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Regular Meeting Annotated Agenda
February 9, 2010

Printer-friendly PDF* annotated 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: 

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ANNOTATED 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


 

Preliminary Matters

Roll Call:  7:12 p.m.  Councilmember Arreguin present at 7:24 p.m.

Ceremonial Matters: 
1.     Cal Corps
2.     Natalia Giles

City Manager Comments: None

Public Comment on Non-Agenda Matters: 5 speakers

Public Comment on Consent Calendar and Information Items Only: None

Consent Calendar

Action: M/S/C (Moore/Wengraf) to adopt Consent Calendar in one motion except as indicated:

1. Settlement of Claim of Steven and Judy Lipson (PDF)
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
Action:  Adopted Resolution No. 64,764–N.S.

2. Minutes for Approval (PDF)
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
Action:  Approved minutes as submitted.

3. 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 - $935,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

4. Community Services Block Grant Contract for Calendar Year 2010 (PDF)
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
Action:  Adopted Resolution No. 64,765–N.S.

5. Grant: California Department of Boating and Waterways Clean Vessel Act Grant (PDF)
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
Action:  Adopted Resolution No. 64,766–N.S.

6. Lease Agreement: Charles and Theresa Lee, DBA Michelle's Yogurt and Sweets, at 2430 Durant Avenue at the Telegraph Channing Garage Shops (PDF)
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
Action:  Adopted first reading of Ordinance No. 7,128–N.S.  Second reading scheduled for February 23, 2010.

7. Contract No. 7969 Amendment: Gold Wing Engineering for Sanitary Sewer Project (PDF)
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
Action:  Adopted Resolution No. 64,767–N.S.

8. Development of Columbaria, and Amending Numerous BMC Chapters (PDF)
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
Action:  Referred to the Agenda Committee for rescheduling.

9. Audit Report: Public Works Contract Monitoring: Risk of Overpayments / Lack of Inventory Controls (PDF) 
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
Action:  Approved recommendation.

10. Audit: Over $38,000 in Duplicate and Over Payments Recovered (PDF)
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
Action:  Approved recommendation.

Council Consent Items

11. City of Berkeley's Official Sponsorship of the Hemophilia Foundation of Northern California's Hemophilia Walk (PDF)
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
Action:  Adopted Resolution No. 64,768–N.S.

12. Questions, and Request for Responses, Regarding Bus Rapid Transit (BRT) (PDF)
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
Action:  Approved recommendation.

13. Refer Oakland's New Disability-Friendly Emergency Plan to the Commission on Disability and the Disaster and Fire Safety Commission (PDF)
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:  Approved recommendation.


Action Calendar – Public Hearing

14. Ambulance User Fee Adjustment (PDF)
Presentation (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 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
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Worthington/Moore) to close the public hearing.
Action: M/S/C (Moore/Worthington) to adopt Resolution No. 64,769–N.S. adjusting 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 No. 64,691–N.S.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes: None


Action Calendar

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: 20 Speakers.  M/S/C (Worthington/Capitelli) to consider supporting material distributed past set deadline.

M/S/C (Maio/Moore) to approve the City Manager’s recommendation to approve the following as the final pools configuration and amount of the bond to be issued for constructing, renovating and/or repairing public swimming facilities in Berkeley.

Option 1 (Base Scenario)

Features:

  • King - Renovate existing pools and associated facilities
  • Willard - Renovate existing pool and associated facilities
  • West Campus - Renovate existing outdoor pool and associated facilities, construct 2,250 s.f. indoor warm water pool and associated facilities

Cost: 

  • Project cost - $19.3 million
  • Annual Cost / Household - $52
  • Annual Cost / Household w/ $250,000 of expanded hours - $58 

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes: None.


Action Calendar – New Business

16.   Council Findings for Ranked Choice Voting

a. From: City Manager (PDF)
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

b. From: Councilmember Worthington (PDF)
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
Action: 4 Speakers.  M/S/C (Worthington/Anderson) to:

a.

  1. Adopt Resolution No. 64,770–N.S. finding that the conditions required by Charter Section 5(12) to implement ranked choice voting have been met.
  2. Approve the City Manager’s recommendation to authorize the City manager to execute a Memorandum of Understanding (MOU) with the Registrar of Voters (ROV)

b.

