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Regular Meeting Annotated Agenda
May 4, 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: 

  • 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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ANNOTATED 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


Preliminary Matters

Roll Call: 7:34 p.m.  All present.

Ceremonial Matters: 

  1. K to College
  2. Delta Upsilon and Cal Greeks
  3. Berkeley High School Jazz  Program Day is May 16th
  4. Affordable Housing Week – East Bay Housing Organization
  5. Tobacco Prevention Program -  Lee’s Market
  6. Tobacco Prevention Program – Marina Liquors
  7. Tobacco Prevention Program -  Johnson’s Market

City Manager Comments: 

  1. May 8th – Bike Rodeo at San Pablo Park

Public Comment on Non-Agenda Matters: 1 speaker.


Public Comment on Consent Calendar and Information Items Only: 1 speaker.

Consent Calendar

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

1. Repeal of Semi-Automatic Weapons Ordinance, BMC Chapter 13.74 (PDF)
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
Action: Adopted second reading of Ordinance No. 7,133–N.S.
 
2. Amendment: FY 2010 Annual Appropriations Ordinance (PDF)
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
Action: Adopted second reading of Ordinance No. 7,134–N.S.

3. Panoramic Hill (ESR) Zoning Ordinance Revision (PDF)
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
Action: 2 speakers. Moved to Action Calendar. M/S/C (Wozniak/Moore) to adopt second reading of Ordinance No. 7,135–N.S. and refer the definition of “bedroom” in the ordinance to the Planning Commission for further review.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Wozniak, Bates.  Noes: Capitelli.  Abstain: Worthington.

4.     **Item Removed by City Manager**Minutes for Approval
From: City Manager
Contact: Deanna Despain, City Clerk, 981-6900

5. Contract No. 8129 Amendment: Berkeley Humane Society – Animal Care Services (PDF)
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
Action:  Adopted Resolution No. 64,862–N.S.

6. Grant Award: American Recovery and Reinvestment Act – Alameda County Hire Summer Youth Employment Program (PDF)
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
Action:  Adopted Resolution No. 64,863–N.S.

7. Classification and Salary: Manager, Family Health and Nursing Services (PDF)
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
Action:  Adopted Resolution No. 64,864–N.S.

8. Contract No 7562 Amendment: Consolidated Data Management System (PDF)
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
Action:  Adopted Resolution No. 64,865–N.S.

9. Contract No. 8201 Amendment: Kaufman Construction, Inc. for the Shorebird Nature Center Building Renovations (PDF)
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
Action:  Adopted Resolution No. 64,866–N.S.

10.  **Removed from Agenda by City Manager**Contract No. 6397A Amendment: Enforcement Technology, Inc. - Handheld Parking Citation Services

11. 9th Street Bicycle Boulevard Extension Regional Bicycle Program Grant Application (PDF)
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
Action:  Adopted Resolution No. 64,867–N.S.

12. Formal Bid Solicitation and Request for Proposal for Consultant Services for Assessment of Solid Waste (PDF) 
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
Action: Approved recommendation as revised to direct the City Manager to include a representative from the Zero Waste Commission and a union representative on consultant selection panel.

13. Contract: Grover Landscape Services, Inc., for Hauling and Processing of Compostable Materials (PDF)
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
Action:  Adopted Resolution No. 64,868–N.S.

Council Consent Items

14. Telegraph Avenue Commercial District Zoning Adjustments (PDF)
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
Action: Approved recommendation.

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
Action:  Adopted Resolution No. 64,869–N.S.

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
Action:  Continued to May 18, 2010.

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
Action:  Adopted Resolution No. 64,870–N.S.

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
Action:  Adopted Resolution No. 64,871–N.S. revised to include Councilmembers Moore and Anderson and Mayor Bates.

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

Action: Moved to Action Calendar. 4 speakers. M/S/C (Wozniak/Capitelli) to delegate Councilmembers Worthington and Wozniak and Mayor Bates to concur upon new language for a substitute letter to be sent on behalf of the Council as a whole.

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

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
Action: Approved recommendation

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: Approved recommendation.


Action Calendar – Old Business

22. Unrepresented Employee Manual Amendments (Continued from April 20, 2010) (PDF)
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
Action: Moved to May 18, 2010.

23. Web Based Mail Preference Registry (Continued from April 27, 2010) (PDF)
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: Moved to Consent Calendar. Approved the City Manager’s recommendation to refer the cost of establishing a Catalog Choice website for Berkeley residents to the FY 2011 Budget process.


Action Calendar – New Business

24.   Amendments to Medical Cannabis Regulations, BMC Chapter 12.26

a. From: Medical Cannabis Commission (PDF)
Presentation (PDF)
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
Speakers: 12
Action:  M/S/C (Capitelli/Moore) to establish a subcommittee including Mayor Bates and Councilmembers Maio, Moore and Anderson (substitute Capitelli to meet with stakeholders.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

25. Ballot Measure: Amending Business License Tax Ordinance to Tax Certain Medical Cannabis Uses (PDF)
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
Speakers: 6
Action: M/S/C (Maio/Worthington) to refer the City Manager’s recommendation to the newly formed City Council Medical Cannabis subcommittee for consideration.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.


Information Reports

26.    **Moved to 5:30 FY 2011 Budget Worksession Discussion**Benefits for Public Safety Employees

 


Public Comment – Including Items Not Listed on the Agenda –


Adjournment: 10:24 p.m.


Communications

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


Supplemental Communications and Reports 1

Item 3: Panoramic Hill (ESR) Zoning Ordinance Revision
2.    Gene Bernardi

Item 16: Berkeley Large Home Family Daycare: Analysis of Required Fees, Fines and Creation of an Amnesty Period
3.    Ellen Dressman

Item 19: Support ACLU Concerns About Punitive Interpretations of UC Student Conduct Code
4.    Caleb Dardick, on behalf of Harry Le Grande, Vice Chancellor for Student Affairs

Item 24: Amendments to Medical Cannabis Regulations, BMC Chapter 12.26
5.    Richard Robbins and Lynne Van Housen
6.    Unknown (2)
7.    Darro Hudspeth
8.    Christopher Smith
9.    Forty Acres Medical Marijuana Growers Collective

Supplemental Communications and Reports 2

Item 24: Amendments to Medical Cannabis Regulations, BMC Chapter 12.26

  • Presentation, submitted by Medical Cannabis Commission (see agenda item)

 

 

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