reports 2 (PDF)

Item 16: LPC Appeal: 2525 Telegraph Avenue
4.    Rena Rickles

  • Unknown (Oversized colored photocopies available for viewing in City Clerk’s Office)

Item 19: United Nations Treaty Reports
5.    Eric Brenman, Peace & Justice Commission

 

 

 

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