City Clerk
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Regular Meeting eAgenda
November 17
, 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, November 17, 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 comments 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.   Amendment to Sublease Agreement for 2031 Sixth Street and Purchase and Sale Agreement for 2031 Sixth Street (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,116–N.S. 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
First Reading Vote: All Ayes
Contact: Christine Daniel, Deputy City Manager, 981-7000

2.   Lease Agreement: Clinic Site at Alta Bates Summit Medical Offices (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,117–N.S. 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 $24,654 (for operating costs only; the lease will be rent-free).
Financial Implications: See report
First Reading Vote:  All Ayes
Contact: Fred Medrano, Health Services, 981-5100

3.   Lease Agreement Moe's Flower Shop at Telegraph Channing Mall (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No.7,118–N.S.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 
First Reading Vote:
Contact: Claudette Ford, Public Works, 981-6300

4.   Banning Animal Declawing (PDF)
From: Councilmembers Arreguin and Wengraf
Recommendation:
Adopt second reading of Ordinance No. 7,119–N.S. prohibiting animal declawing, absent a therapeutic purpose.
Financial Implications: None
First Reading Vote: All Ayes
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

5.   Proposed Revisions to Berkeley Sign Regulations (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,120–N.S. amending Berkeley Municipal Code Title 20 (Regulating Signage) and Ordinance No. 7,121–N.S. amending Berkeley Municipal Code Title 16 (Streets, Sidewalks, and Other Public Property).
Financial Implications: See report
First Reading Vote:  All Ayes
Contact: Contact: Dan Marks, Planning and Development, 981-7400

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: Equipment Maintenance Fund - $125,000
Contact: Robert Hicks, Finance, 981-7300

7.   Delta Dental Plan Rate Increases (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving a 3.57% increase in the Delta Dental Plan for all coverage groups effective January 1, 2010, through December 31, 2010, and rescinding Resolution No. 62,750-N.S. 
Financial Implications: See report 
Contact: David Hodgkins, Human Resources, 981-6800

8.   Health Plan Rate Increases (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions:
1.   Approving a 7.06% rate increase for the Kaiser Foundation Health Maintenance Organization (HMO) health plan for Active Employees, a 13% rate increase for Pre-Medicare Eligible Retirees, and a rate increase of 4.30% for Senior Advantage (Medicare Supplement) Retirees; and
2.   Approving an 11.10% rate increase for the Health Net HMO health plan for Active Employees, an 11.10% rate increase for Pre-Medicare Eligible Retirees, a 19.51% rate increase for Seniority Plus (Medicare Supplement) Retirees, a 11.10% change for the Health Net Point of Service (POS) for Active Employees and Pre-Medicare Eligible Retirees, and an 8.38% increase for Health Net POS Post-65 Retirees effective January 1, 2010 through December 31, 2010, and rescinding Resolution No. 64,316–N.S. and Resolution No. 64,317–N.S.
Financial Implications: See report 
Contact: David Hodgkins, Human Resources, 981-6800

9.   Fee Assessment - State of California Self-Insurance Fund (Workers' Compensation Program) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2010 for administering the Workers' Compensation Program, in an amount not to exceed $130,000. 
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

10.  Grant Proposal to Pacific Gas & Electric (PDF)
From: City Manager
Recommendation:
Authorize the City Manager to authorize QuEST, a private consulting company, to prepare and submit a proposal to Pacific Gas & Electric (PG&E) on behalf of the City of Berkeley and execute any agreements with QuEST for the execution of the grant. 
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

11.  Grant: 2009-10 Office of Traffic Safety Grant (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept the "Next Generation - Click It or Ticket 2009-2010" Grant, and enter into the resultant agreement and any amendments with the Traffic Safety Center (TSC) at the University of California, Berkeley to fund increased level of seat belt usage enforcement in the amount of $29,984 for the period of October 1, 2009 to September 30, 2010. 
Financial Implications: Office of Traffic Safety DUI Enforcement Education Program Fund - $29, 984 (Revenue)
Contact: Eric Gustafson, Police, 981-5900

12.  Contract: D'Arcy & Harty Construction, Inc. for Sanitary Sewer Rehabilitation and Replacement Project on Cedar Street, La Loma Avenue, Glendale Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Approving the plans and specifications for the Sanitary Sewer Project, 10-10449-C, located on Cedar Street, La Loma Avenue, and Glendale Avenue.
2.   Accepting the bid of D'Arcy & Harty Construction, Inc.
3.   Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specification, in an amount not to exceed $521,500.00 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

13.  Contract: University Avenue Paving Phase 3 from Sacramento Street to McGee Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.  Approving plans and specifications for the University Avenue Paving Phase 3 Project, Federal Aid Project ESPL 5057(033), 10-10462-C
2.  Accepting the bid of Mark Scott Construction/Scott FTC A JV
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 plans and specifications, in an amount not to exceed $1,006,548.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

14.  Appointment to Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Adopt a Resolution approving the appointment of Jeffrey Davis to the Mental Health Commission as a representative of the Special Public Interest Category for a three-year term beginning November 18, 2009 and ending November 17, 2012.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100

