City Clerk
City Clerk

Regular Meeting eAgenda
October 13
, 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: 

  • 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 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 13, 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, CMC, 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.   New Revenue Related to Parking Programs (PDF) 
From: City Manager
Recommendation:
1.     Adopt the second reading of Ordinance No. 7,109–N.S. to amend Berkeley Municipal Code (BMC) Chapter 14.52, Parking Meters to: Increase the parking rate by 25¢ to $1.50 per hour effective November 15, 2009 by amending BMC Section 14.52.120
2.     Adopt the second reading of Ordinance No. 7,110–N.S. to 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

2.   Appointment of City Attorney (PDF)
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Zach Cowan as City Attorney to be effective October 18, 2009.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000

3.   Appointment of Director of Housing and Community Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Jane Micallef as Director of Housing and community Services to be effective October 18, 2009.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000

4.   Referendum Petition - Downtown Area Plan: Resolution No. 64,581-N.S. (PDF) 
From: City Manager
Recommendation:
Acknowledge that the referendum petition against the Downtown Area Plan, Resolution No. 64,581-N.S. contains the requisite number of valid signatures.
Financial Implications: See report
Contact: Deanna Despain, City Clerk, 981-6900

5.   Minutes for Approval (PDF) 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 22, 2009 (regular), September 29, 2009 (special closed and regular) and October 5, 2009 (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

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 - $2,025,000
Contact: Robert Hicks, Finance, 981-7300

7.   City-Wide Security Services for Various City Locations and Facilities (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a citywide contract and any amendments with Universal Protection Service (UPS), to provide security services at various City locations and facilities for the period November 1, 2009 to June 30, 2012 for an amount not to exceed $410,000 annually. Also authorize an option to extend the contract for two additional 1 year periods for a total of 5 years, subject to the City’s annual budget appropriation process for a total authorized amount not to exceed $2,050,000.
Financial Implications:See report
Contact: Robert Hicks, Finance, 981-7300

8.   Sale of Proposition 1A Receivable From the State (PDF) 
From: City Manager
Recommendation: Adopt a Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller's Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

9.   Contract No. 6841 Amendment: Prescription Psychiatric Medications (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6841 with United Pharmacy for the provision of prescription psychiatric medications to increase the amount by $132,959 for a total contract amount not to exceed $964,918.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100

10.  Contract No. 7212A Amendment: Kaiser Permanente Medical Group for Occupational Health Services (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7212A with The Kaiser Permanente Medical Group in the amount of $250,000 through June 30, 2012 for occupational health medical examinations, including pre-employment and annual physicals.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

11.  Salary Compaction Adjustment - Tractor Trailer Driver and Solid Waste Loader Operator Classification (PDF) 
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,171-N.S., Classification and Salary Resolution for Service Employees International Union (SEIU) Local 1021 (Maintenance & Clerical Chapters), to increase the salaries of the Tractor Trailer Driver by 3.5% and the Solid Waste Loader Operator by 6.1% effective June 28, 2009.
Financial Implications: Refuse Fund - $45,000
Contact: David Hodgkins, Human Resources, 981-6800

12.  Access to Summary Criminal History Information for Emergency Medical Technicians (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing staff in several departments to access state and local summary criminal history information obtained through fingerprint identification for employment purposes for sworn Fire personnel who certified by the State of California as Emergency Medical Technicians.
Financial Implications: General Fund - $10,000
Contact: David Hodgkins, Human Resources, 981-6800

13.  Increase Purchase Order No. 75357 for TEC of California Inc. (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2009 purchase order number 75357 to TEC of California, Inc. by $5,653 to $301,653 for safety features on solid waste trucks.
Financial Implications: Equipment Replacement Fund - $5,653
Contact: Claudette Ford, Public Works, 981-6300

14.  Reappointment to Mental Health Commission (PDF) 
From: Mental Health Commission
Recommendation: Approve the reappointment of Geraldine Craig to the Mental Health Commission, as a representative of the Special Public Interest Category, to continue her three-year term ending May 5, 2012.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5200

15.  Audit: Utilization of Public Works Sewer Staff Can Be Improved (PDF) 
From: City Auditor
Recommendation: Request the City Manager report back by April 2010 (and every six months thereafter) regarding the implementation status of each recommendation in the attached audit report until all recommendations have been reported implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

