City Clerk
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Regular Meeting eAgenda
November 10
, 2009

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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, November 10, 2009
 
7:00 p.m.
 
Council Chambers, 2134 Martin Luther King Jr. Way
 
Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, 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.   Affidavit of Residency for City Commissioners (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,111-N.S. 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
First Reading Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes: Worthington
Contact: Deanna Despain, City Clerk, 981-6900

2.   Signatures In-Lieu of Filing Fee Ordinance (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,112-N.S. clarifying the rules and procedures for issuing, circulating, and filing signatures in-lieu of filing fee for City candidates.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Deanna Despain, City Clerk, 981-6900

3.   Ordinance: BMC New Chapter 9.88 for Tax Relief Action to Cut Commuter Carbon (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,113-N.S. 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.
First Reading Vote: All Ayes
Contact: Claudette Ford, Public Works, 981-6300

4.   Sale of 2240 Ninth Street (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,114-N.S. 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
First Reading Vote: All Ayes
Contact: Jane Micallef, Housing, 981-5400

5.   Ordinance Adopting Procedures for Proposal and Issuance of Bonds (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,115-N.S. adopting a new chapter 7.64 of the Berkeley Municipal Code to establish procedures for proposing and issuing bonds.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Zach Cowan, City Attorney, 981-6950

6.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the October 27, 2009 meetings (Special Worksession, Regular and Closed)
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900 

7.   Adopt Revised Conflict of Interest Code (PDF)
From: City Manager
Recommendation:
Adopt a Resolution rescinding Resolution No. 64,221-N.S. and adopting a revised Conflict of Interest Code for the City of Berkeley.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

8.   Appointment of Police Chief and Amendments to Unrepresented Employee Manual and Retiree Health Premium Assistance Plan (PDF)
From: City Manager
Recommendation:
Adopt three Resolutions as follows:
1.  Confirming the appointment of Michael Meehan as Police Chief to be effective December 13, 2009 and authorizing the CM to negotiate an Housing Assistance loan as set forth in the attached resolution
2.  Amending Resolution No. 60,777-N.S.(Unrepresented Employee Manual) regarding benefits;
3. Amending Resolution No. 61,752-N.S. (Retiree Health Premium Assistance Plan) on retiree medical benefits for the newly appointed Police Chief.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000

9.   Amendment to Sublease Agreement for 2031 Sixth Street and Purchase and Sale Agreement for 2031 Sixth Street (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing execution of an amendment to the City’s sublease of 2031 Sixth Street to Lifelong Medical Care, and a Purchase and Sale Agreement for 2031 Sixth Street, also with LifeLong Medical Care.
Financial Implications: Revenue - $750,000
Contact: Christine Daniel, Deputy City Manager, 981-7000

10.  **Item Removed by City Manager**Contract Amendment: City of Inglewood-Parking Citation Administration Services (Contract No. 7187)
Contact: Lisa Caronna, Deputy City Manager, 981-7000

11.  Loan Amendment: The Berkeley Symphony Orchestra (PDF)
From: City Manager
Recommendation:
Adopt a Resolution granting a one-time, one year deferment of the $20,000 payment that was due in September 2009 from the Berkeley Symphony Orchestra (the Symphony) to the City of Berkeley, shift the payment schedule of the three subsequent $20,000 payments forward one year and allow an extension of the loan terms by one year until September 2013 to accommodate the deferred payments.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

12.  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 - $1,090,000
Contact: Robert Hicks, Finance, 981-7300

13.  Lease Agreement: Clinic Site at Alta Bates Summit Medical Offices (PDF)
       To Be Delivered materials (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Alta Bates / Summit Medical Center for the purpose of securing temporary space for the City's Public Health Clinic at 830 University, during planned renovations of that facility beginning January 4, 2010. The lease term is for the period December 17, 2009 through June 17, 2010, for an amount not to exceed $25,000 (for operating costs only; the lease will be rent-free).
Financial Implications: See report.
Contact: Fred Medrano, Health Services, 981-5100

