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Regular Meeting eAgenda
May 4, 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, May 4, 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 second reading of Ordinance No. 7,133-N.S. repealing Berkeley Municipal Code Chapter 13.74 entitled Ban on Sale and Possession of Semi-Automatic Weapons.
Financial Implications: See report
First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Anderson.
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,134-N.S. amending the FY 2010 Annual Appropriations Ordinance No. 7,123-N.S. for fiscal year 2010 based upon other adjustments in the amount of $7,685,216 (gross) and $7,365,697 (net).
Financial Implications: See report
First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Anderson.
Contact: Tracy Vesely, Budget Manager, 981-7000
 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,135–N.S proposed amendments to the ESR District Ordinance (Panoramic Hill) as recommended by the Planning Commission.
Financial Implications: See report
First Reading Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Anderson.
Contact: Dan Marks, Planning and Development, 981-7400
 
4.**Item Removed by City Manager**Minutes for Approval
From: City Manager
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Berkeley Humane Society’s current Contract No. 8129, by increasing the contract amount by $250,001 to an amount not to exceed $300,000 to provide veterinary services for Berkeley Animal Care Services (BACS) and to extend the contract through June 30, 2012. The current contract is for the term of July 1, 2009 thru June 30, 2010 in the amount of $49,999.
Financial Implications: Various Funds - $300,000
Contact: Kate O’Connor, City Manager’s Office, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution:
1    Authorizing the City Manager to accept a one-time, non-competitive grant from the Alameda County Workforce Investment Board on behalf of the Alameda County Social Service Agency, in the amount of $263,016, to implement the American Recovery and Reinvestment Act/Alameda County Summer Youth Employment Program for the period May 1, 2010 to September 30, 2010, and;
2    Execute the resultant revenue agreements, contracts and any amendments and extensions, and;
3    Authorize implementation of the program and appropriation of funding for related expenses, including a subcontract with Emery Unified School District for the provision of summer youth employment services to Emeryville youth, subject to final approval by the Alameda County Board of Supervisors.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to Revise and Re-title the Manager of Health Promotion Classification to Manager, Family Health and Nursing Services, and reduce the monthly salary to $8,794 - $10,689 effective May 16, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7562 with Decade Software Company for software licensing and hosting services, software maintenance and support, and other related services, increasing the original amount by $68,149 for a total contract amount not to exceed $138,149 and extending the term to June 30, 2011.
Financial Implications: See report
Contact:  Donna LaSala, Information Technology, 981-6500
 
From: City Manager
Recommendation: Adopt a Resolution amending contract no. 8201 with Kaufman Construction, Inc. (KCI) increasing the current contract amount of $629,602 by $59,882 (which includes  a 5.2% contingency), for a total not-to-exceed contract amount of $689,484; and extending the period of the contract from the original completion date, May 14, 2010 to June 30, 2010
Financial Implications: See report
Contact: William Rogers, Park, Recreation and Waterfront, 981-6700
 
10.**Removed from Agenda by City Manager**Contract No. 6397A Amendment: Enforcement Technology, Inc. - Handheld Parking Citation Services
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Alameda County Congestion Management Agency Regional Bicycle Program Block Grant program to complete design and construction of the 9th Street Bicycle Boulevard Extension project in the amount of $502,000; and accept the grants awarded, and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Approve the request for proposal to be issued upon final approval by the Public Works Department.  The contract is expected to be over the City Manager’s approval threshold for services and therefore will be returned to Council for final approval.
Financial Implications: Refuse Fund - $75,000
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Grover Landscape Services, Inc. for hauling and processing the City's compostable materials, in an amount not to exceed $3,410,950 for the period August 1, 2010 to July 31, 2013,with an option for two, two-year extensions.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

 
Council Consent Items
 
From: Mayor Bates and Councilmembers Capitelli, Worthington and Wozniak
Recommendation: Request the City Manager direct staff to
  1. Analyze and work with relevant commissions on proposed adjustments in current C-T (Telegraph Avenue - Commercial) zoning that would permit business hours of operation to extend, by right with a zoning certificate, to 3 a.m. Sunday through Saturday;
  2. Implement a six (6) month trial project to revert the yellow zone parking regulations in CT zone on Telegraph Avenue between Bancroft and Dwight Ways to mirror the rest of the City’s yellow zones (unregulated after 6:00 p.m.); and
  3. Return to Council no later than October 12, 2010 with recommendations for Council action.
    Financial Implications: Unknown
    Contact: Tom Bates, Mayor, 981-7100

