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Regular Meeting eAgenda
January 19
, 2010

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, January 19, 2010
 
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.

Recess Item
 
From: City Manager
Recommendation: Ratifying the action taken by the City Manager during recess 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 $146,336.07, which is $16,336.07 greater than the original preliminary fee authorized by Council on November 17, 2009.
Financial Implications: Workers' Compensation Self-Insurance Fund - $16,336.07
Contact: David Hodgkins, Human Resources, 981-6800
 
Consent Calendar
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Management Partners, Inc. to provide the services of Daren Fields as the Interim Director of Health Services through May 15, 2010.
Financial Implications: $60,000 to be funded through salary savings in the Health Services Department
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 1.24.170 concerning notice and appeal of nuisance abatement liens.
Financial Implications: Unknown
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of December 8, 2009 (regular) and December 15, 2009 (special closed and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Approve the attached request for proposals (RFP) that will be, or is 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 - $11,578,308
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to grant an estimated $37,500 in transfer tax revenue to the YMCA in support of the new teen center.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7737 with Critigen, Inc. for software development, software maintenance, and web hosting services, increasing the current contract of $49,758 by $52,924 for a total contract amount not to exceed $102,682 and extending the term to December 31, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
 
From: City Manager 
Recommendation: Adopt a Resolution approving the submittal of a City of Berkeley Application for the Proposition 84 competitive Statewide Park Program Grant Funds for the James Kenney Park Rejuvenation Project.
Financial Implications: The City is requesting an amount not to exceed $5,000,000 for the James Kenney Park Rejuvenation Project. The exact amount of the grant request will be determined after a community process and detailed cost analysis has been conducted.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to execute a master contract and any amendments and administer the grant program with the East Bay Regional Park District for Measure WW Park Bond funds.
Financial Implications: Measure WW Fund - $4,876,584 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a Resolution:
1.  Approving the plans and specifications for the Sanitary Sewer Project, 10-10450-C, located on Milvia Street, Addison Street, Shattuck Avenue, and Center Street.
2.  Accepting the bid of McNamara & Smallman 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 $794,200 for the period of 130 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager 
Recommendation: Adopt two Resolutions authorizing the City Manager to:
1.    Execute an amendment to Contract No. 7721B with Burks Toma Architects (BTA) for additional architectural services for the new Animal Shelter in an amount of $20,420 for a revised amount not to exceed $594,860 and maintaining the contract term through June 30, 2010.
2.    Execute an amendment to Contract No. 7185D with Design, Community, and Environment (DC&E) for additional civil engineering and landscape design services associated with the new Animal Shelter and Eastern Touchdown Plaza in an amount of $59,514 for a total revised contract amount not to exceed $389,012 and maintaining the contract term through June 30, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 5975A with TranSystems, Inc. for design services for Marina Docks B & C, increasing the amount by $42,590 for a total amount not to exceed $632,590 and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to accept an easement granted by Carolyn D. Lake, owner of two parcels adjacent to Northgate Path, for construction of Northgate Path.
Financial Implications: Minimal
Contact: Claudette Ford, Public Works, 981-6300
 
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointment of Ms. Laura Arroyo who resides in District 3 as an elected representative of the poor on the Human Welfare Community Action Commission (HWCAC), having been selected by the remaining elected representatives of the poor at the HWCAC on November 18, 2009, and that her term expire November 17, 2010.
Financial Implications: None
Contact: Leah Talley, Commission Secretary, 981-5400
 
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution to increase the number of monthly City of Berkeley Commission, Board or Committee Meetings that are eligible for low-income stipend reimbursement from two to four meetings per month and rescind Resolution 61,731-N.S.
Financial Implications: See report
Contact: Leah Talley, Commission Secretary, 981-5400
 
From: Commission on Labor
Recommendation: Adopt a Resolution urging Aramark Laundry Services, a vendor providing rental and laundering of uniforms, mats, towels and miscellaneous items for various City of Berkeley departments, to bargain in good faith and in a fair and timely manner, and that the City of Berkeley send a letter to Aramark urging management to honor the spirit of the resolution.
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-7551
 
From: Parks and Recreation Commission
Recommendation: Adopt a Resolution that:  1) proclaims that Berkeley Arbor Day will be held during the second week of March of each year; and 2) authorizes the City Manager and his designee to apply to the Arbor Day Foundation to become a Tree City USA.
Financial Implications: None
Contact: Virginia Aiello, Commission Secretary, 981-6700
 
From: Transportation Commission
Recommendation: Direct the City Manager to prioritize safety improvements at Bicycle Boulevard crossings of major arterials and to seek all available funding to implement these improvements.
Financial Implications: See report
Contact: Farid Javandel, Commission Secretary, 981-6300
 
Council Consent Items
 
From: Mayor Bates and Councilmembers Capitelli, Maio and Wozniak
Recommendation: Adopt a Resolution in support of a Shore-to-Shore Bicycle-Pedestrian-Maintenance Pathway on the San Francisco-Oakland Bay Bridge and urge the Bay Area Toll Authority to include funding for the West Span Bicycle-Pedestrian-Maintenance Pathway as part of the proposed toll increase that applies to the San Francisco-Oakland Bay Bridge.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
 
From: Councilmember Maio
Recommendation: Adopt a Resolution to approve expenditures of up to $275 to the Berkeley Public Library Foundation’s “8th Annual Authors Dinner“ with funds relinquished to the City’s general fund for this purpose from Councilmember Maio and Mayor Bates’ respective discretionary Council Office Budgets.
Financial Implications: Councilmembers Discretionary Funds – up to $275
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmembers Moore, Anderson, Arreguin and Maio
Recommendation: Adopt a Resolution opposing Uganda's Anti-Homosexuality Bill 2009.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
 
