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Regular Meeting eAgenda
June 29, 2010

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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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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, June 29, 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.

1.   FY 2011 Annual Appropriations Ordinance (PDF)
Recommendation: Adopt second reading of Ordinance No. 7,147–N.S adopting the FY 2011 Annual Appropriations Ordinance (AAO) in the amount of $375,357,053 (gross appropriations) and $318,175,559 (net appropriations).
Financial Implications: See report
First Reading Vote: All Ayes
Contact: Tracy Vesely, Budget Manager, 981-7000

2.   Contract: Downtown Berkeley YMCA (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $231,012 for fitness center memberships for City employees for the period July 1, 2010 through June 30, 2011.
Financial Implications: Payroll Deduction Trust Fund - $231,012
Contact: Tracy Vesely, Budget Manager, 981-7000

3.   License Agreement: Cal Sailing Club (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a license agreement with Cal Sailing Club to use the property located at 124 University Avenue in the Berkeley Marina for a term beginning June 23, 2010 and ending June 30, 2014, a period of approximately four years and one month for a total license revenue amount of $26,345.
Financial Implications: Marina Fund - $26,345 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

4.   Contract: Gold Wing Engineering for Sanitary Sewer Project at Marin Avenue, Hopkins Street and Roble Road/The Uplands Backline (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Approving plans and specifications for the Sanitary Sewer Project, 10-10498-C, located at Marin Avenue, Hopkins Street and Roble Road/The Uplands backline;
2.   Accepting the bid of Gold Wing Engineering; and
3.   Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in an amount not to exceed $480,000 for the period of 150 calendar days from the date of the execution of the contract.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

5.   Contract No. 6135A Amendment: Parking Concepts Incorporated (PCI) for Off-Street Parking Facility Management (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 6135A with Parking Concepts Incorporated (PCI) for the continuation of Off-Street Parking Facility Management at three City-owned Garages: Telegraph Channing Garage, Center Street Garage and Oxford Garage, increasing the contract by $565,832 for a total amount not to exceed $7,584,832 with an extension through December 31, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

6.   Zoning Ordinance Amendment to Allow Development Flexibility for Existing Public Libraries (PDF)
From: Planning Commission
Recommendation:
Adopt Negative Declaration and first reading of an Ordinance to add BMC 23C.04.076 to allow (1) existing public libraries to be changed, expanded, or demolished and a new public library constructed, and (2) modification of any Zoning Ordinance requirement applicable to such projects with a Use Permit, rather than a Variance.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400

Council Consent Items

7.   Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Foundation for the Arts (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution to approve the expenditure of $750 to the Berkeley Foundation for the Arts with funds relinquished to the City’s General Fund for this purpose from Councilmember Arreguín’s discretionary Council Office Budget.
Financial Implications: $750 from Councilmember Arreguin’s budget.
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

8.   Supporting the Establishment of a Department of Peace (H.R. 808/ S. TBA) and the Youth PROMISE ACT (H.R. 1064/S. 435) (PDF)
From: Councilmember Worthington
Recommendation:
Send letters urging Senators Feinstein and Boxer to support the establishment of a Department of Peace (H.R. 808/S. TBA) and the Youth PROMISE ACT (H.R. 1064/S. 435).
Financial Implications: Minimal.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

9.   Support Legislation Lifting The $75 Million Cap on Oil Company Liability (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter urging Senator Dianne Feinstein and Senator Barbara Boxer to support legislation to end the current $75 million cap on oil company liability in order to effectively contribute to disaster relief efforts.
Financial Implications: None.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

10.  Supporting Food and Water Watch’s Spill The Truth Campaign to Temporarily Shut Down The BP Atlantis Oil Rig (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter to President Barack Obama, urging him to persuade Secretary Salazar to temporarily shut down the BP Atlantis oil platform until federal regulators can prove the rig can operate safely.
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 – 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.

11.  Extend Residential Permit Parking Program on Various Streets (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt a Resolution amending Sections 25E and 25J of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on various streets.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

b. Communication
1.    Shirley Lue
2.    Richard Bagwell
3.    Blair Carroll

12.  Diversion Fee for Residential and Commercial Recycling Cost Increases (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt a Resolution establishing a flat rate diversion fee for recycling services of $3.35 per month for both residential and commercial customers, to be effective July 1, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – New Business

13.  Refuse Program Items
a.   
Purchase Agreement with Arata Equipment Company and Master Lease/Purchase Agreement with Banc of America Public Capital Corporation for Recycling Split Carts (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Arata Equipment Company for  the purchase of 31,000 curbside carts for the residential recycling program, at a cost not to exceed $2,507,310; and executing a Schedule to a Master Equipment Lease/Purchase Agreement to purchase and make annual lease payments for the curbside recycling carts with Banc of America Public Capital Corp. for an annual lease payment not to exceed $410,000 to be paid over seven years at a not-to-exceed interest rate of 3.50%, with a first payment commencing no later than January 1, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

b.   Contract No. 8219 Amendment: Ecology Center for Split Cart Residential Recycling Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Contract No. 8219 with the Ecology Center, amending the scope to begin collecting residential recyclables in split carts, adding $115,000 in FY 2011 for one-time operational costs and a public outreach program.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

