City Clerk
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Regular Meeting eAgenda
October 27
, 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 27, 2009

7:00 P.M.

 

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, CMC, City Clerk, 981-6900

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


Preliminary Matters

Roll Call:

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

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

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

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

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

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.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of October 13, 2009 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

2.   Affidavit of Residency for City Commissioners (PDF)
      Revised materials (PDF)
 From: City Manager
Recommendation:
Adopt first reading of an Ordinance requiring all members of city boards and commissions to file an affidavit of residency at the time of appointment and annually for the duration of their service on a commission.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

3.   Signatures In Lieu of Filing Fee Ordinance (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance clarifying the rules and procedures for issuing, circulating, and filing signatures in-lieu of filing fee for City candidates.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

4.   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: Sanitary Sewer Operation - $250,000
Contact: Robert Hicks, Finance, 981-7300

5.   Contract: H1N1 Vaccination Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City manager to enter into and execute a single-source contract and any amendments with Care Dynamix Inc. dba Flu Busters in an amount not to exceed $150,000 to provide H1N1 vaccination services to Berkeley students and community members for the period November 1, 2009 through June 30, 2010.
Financial Implications: See report
Contact: Fred Medrano, Health Services, 981-5300

6.   Shelter Plus Care Grant Application (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the City Manager's action to authorize submittal of an application to the U.S. Department of Housing and Urban Development (HUD) for a new five-year Shelter Plus Care grant in the amount of $824,700 to provide rental subsidies for homeless seniors in Berkeley, and to execute any resultant agreements.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

7.   Winter Homeless Shelter Programs (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with the City of Oakland, Department of Human Services, in an amount not to exceed $61,000 for operation of the Winter Shelter Program at the Oakland Army Base.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

8.   Grant Application: First 5 Alameda County Neighborhood Partnership Grant (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the First 5 Alameda County grant program for a Neighborhood Partnership Grant to operate youth programs in the amount of $112,500 over 18 months; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: General Fund - $112,500 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

9.   Metropolitan Transportation Commission (MTC) / Association of Bay Area Governments (ABAG)-Funded Consultants for Downtown Projects (To Be Delivered)
To Be Delivered Supplemental materials (PDF)
From: City Manager
Recommendation: 
Adopt four resolutions authorizing the City Manager to:
1.  Execute a contract and any amendments with Nelson/Nygaard Associates for a Parking and Transportation Demand Management program (PTDM) in an amount not to exceed $175,000 for the period of November 1, 2009 through December 31 2010
2.  Execute a contract and any amendments with Economic & Planning Systems for a Streets and Open Space Improvement Plan (SOSIP) in an amount not to exceed $55,000 for the period of November 1, 2009 through December 31 2010
3.  Execute a contract and any amendments with Dyett Bhatia Associates for development of a Downtown Development Code (DDC) in an amount not to exceed $30,000 for the period of November 1, 2009 through December 31 2010
4.  Accept a grant award in the amount of $300,000 and execute the resultant grant agreement and any amendments with the Association of Bay Area Governments and Metropolitan Transportation Commission (ABAG/MTC) for the period September 1 2009 to April 30 2010.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 

10.  Contract: RouteSmart Technologies, Inc. for Solid Waste Route Optimization (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a contract with RouteSmart Technologies for route optimization software for a total amount not to exceed $109,000 for the period November 1, 2009 to December 31, 2013.
Financial Implications: Refuse Fund - $109,000 over 3 years
Contact: Claudette Ford, Public Works, 981-6300

11.  Contract No. 7055B Amendment: Securitas Security Services USA Inc. (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 7055B with Securitas Security Services USA Inc., for security guard services at the Corporation Yard, Solid Waste Center and Berkeley Marina, extending the current term of September 1, 2006 to September 30, 2009 to a new end date of October 31, 2009; and adding $50,000 for a new total not to exceed amount of $901,628.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

12.  Purchase Orders: Trillium USA for Compressed Natural Gas for FY 2010 through FY 2014 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute purchase orders for compressed natural gas (CNG) with Trillium USA in an amount not to exceed $625,000 for FY 2010 through FY 2014.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

13.  Ordinance: BMC New Chapter 9.88 for Tax Relief Action to Cut Commuter Carbon (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adding a new Chapter 9.88 to the Berkeley Municipal Code (BMC) requiring all employers with 10 or more employees to offer employees a pre-tax payroll deduction for commute benefits as per Federal Tax law, Internal Revenue Code section 132(f).
Financial Implications: Minimal Staff time.
Contact: Claudette Ford, Public Works, 981-6300