Approve Councilmember Worthington’s recommendation that the Berkeley City Council move forward with the implementation and use of Instant Runoff Voting.

Vote: Ayes:  Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates.  Noes: Wozniak.

17. FY 2010 Second Quarter Budget Review and Budget Balancing Strategies (PDF)
Presentation (PDF) 
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

Action: 3 Speakers. M/S/C (Worthington/Moore) to adopt Resolution No. 64,771–N.S. to:

  1. Authorize the City Manager to implement a cost savings plan to eliminate the FY 2010 General Fund budget deficit;
  2. Allocate $74,400 from the General Fund to the Black Infant Health Program;
  3. Approve FY 2011 Mid-biennial budget calendar.

Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes: None

Councilmember Worthington absent: 9:54 p.m. – 9:56 p.m.

M/S/C (Worthington/Moore) to adopt Resolution No. 64,772–N.S. to approve the financing concept to complete the Animal Shelter construction project.

Vote: Ayes:  Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: None; Abstain: Arreguin; Absent: Worthington.

M/S/C (Worthington/Arreguin) to adopt Resolution No. 64,773–N.S. to allocate $30,000 from the General Fund to complete a nexus study related to affordable housing policies.  City Manager encouraged to cooperate with other jurisdictions, if possible, to co-fund the study.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Worthington, Bates.  Noes: Capitelli, Wengraf, Wozniak. 

M/S/C (Arreguin/Moore) to adopt Resolution No. 64,774–N.S. to consider 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.

 Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates.  Noes: Worthington.

18. Inflationary Adjustment for Maximum Nonprofit Bingo Prize Value (PDF)
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
Action: Moved to Consent Calendar. Approved Councilmember Worthington’s recommendation to have Council direct staff to return with an amendment to the Municipal Code 9.18.070, Ord. No. 5,046–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)"  City Manager to also return with information regarding Council’s role in Non-Profit regulation.

Information Reports

19. Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

20.   ** Removed from Agenda per City Manager**Accounts Payable Audit

21. Update on Storm Water Permit (Municipal Regional Permit) (PDF) 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.

22. Watershed Management Plan Update (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.

23. Business License Tax Program Audit Report Fiscal Year 2009 (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.

24. February 12, 2010 Deadline for Application to the California Redistricting Commission (PDF)
From:
 Councilmember Worthington
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Received and filed.  Deadline for Applications extended to February 16, 2010.

Public Comment – Including Items Not Listed on the Agenda – 0 Speakers.


Adjournment: 10:08 p.m.


Communications

 Request for Responses, Regarding Bus Rapid Transit (BRT)
1.    John Caner, on behalf of the Downtown Berkeley Association (DBA)

Item 15: Possible Ballot Measure - 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


Supplemental Communications and Reports 1

Item 15: Possible Ballot Measure - Final Pools Configuration and Budget for Services
4.    Carol Ginsburg
5.    Cynthia Richards and Robert Spertus
6.    Pam Scullen
7.    Karen Davis
8.    Thea Daniels
9.    Gael Alcock
10. Carey Kozuszek
11. Edward Murphy
12. Estelle Jelinek
13. Miriam Ciochon
14. David Mayer
15. Victoria Peirotes
16. Janet Weiss
17. Marie Bowman, on behalf of Berkeleyans Against Soaring Taxes (BASTA)

Item 16: Council Findings for Ranked Choice Voting
18. Nancy Bickel, on behalf of The League of Women Voters, Berkeley Albany Emeryville (LWVBAE)

Item 17: FY 2010 Second Quarter Budget Review and Budget Balancing Strategies
19. Jane Townley
20. Anne Wagley and Alan Shriro

Supplemental Communications and Reports 2

Item 14: Ambulance User Fee Adjustment

  • Presentation, submitted by Fire Department (see agenda item)

Item 15: Item Title

  • Presentation, submitted by Parks, Recreation & Waterfront (see agenda item)

21. Meredith Gold

Berkeley Housing Authority Concerns

22. Penelope Mckiney

23. Residents Awareness in Action & Low Income Public Housing Residents

Fire Department Complaint

24. Rose Flippin

 

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