15.  City Sponsorship of the 36th Annual Solano Stroll (PDF)
From: Councilmember Capitelli
Recommendation:
Co-sponsor the 2010 Solano Stroll to be held on Solano Avenue on Sunday, September 12, 2010; that the Council
1.  Give permission for use of the name of the City of Berkeley and the City's logo in media coverage of the Solano Avenue Stroll (this includes print, internet, radio and television media); and
2.  Provide services from Police, Transportation and Public Works departments as have been provided in the past.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

16.  Berkeley Large Home Family Daycare: Analysis of Required Fees, Fines and Creation of an Amnesty Period (PDF)
From: Councilmembers Capitelli and Maio and Mayor Bates
Recommendation:
Direct the City Manager to review the situation with large, in-home family daycares where providers have not obtained a Berkeley business license, paid Berkeley business fees, or do not have an appropriate use permit for their business size and location.  Upon completion of that review:
1.  Develop a ninety-day amnesty program during which large family daycare providers who have not yet obtained a business license would be invited to come forward and register their business without being subject to penalties.
2.  For the same group, develop a payment plan, upon request, to pay business fees due since 2007 (3 years of license fees before the current year.). 
3.  Return to Council with both the recommendation and an overview of the current use permit requirements for large family daycare operations for Council discussion.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

17.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Funds for Support of the Berkeley Symphony (PDF)
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution authorizing the transfer of funds of up to $300 from Councilmember Wengraf’s office budget account to the City to be used for a grant to the Berkeley Symphony to support its 2010 Gala on April 30th and Music in the Schools Program.
Financial Implications: Councilmember's Discretionary Fund - $300
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

18.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Funds for Support of the Berkeley Public Education Foundation (PDF)
From: Councilmember Wengraf
Recommendation:
Adopt a Resolution to authorize the transfer of funds of up to $75 from Councilmember Wengraf's office budget account to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon.
Financial Implications: Councilmember's Discretionary Fund - $75
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

19.  Support ACLU Concerns About Punitive Interpretations of UC Student Conduct Code (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter to the UC Berkeley Chancellor supporting the ACLU’s concerns about punitive interpretations of the UC Student Conduct Code.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

20.  No on Valero Initiative "Dirty Energy Proposition" (PDF)
From: Councilmember Worthington
Recommendation:
Oppose the California proposition that suspends air pollution control laws until unemployment drops to 5.5 percent or less for four consecutive years.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

21.  Proclamation in Honor of Jack Foley (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a proclamation honoring Jack Foley to be presented at the 8th Annual Berkeley Poetry Festival on June 5, 2010.
Financial Implications: None
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 – Old Business
 
From: City Manager
Recommendation: Adopt a Resolution No. 60,777-N.S., the Unrepresented Employee Manual, to amend several articles that set forth terms and conditions of employment and health and welfare benefits for the classification of Battalion Chief so they are the same as are provided for other Fire management employees.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Refer the cost of establishing a Catalog Choice website for Berkeley residents to the FY 2011 Budget process.
Financial Implications: See report
Contact:  Donna LaSala, Information Technology, 981-6525

 
Action Calendar – New Business
 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 12.26 to clarify the difference between a Medical Cannabis Collective and a Medical Cannabis Dispensary and clarify the Three-Dispensary Cap Rule.
Financial Implications: None
Contact: Wendy Cosin, Commission Secretary, Planning and Development, 981-7400
 
b.   From: City Manager (PDF) 
Recommendation: Adopt first reading of an ordinance proposed by staff (Attachment A) amending BMC Chapter 12.26 (regulating medical marijuana).  The Medical Cannabis Commission (MCC) is also proposing amendments to BMC Chapter 12.26 (see companion report), however, staff does not recommend that the Council adopt those amendments,
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Approve language for a ballot measure for November 2010 to amend the Business License Tax Ordinance to tax certain medical cannabis uses.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
 
Information Reports
 
26. **Moved to 5:30 p.m. FY 2011 Budget Worksession Discussion**Benefits for Public Safety Employees
 
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 a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed 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 use permit or variance, 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:

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TDD:  510-981-6903

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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 April 29, 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 24: Amendments to Medical Cannabis Regulations, BMC Chapter 12.26
1.    Christopher Smith

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