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Regular Meeting eAgenda
February 9, 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, February 9, 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, 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.

From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the claim of Steven and Judy Lipson, by waiver of permit fees in an amount not to exceed $34,248.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 11, 2010 (special closed), January 19, 2010 (special and regular) and January 26, 2010 (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
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 - $935,000
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to accept the Community Services Block Grant (CSBG) Contract Number 10F-4701 for a total of $259,646, and execute any resultant agreements and amendments to provide low-income services for the period January 1, 2010 to December 31, 2010.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,720-N.S. to increase the grant contract amount from the California Department of Boating and Waterways from $45,000 to $60,000.
Financial Implications: None
Contact: William Rogers, Parks Recreation and Waterfront, 981-6700
 
From: City Manager
Recommendation: Adopt a first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Charles and Theresa Lee, doing business as Michelle's Yogurt and Sweets, for the purpose of a yogurt and sweets shop at 2430 Durant Avenue in the Telegraph Channing Garage Shops for the period April 1, 2010 to March 31, 2015.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7969 with Gold Wing Engineering for the Construction of Scenic Avenue and Bonita Street Sanitary Sewer Project, increasing the amount by $85,000 for a total amount not to exceed $591,719.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: Planning Commission
Recommendation: Adopt first reading of an Ordinance allowing for: -  An exception to Section 6.16.020 Burials and maintenance of cemeteries prohibited, to allow for columbaria -  Modifications to the following Residential and Commercial district Sections to allow for columbaria: AMENDING BERKELEY MUNICIPAL CODE SECTIONS 6.16.020, 23D.16.030, 23D.20.030, 23D.28.030, 23D.32.030, 23D.36.030, 23D.40.030, 23D.44.030, 23E.36.030, 23E.40.030, 23E.44.030, 23E.48.030, 23E.52.030, 23E.56.030, 23E.60.030, 23E.64.030, 23E.68.030
Financial Implications: None
Contact: Jordan Harrison, Commission Secretary, 981-7400
 
From: Auditor
Recommendation: Request the City Manager to report back on or before January 31, 2011, and every six months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
From: Auditor
Recommendation: Request the City Manager to report back on or before September 21, 2010 on the implementation status of each of the City Auditor's recommendations in the attached report. Report back no later than every six months, thereafter, until all recommendations have been fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
Council Consent Items
 
From: Councilmember Maio
Recommendation: Adopt a Resolution officially sponsoring the Hemophilia Foundation of Northern California's (HFNC) Hemophilia Walk on Saturday, April 17, 2010 in Cesar Chavez Park.  The HFNC is not seeking monetary sponsorship, just the ability to use City logo in event materials.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Maio
Recommendation: Request the Manager to provide responses to the following questions regarding Bus Rapid Transit (BRT).
Financial Implications: Unknown staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110
 
From: Councilmember Worthington
Recommendation: Refer the Functional Needs Annex for Mass Care and Shelter to the Commission on Disability and the Disaster and Fire Safety Commission.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
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 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 November 1, 2009 and November 1, 2010, included as an updated addendum to the Ambulance Provider Agreement, and rescind Resolution 64,691-N.S.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
 
Action Calendar 
 
After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.
 
The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
 
Action Calendar Old Business
 

15. Possible Ballot Measure - Final Pools Configuration and Budget for Services (PDF)
Presentation (PDF) 
From: City Manager
Recommendation: 
1.
     Determine the final pools configuration and amount of the bond to be issued for constructing, renovating and/or repairing public swimming facilities in Berkeley
2.
     Determine the amount of Special Tax to cover the bond costs and the budget for services which is the financial gap in aquatics services if the proposed facilities are built
3.
     Review draft ballot language options and select final preferred language for a possible measure on the June 2010 ballot.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

 Action Calendar – New Business
 
16.  Council Findings for Ranked Choice Voting
Recommendation: 
1.    Adopt a Resolution finding that the conditions required by Charter Section 5(12) to implement ranked choice voting have been met.
2.    Authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Registrar of Voters (ROV).
Financial Implications: See report
Contact: Deanna Despain, City Clerk, 981-6900
 
Recommendation: The Berkeley City Council move forward with the implementation and use of Instant-Runoff Voting.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 

17. FY 2010 Second Quarter Budget Review and Budget Balancing Strategies (PDF) (revised)
From: City Manager
Recommendation: Adopt a Resolution:
1    Authorizing the City Manager to implement a cost savings plan to eliminate the FY 2010 General Fund budget deficit;
2    Approving the financing concept to complete the Animal Shelter construction project;
3    Allocating $74,400 from the General Fund to the Black Infant Health Program;
4    Allocating $30,000 from the General Fund to complete a nexus study related to affordable housing policies;
5    Considering recurring cost savings measures for public health, mental health and refuse programs to balance fund deficits caused by loss of State funding and the economy; and
6    Approving FY 2011 Mid-biennial budget calendar.
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000

From: Councilmember Worthington
Recommendation: That the Council direct staff to return with an amendment to the Municipal Code 9.18.070, Ord. 5046- NS § 7 and make the following change (previous reading crossed out; the desired change follows, bolded):  "9.18.070 Maximum amount of prize.
The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty five hundred dollars in cash or kind, or both, for each separate game which is held. (Ord. 5046-NS § 7, 1978)"
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
Information Reports
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
20. ** Removed from Agenda per City Manager**Accounts Payable Audit (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
From:  Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
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 February 4, 2010.
 
 
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 12: Questions, and Request for Responses, Regarding Bus Rapid Transit (BRT)
1.    John Caner, on behalf of the Downtown Berkeley Association (DBA)
 
Item 15: Possible Ballot Mesure - Final Pools Configuration and Budget for Services
2.    Gary Marquard
 
Planning Director Dan Marks' Correspondence with Bay Area Air Quality Management Board (BAAQMD)
3.    Zelda Bronstein 
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