Council Consent Items

16.  Relinquishment Of Council Office Budget Funds To General Fund and Grant Of Such Funds To The Earth Island Institute’s “Brower Youth Awards,” Resources for Community Development (RCD), the Women’s Daytime Drop-In Center (WDDC), and SEEDS Community Resolution Center (PDF)
From: Councilmember Maio
Recommendation: Adopt a Resolution to approve the expenditure of $200 to the Earth Island Institute’s “Brower Youth Awards,” $200 to RCD, $500 to the WDDC, and $250 to SEEDS with funds relinquished to the City’s General Fund for this purpose from Councilmember Maio’s discretionary Council Office Budget.
Financial Implications: No General Fund impact; $1,150 is available from Councilmember Maio’s Council Office Budget.
Contact: Linda Maio, Councilmember, District 1, 981-7110

17.  Establishing an Efficiency Task Force (PDF) 
From: Councilmembers Moore and Wozniak
Recommendation: Authorize the City Manager to develop an Efficiency Taskforce to respond to various economic challenges.
Financial Implications: Unknown
Contact: Contact: Darryl Moore, Councilmember, District 2, 981-7120

18.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Boosters/Police Activities League Boys’ Traveling Team (PDF) 
From: Councilmember Moore
Recommendation: Adopt a Resolution to approve the expenditure of $250 to the Berkeley Boosters/Police Activities League Boys’ Traveling Team with funds relinquished to the City’s General Fund for this purpose from Councilmember Moore’s discretionary Council Office Budget.
Financial Implications: No General Fund Impact.  Councilmember Moore’s Discretionary Fund - $250
Contact: Darryl Moore, Councilmember, District 2, 981-7120

19.  Declare Saturday, October 31 2009, “Berkeley Patients Group Day” in the City of Berkeley (PDF) 
From: Councilmembers Moore, Anderson, Maio and Worthington
Recommendation: Adopt a Resolution declaring Saturday, October 31 2009 “Berkeley Patients Group Day,” in honor of Berkeley Patients Group’s tenth anniversary of providing medical cannabis to patients and caregivers.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

20.  Call for U.S. Support for Third Party Diplomatic Negotiations in the Niger Delta and Support for the Energy Security Through Transparency Act (PDF)
From: Councilmembers Arreguin, Anderson and Moore
Recommendation: Adopt a Resolution calling for U.S. support for third party diplomatic negotiations in the Niger Delta and support the Energy Security Through Transparency Act (ESTT) [S. 1700]
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

21.  Support HR 3221 Student Aid and Fiscal Responsibility Act (PDF) 
From: Councilmembers Worthington and Arreguin
Recommendation: Send a letter to President Barack Obama, Senator Barbara Boxer and Senator Diane Feinstein urging them to support the Student Aid and Fiscal Responsibility Act of 2009 (H.R. 3221).
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker; however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.


Action Calendar – Old Business

22.  Wireless Telecommunication Facilities: Direction on Next Steps (Continued from June 23, 2009) (PDF)
From: City Manager
Recommendation: Provide direction on the timing, process, and funding for preparation of a Wireless Telecommunications Master Plan.
Financial Implications: 
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business

23.  Deferral and Eventual Waiver of Permit Fees to Encourage Weatherford BMW to Build Its New Dealership in Berkeley (PDF)
From: Economic Development
Recommendation: Adopt a Resolution authorizing the City Manager to defer building permit fees for Weatherford BMW's proposed project to construct a new dealership at 735 Ashby/750 Potter Street in West Berkeley, waive these fees upon completion of the project, and replace lost Permit Services Center revenue from the General Fund Reserve.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

24.  Proposed Revisions to Berkeley Sign Regulations (PDF) 
From: City Manager
Recommendation: Adopt first reading of two Ordinances
1.    Amending Berkeley Municipal Code Title 20 (Regulating Signage)
2.    Amending Berkeley Municipal Code Title 16 (Streets, Sidewalks, and Other Public Property).
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Council Items

25.  Stop the Bus Cuts – Transfer BRT Capital $ Into Operating Funds (PDF)
From: Councilmember Worthington
Recommendation: Send a letter to the Metropolitan Transportation Commission (MTC) and AC Transit requesting that they do everything possible, legally and operationally, to transfer funds to prevent cuts.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

26.  Unrepresented Temporary Employees (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

27. **Removed from Agenda by City Manager**Credit Card Enabled Single-Space Meter Pilot in North Berkeley

28.  Status Report on the Aquatic Park Cleaning Project Phase 1 (PDF) 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

29.  Sanitary Sewer System – Inspection and Administrative Order by the U.S. Environmental Protection Agency (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

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 an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

Please refrain from wearing scented products to this meeting.

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

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on October 8, 2009.

Deanna Despain, CMC, 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 25: Stop the Bus Cuts – Transfer BRT Capital $ Into Operating Funds
1.    Kriss Worthington, District 7

Support for Parker Place
2.    Marla Wilson, on behalf of Greenbelt Alliance

 

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