15.  Request for an Additional Meeting of the Waterfront Commission in 2009 (PDF)
From: Waterfront Commission
Recommendation:
Adopt a Resolution approving an eleventh meeting of the Waterfront Commission in 2009.
Financial Implications: None
Contact: John Mann, Commission Secretary, 981-6700

16.  Balloons - Environmental Impacts (PDF)
From: Community Environmental Advisory Commission
Recommendation:
Declare that balloons pose environmental and other physical hazards when released into the environment. Council requests the City Manager to include a clause prohibiting the release of balloons in special event permits issued by the City. Finally, Council requests staff to work with the CEAC to provide educational material in the form of a leaflet to educate event organizers, businesses and schools at special events or other public gatherings and at point of sale outlets.
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

Council Consent Items

17.  Budget Referral: Transfer of Funds from 2009 How Berkeley; Reallocated to 40th Anniversary, Earth Day (PDF)
From: Councilmember Maio
Recommendation:
Refer to the Budget process, approval of the transfer of funds in the amount of $8,100 from the 2009 How Berkeley Can You Be Parade to be added to the 40th Anniversary, Earth Day celebration.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

18.  Support Judge Edward Chen's Nomination to U.S. District Court for the Northern District of California (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter urging U.S. Senators Barbara Boxer and Diane Feinstein to continue supporting Judge Edward Chen's nomination to serve as a federal district judge on the U.S. District Court for the Northern District of California.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

19.  26th Annual Telegraph Avenue Holiday Street Fair (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Proclamation for the 26th Annual Telegraph Avenue Holiday Street Fair.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

20.  Green Construction Incentives (PDF)
From: Councilmembers Wozniak and Wengraf
Recommendation:
Request that the City Manager return to Council with a list of suggestions for how the City of Berkeley, can incentivize green construction. Some incentives to consider may include fee waivers, expediting time for permitting, density bonus, etc.
Financial Implications: Unknown
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.

21.  Fees - Public Health Clinic Laboratory Services (PDF)
From: City Manager
Recommendation:
Conduct a Public Hearing and, upon conclusion, adopt a Resolution establishing fees for two laboratory tests, effective December 1, 2009, and amending Resolution No. 64,197-N.S.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100

Action Calendar – Presentation

22.  WETA Presentation and Request for Resolution Supporting Berkeley Ferry Terminal (PDF)
       Presentation (PDF)
       Supplemental materials (PDF)
From: City Manager
Recommendation:
Receive a presentation from the San Francisco Water Emergency Transit Authority (WETA) and either:
1.  Adopt a Resolution supporting the proposed Ferry Terminal subject to specified conditions

or

2.  Wait for release of the FEIR and direct City staff to work with WETA staff to address the conditions included with the draft resolution and resolve issues raised in the City’s DEIR comment letter of December 2008 as well as issues raised by the Transportation Commission, Waterfront Commission, and Planning Commission before returning to the Council for consideration of this item.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – New Business

23.  Amendments to Community Noise Ordinance: BMC Chapter 13.40 (PDF)
From: City Manager
Recommendation:
Adopt the first reading of an Ordinance amending the Community Noise Ordinance (BMC Chapter 13.40) to:
1.   Provide appropriate exceptions for entertainment establishments to be determined by the Zoning Adjustments Board through the use permit process;
2.   Provide additional discretion for amplified sound permits at festivals;
3.   Clarify noise standards, permit procedures, and enforcement procedures.
Financial Implications: Unknown. 
Contact: Fred Medrano, Health and Human Services, 981-5100

24.  Adoption of City-Wide Pools Master Plan (PDF)
       Attachment 4 (PDF)
       Attachment 5 (PDF)
       Attachment 6 (PDF)
       Attachment 7 (PDF)
       Attachment 8 (PDF)
       Attachment 9 (PDF)
       Attachment 10 (PDF)
       Presentation (PDF)
       Supplemental material (PDF)
Recommendation:
Adopt three Resolutions:
1.  Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Berkeley Citywide Pools Master Plan;
2.  Incorporate Council-initiated Design Variant as Alternative C in the Master Plan; and
3.  Adopt the Citywide Pools Master Plan.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Action Calendar – Council Items
 

25.  Appointment of Vice President of the Council (PDF)
From: Mayor Bates
Recommendation:
Officially appoint, on November 17, 2009, the Vice President of the Council for a term of one year beginning December 2009 to December 2010.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

Information Reports

26.  Condominium Conversion Program - Annual Report (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

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

28.**Removed from Agenda per City Manager**Update: Proposed Plastic Bag Reduction Ordinance

 

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 12, 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 22: WETA Presentation and Request for Resolution Supporting Berkeley Ferry Terminal
1.    Edward Moore
2.    Jim McGrath
3.    James McVaney

Item 24: Adoption of Berkeley Citywide Pools Master Plan
4.    Gary Marquard

Traffic Calming
5.    Cee Wordles
6.    Dean Metzger, on behalf of the Claremont-Elwood Neighborhood Association
7.    Chris McKee
8.    Nigel Renton

Bus Rapid Transit
9.    Karl Reeh, on behalf of the LeConte Neighborhood Association
10. Ron Bishop

Prince Hall Arms Site / 3238 Martin Luther King Jr. Way
11. Housing Advisory Commission

 

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