From: Councilmembers Anderson, Moore, Arreguin and Worthington
Recommendation: Adopt a Proclamation that Monday, January 18th, 2010 as the 2nd Annual “A Walk for Change” celebration in honor of the birth and work of Dr. Martin Luther King, Jr.
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130
 
From: Councilmember Capitelli
Recommendation: Approve the following Proclamation and present it to representatives of Cal Corps at their regular meeting on January 26, 2010.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmembers Capitelli and Wozniak
Recommendation: Request that the City Manager authorize a report of the City's long term (30-year) financial obligations based upon existing or anticipated regular actuarial studies and capital assessments and projections.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Worthington
Recommendation: Endorse "Homelessness Ends With A Home - House Keys not Handcuffs Rally & Action" held on Wednesday, January 20th, 2010 at the San Francisco Federal Building - 90 7th Street in San Francisco.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Refer to the City Manager the creation of a 15 minute loading and unloading zone that would allow non-commercial vehicles at 2476 Telegraph Avenue in front of Moe's Books.
Financial Implications: Minimal
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 - 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.
 
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, 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
 
From: City Manager
Recommendation:
1.   Adopt a Resolution to rescind Council’s prior Resolution 63,781-N.S. which affirmed the Landmark Preservation Commission’s decision to designate Berkeley Iceland as a City Landmark.
2.   Conduct a hearing de novo as to the designation of Iceland as a City of Berkeley Landmark and give direction to staff.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
b.  Communications
1.    Renee Robin
2.    Elizabeth Grassetti
3.    Kimberly Milstead (Save Berkeley Iceland)
4.    Don Willis
5.    Lois Yuen
6.    Ward Wallau

Action Calendar – Old Business
 
From: City Manager
Recommendation: 
1.   Presentation on results of community survey.
2.   Council action to initiate Mello-Roos Community Facilities District by adopting:
a.   Resolution of Intention to Form a Community Facilities District and to authorize the levy of a Special Tax within the proposed District.
b.   Resolution of Intention to Incur Bonded Indebtedness within the District.
c.   Set Public Hearing date of February 23, 2010.
3.   Direction on preferred pools configuration including recommended capital and operational limits for possible Community Facilities District.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
30.  Enforcement and Revision of Tenant Notification Provisions of Soft Story Ordinance (Continued from December 15, 2009)
Recommendation: To address the need to adequately inform tenants and prospective tenants in soft story buildings of the risks of living in such buildings, the Commission recommends that:
1.   The City Council direct the City Manager to instruct all applicable city departments and agencies to check for warning signage at properties remaining on the soft story inventory, and direct that violation letters be sent to owners that have no signage.
2.   The City Council direct the City Manager to consider providing or charging for warning signs (possibly made by the Berkeley sign department) for buildings that remain on inventory and that do not have adequate signage.
3.   The City Council refer to the City Manager preparation of an amendment to BMC19.39.060 to require building owners, and/or their marketing agents, to provide notice of soft story earthquake risk to all prospective tenants in all their marketing material (e.g., flyers, web postings, advertisements, etc.); and to require that each building owner get new and renewing tenants to sign disclosure forms acknowledging that they have read the soft story earthquake warning risk statement prior to signing their leases.
4.   The City Council refer to the City Manager preparation of an amendment to BMC section 19.39.060 to provide for escalation of penalties for non-compliance of signage requirements, and tenant/prospective tenant disclosure requirements.
Financial Implications: See report
Contact: Sabina Imrie, Commission Secretary, 981-5502
 
Recommendation: Refer the Disaster and Fire Safety Commission recommendations to the City Manager for response on February 23, 2010.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
Recommendation: Request that the City Manager:
1.   Send a final warning letter to property owner/managers of buildings defined as 'soft story' buildings that are not in the process of being retrofitted (see notes) by February 25, 2010. The letter should also indicate that citations will be issued beginning April 1, 2009 to buildings not in compliance (indicating applicable fines for such violation). 
2.   Have the City staff produce notification signs the minimum size specified in the ordinance with the specified language or provide 3rd party vendors with specifications so that building owners can purchase signs for posting.
3.   Collaborate with the staff of the Rent Stabilization Board to ensure property owners have posted appropriate warning signs to tenants.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Arreguin
Recommendation: Request that the City Manager provide a report to the City Council on the City of Berkeley’s involvement in the development of SB 113. This report should be provided to the Council as soon as possible.
Financial Implications: Staff time
Contact: Jesse Arreguin, Councilmember District 4, 981-7140
 
From: Peace and Justice Commission
Recommendation: At its meeting on November 2, 2009, the Peace and Justice Commission unanimously approved the following recommendation: Adopt a Resolution requiring the City of Berkeley to call for and support universal and unconditional amnesty for Iraq, Afghanistan and Pakistan war military resisters and veterans.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100
 
Information Reports
 
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
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  January 14, 2010.
 
Deanna Despain, CMC, City Clerk

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.
 
Traffic Safety/Circle on Marin Avenue
1.    Mina Jenner
 
Radiation Labels on Cell Phones
2.    Kate Bernier
 
City Budget/Pension Concerns
3.    Barbara Gilbert
4.    Victoria Peirotes (2)
 
Transit-Oriented Developments
5.    Mark Rhoades
 
2120 Oxford Street/UC Printing Plant Building
6.    Michael Katz
 
Bay Area Air Quality Management Board Commentary
7.    Zelda Bronstein
 
Proposed Zoning/Panoramic Hill Neighborhood
8.    Daniella Thompson, on behalf of the Berkeley Architectural Heritage Association (BAHA)
 
Berkeley Public Housing
9.    Unknown
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