14.  Representation Unit Modification (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,251-N.S. (Classification and Salary Resolution for Public Employees Union Local 1) to reflect a modification in the Representation Unit of the classifications of Library Services Manager, Circulation Services Manager and Library Information Systems Administrator from Representation Unit P-1 - Professional (Career) to Representation Unit M - Management (Career) to implement the representation unit modification approved by the Personnel Board on October 5, 2009.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

15.  Contract: D'Arcy & Harty Construction, Inc. for Sanitary Sewer Project at Alcatraz Avenue, Colby St (PDF)
From: City Manager
Recommendation:
Adopt a Resolution: 1) Approving plans and specifications for the Sanitary Sewer Project, 09-10436C, located at Alcatraz Avenue, Colby Street, et al; 2) Accepting the bid of D'Arcy & Harty Construction, Inc.; and 3) Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in an amount not to exceed $531,424 for the period of 190 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

16.  Contract: Precision Engineering, Inc. for Sanitary Sewer Project at Alcatraz Avenue, California Street, et al. (PDF)
From: City Manager
Recommendation:
Adopt a Resolution: 1) Approving plans and specifications for the Sanitary Sewer Project, 10-10448-C, located at Alcatraz Avenue, California Street, et al; 2) Accepting the bid of Precision Engineering, Inc.; and 3) Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in an amount not to exceed $934,063 for the period of 190 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

 17.  Lease Agreement Moe's Flower Shop at Telegraph Channing Mall (PDF)
        Supplemental materials (PDF)
From: City Manager
Recommendation:
Adopt a first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj doing business as Moe's Flower Shop for the purpose of operating a flower stand and a storage area at the Telegraph Channing Garage Shops. The lease term is for the period January 1, 2010 to August 31, 2014, with an option to extend the term for an additional five-year period.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

18.  Contract: PC Scale Inc. for Solid Waste Scalehouse Management Software (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a contract with PC Scale Inc. for solid waste scalehouse management software for a total amount not to exceed $137,740 for the period November 1, 2009 through June 30, 2013.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

19.  Contract No. 8112 Amendment: Blackshear Construction for the Fire Warehouse Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8112 with Blackshear Construction to remove and dispose contaminated soil from 1011 Folger Avenue site by increasing the contract amount by $264,185 plus contingency in the amount of $134,000 for a revised amount not to exceed $1,264,185.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

20.  Contract No. 7898 Amendment: Winzler & Kelly, Inc for the Transfer Station Green Waste Fluid Separation Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7895 with Winzler & Kelly, Inc for additional design services for the Transfer Station Green Waste Fluid Separation Project, increasing the contract amount by $106,000 for a revised amount not to exceed $140,000, for the period February 28, 2009 to December 31, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

21.  Request for an Additional Parks & Recreation Commission Meeting in 2009 (PDF)
From: Parks and Recreation Commission
Recommendation:
Adopt a Resolution approving an additional Parks & Recreation Commission meeting for calendar year 2009.
Financial Implications: None
Contact: Virginia Aiello, Commission Secretary, 981-6700

Council Consent Items

22.  Urging The California State Legislature To Amend The Costa-Hawkins Act To Clarify That Inclusionary Zoning Requirements Are Not Pre-Empted By The Law (PDF)
From: Councilmembers Arreguin Capitelli and Maio
Recommendation:
Adopt a Resolution urging the California State Legislature to amend the Costa-Hawkins Act to clarify that inclusionary zoning requirements are not pre-empted by the law.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

23.  Banning Animal Declawing (PDF)
From: Councilmembers Arreguin and Wengraf
Recommendation:
Adopt first reading of an Ordinance prohibiting animal declawing, absent a therapeutic purpose.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