14.  Additional 2009 Meeting for the Commission on the Status of Women (PDF)
From: Commission on the Status of Women
Recommendation:
Approve an additional meeting in calendar year 2009 for the Commission on the Status of Women.
Financial Implications: Minimal--limited to space rental costs.
Contact: Tasha Tervalon, Commission Secretary, 981-5300

Council Consent Items

15.  Appointment of Katherine Gale to the Berkeley Housing Authority (BHA) Board of Commissioners (PDF)
From: Mayor Bates
Recommendation:
Adopt a Resolution approving the appointment of Katherine Gale to the position vacated by Mr. Wise Allen on the Berkeley Housing Authority (BHA).
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

16.  Support the Health Insurance Public Option Resolution (PDF)
From: Councilmember Maio
Recommendation:
Adopt a Resolution to support the Health Insurance Public Option Resolution.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

17.  Referral to Planning Commission: Allowing Beer and Wine Service for Quick Service Restaurants in the Downtown (PDF)
From: Councilmembers Arreguin, Capitelli and Mayor Bates
Recommendation:
Refer the proposed ordinance to the Planning Commission, amending Berkeley Municipal Code (B.M.C.) Section 23E.68.030 to allow beer and wine service for quick service restaurants in the C-2 Zoning District subject to an administrative use permit and request that the Planning Commission review the proposal and make a recommendation to the City Council within 90 days.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

18.  Budget Referral: Purchasing a Cazadero Legacy Bench (PDF)
From: Councilmember Capitelli
Recommendation:
Refer to the budget process the purchase of a Cazadero Legacy Bench.
Financial Implications: $1,500
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

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 – 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.

19.  ZAB Appeal: 2421 Ninth Street (PDF)
       Attachment 6 - Admin Record (PDF)
       Attachment 6 - Admin Record Pt 2 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution dismissing the appeal and affirming the ZAB's decision to approve Use Permit No. 05-10000084 to construct a two-story, 1,396 square-foot, detached dwelling unit at the rear of a 6,500 square-foot lot with an existing single-family dwelling unit.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.   Communication
1.  Jeb Evans/Tanja Zimmerman

20.  ZAB Appeal: 1854-78 Euclid Avenue (PDF)
       Attachment 6 - Admin Record (PDF)
From: City Manager
Recommendation:
Adopt a Resolution dismissing the appeal and affirming the Zoning Adjustments Board's decision to approve Use Permit No. 09-100000012 to establish a new Quick Service Restaurant, to waive the additional parking space required for the change of use, and to combine two commercial tenant spaces into one at 1854-78 Euclid Avenue in the Commercial Neighborhood (C-N) district.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and 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.

21.  Sale of 2240 Ninth Street (PDF)
From: City Manager
Recommendation:
Conduct a public hearing to hear protests to the sale of City owned property at 2240 Ninth Street, and upon conclusion of the hearing, adopt a first reading of an Ordinance to sell the property at market value. Authorize the City Manager to contract for real estate professional services to market and sell the property and to execute all appropriate legal documents to effectuate the transfer.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

Action Calendar – Presentation

22.  Presentation: Police Review Commission’s Statistical Report (PDF)
        Supplemental Report (PDF)
From: Police Review Commission
Financial Implications:
None
Contact: Victoria Urbi, Commission Secretary, 981-4950

Action Calendar – New Business

23.  Ordinance Adopting Procedures for Proposal and Issuance of Bonds (PDF)
From: City Manager
Recommendation:
Adopt the first reading of an Ordinance adopting a new chapter 7.64 of the Berkeley Municipal Code to establish procedures for proposing and issuing bonds.
Financial Implications: None
Contact: Zach Cowan, City Attorney's Office, 981-6950

24.  Withdrawal of United States Armed Forces and Private Mercenary Contractors from Afghanistan (PDF)
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution advocating the withdrawal of United States Armed Forces and private mercenary contractors from Afghanistan and the cessation of United States military drone attacks on Afghanistan and Pakistan.
Financial Implications: None.
Contact: Eric Brenman, Commission Secretary, 981-5100

Information Reports

25.  LPC-NOD: 2054 University Avenue (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

26.  LPC-NOD: 1500 Shattuck Avenue (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

27.**Removed from Agenda by City Manager**Efficiency and Conservation Block Grant Award

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

29.  Winter Storm Preparation (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 22, 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 13: Ordinance: Tax Relief Action to Cut Commuter Carbon
1.    Rick Fernandez
2.    Wendy Alfsen

Downtown Plan
3.    Ruth Collier

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