24.  Creation of a Housing Mitigation Fee (PDF)
        Revised materials (PDF)
From: Councilmembers Capitelli, Arreguin and Maio
Recommendation:
Direct the City Manager to explore various alternatives for creating a Housing Mitigation Fee on new construction and report to Council on the options available for creating such a fee. These options are to be reported to Council by its meeting of January 26, 2010.
Financial Implications: May result in an increase in revenue to the Housing Trust Fund.
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

25.  Oppose Recommendations by the Commission on the 21st Century Economy To Drastically Change the California Tax System (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter opposing the Commission on the 21st Century Economy recommendations to shift the burden of taxes on the middle and poor class to State Senator Loni Hancock and Assembly member Nancy Skinner.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

26.  Support for H.R. 3766 - $1 Billion for Affordable Housing (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution urging President Barack Obama, U.S. Congress, California State Legislature, and Governor Schwarzenegger to support U.S. House of Representatives Resolution 3766 - "Main Street TARP Act of 2009."
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

27.  Support of Rochdale Village Lease Renewal on Existing Terms (PDF)
From: Councilmembers Worthington, Arreguin and Wozniak
Recommendation:
Send a letter requesting that the University of California renew the ground lease of Rochdale Village for an additional thirty years on the existing conditions of the lease.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

28.  Establishment of a Do Not Mail Registry (PDF)
From: Councilmembers Wozniak and Capitelli
Recommendation:
Adopt a Resolution requesting the State of California to establish a Do Not Mail Registry giving citizens the choice to stop unwanted commercial junk mail from being delivered to their residences. Direct the City Manager to send a letter to Senator Hancock, Assemblywoman Nancy Skinner as well as the president Pro-Tem of the California Senate and the Speaker of the California Assembly requesting that the State of California establish a Do Not Mail Registry.
Financial Implications: None
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

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 – 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.

29.  Downtown Berkeley Business Improvement District Annual Assessment (PDF)
From: City Manager
Recommendation:
Conduct a public hearing, and upon conclusion:
1.  Adopt a Resolution confirming the 2010 Annual Report of the Downtown Business Improvement District (BID) and to levy an annual assessment for the Downtown Business Improvement District (BID) for calendar year 2010.
2.  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $425,000 of Downtown BID funds to support Downtown revitalization.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

30.  Ambulance User Fee Adjustment (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution to adjust the Ambulance User Fee to match the Alameda County's ambulance user fee schedule set and approved by the Alameda County Board of Supervisors effective October 16, 2009, included as an updated addendum to the Ambulance Provider Agreement.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

31.  Proposed Revisions to Berkeley Sign Regulations (PDF) (Continued from October 13, 2009)
      
 Supplemental materials (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, 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: Contact: Dan Marks, Planning and Development, 981-7400

Information Reports

32.  Investment Report: Quarter Ended September 30, 2009 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

33. **Item Removed by City Manager**Efficiency and Conservation Block Grant Award
Contact: Dan Marks, Planning and Development, 981-7400

34.  Status Update: Implementation of Police Overtime and Lost Time Audit (PDF)
From: City Manager
Contact: Eric Gustafson, Police, 981-5900

35.  Status Report: Activities of Public Library (PDF)
From: Board of Library Trustees
Contact: Donna Corbeil, Library, 981-6100

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.CityofBerkeley.info/video and KPFB Radio 89.3.
Archived indexed video streams are available at
 http://www.CityofBerkeley.info/CityCouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
 

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

Agendas and agenda reports may be accessed via the Internet at http://www.CityofBerkeley.info/CityCouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@CityofBerkeley.info

South Branch – 1901 Russell

 

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

Please refrain from wearing scented products to this meeting.

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

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

Deanna Despain, CMC, City Clerk


Communications (PDF) 

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.

Item 23: Banning Animal Declawing
1.    Jim Jensvold

3095 Telegraph Avenue
2.    Karl Reeh, on behalf of the LeConte Neighborhood Association
3.    William Murray

Solar-Powered Aqueduct and De-salination Project
4.    Marcus Robinson

Sunshine Delays
5.    Dean Metzger

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