c.   Contract Amendment 6414A: Building Opportunities for Self-Sufficiency (BOSS) for Litter Removal and Hand Sweeping of City Streets and Sidewalks (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6414A with Building Opportunities for Self-Sufficiency (BOSS) for litter removal and hand sweeping of city streets and sidewalks for $320,500 for the term July 1, 2010 through June 30, 2011 for a new contract total not to exceed $2,457,124.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

d.   Zero Waste Commission Recommendations in Response to Refuse Fund Proposed Balancing Options (PDF)
From: Zero Waste Commission
Recommendation:
The ZWC recommends the following:
1.   Change the current rate structure to create a billing system that covers and breaks out the costs for refuse, recycling, organics, and Clean Cities services instead of a regulatory fee to cover the current structural budget deficit;
2.   A regulatory or diversion fee should be for one year only, and be replaced by a future comprehensive rate structure,  informed by the results of the pending Assessment of the Solid Waste and Recycling Division; and
3.   Minimize job losses in this budget process, eliminating only those positions superfluous to current operations, while leaving unfilled those that support on-going programs and the future recovery of the division.
Financial Implications: See report
Contact: Andy Schneider, Commission Secretary, 981-6300

14.  New 2010 Downtown Area Plan
a. 
From: Mayor Bates and Councilmembers Moore, Capitelli and Maio (PDF)
Recommendation:
1)   Discuss the placement on the 2010 Ballot  of a measure for voter approval adopting a Green Vision for the downtown, designating the Downtown Plan Area, adopting certain policies for the downtown, and stating the voters’ intention that the Council adopt a Downtown Area Plan that implements that green vision and voter-adopted policies and,
2)   Direct the City Manager to return with necessary CEQA Resolutions for final action on July 6, 2010.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100

b. From: Planning Commission (PDF)
Recommendation: Provide direction to staff as to any modifications to the draft of the New 2010 Downtown Area Plan,  by working from Planning Commission’s draft DAP recommendations and noting changes desired by the Council.  At Council’s request, Planning Commission’s draft DAP focuses only on goals, policies, and key development standards/actions, to provide a more accessible ballot-friendly Plan.  In providing direction to staff, the Council should note staff’s preliminary analysis as to the adequacy of the 2009 DAP EIR, specifically that additional CEQA-related analysis and findings will be needed if the DAP is placed on the ballot.  Staff will return in July for further Council discussion and possible action.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

c. From: Councilmember Arreguin (PDF)
Supplemental materials (PDF)
Recommendation: Place the community-developed Downtown Area Plan on the November 2010 ballot for voter approval.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

15.  Place Medical Marijuana Ordinance Amendments on the November 2010 Ballot
a. 
From: Mayor Bates and Councilmembers Moore, Anderson and Capitelli (PDF)
Recommendation: Place a measure on the November 2010 Ballot that would amend the City of Berkeley Medical Marijuana Ordinance. These amendments will clarify definitions, increase access to affordable medication for low-income patients, establish limits on collective residential growing, reduce the buffer zone between dispensaries and public/private schools, allow for ancillary facilities in Manufacturing District, establish a tax on gross receipts or square footage, and in the event the State Ballot measure to legalize marijuana use passes, establish a tax on non-medical cannabis, and ensure dispensaries make their financial records available to the City of Berkeley.
Financial Implications: $25,000-$50,000 depending on the Registrar of Voter costs and the number of other ballot measures.
Contact: Tom Bates, Mayor, 981-7100

b. From: Medical Cannabis Commission (PDF)
Recommendation: 
1.   Tax:  1% business license tax on medical cannabis businesses, a $5/square foot tax if the business license tax does not apply, and a $5/square foot tax on large-scale, nonresidential cannabis cultivation and/or processing facilities.
2.   Non-residential cultivation:  Should be allowed in non-residential areas with licensing and regulation
3.   Residential cultivation:  200 square feet is the minimum area recommended
4.   Peer Review Committee:  Should remain autonomous
5.   Auditing: Should revise proposed language to avoid potential self-incrimination
Financial Implications: See report
Contact: Wendy Cosin, Commission Secretary, 981-7400

16.  Revising the Rental Housing Safety Program (PDF)
From: City Manager
Recommendation:
Direct the City Manager to prepare the following changes to the Rental Housing Safety Program:
1.   Incorporate penalties for noncompliance with Schedule A into proactive and reactive inspections.
2.   Eliminate Schedule B, the Gas Heating Certification program.
3.   Increase the amount of re-inspection fees and administrative citations.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

17.  Policy - Lease and License Fees for Non-profits at the Berkeley Marina
a. 
From: Waterfront Commission (PDF)
Recommendation: The Waterfront Commission recommends to the Berkeley City Council that it make appropriate inquiries of the City Manager to confirm that the rents being requested of the Berkeley Marina non-profit tenants are consistent with the Marina Master Plan's objective to provide affordable rates for desirable nonprofits in the Berkeley Marina. 
Financial Implications: See report
Contact: John Mann, Commission Secretary, 981-6700

b. From: City Manager (PDF)
Recommendation: The City Manager recommends no action be taken, and that staff continue the current practice of taking into account the desirability of non-profits that provide community service to the public at the Marina, as well as using market rates and comparables as guidelines when determining rents.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Council Action Items

18.  Support ACLU Concerns About Punitive Interpretations of UC Student Conduct Code (continued from May 4, 2010) (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: 
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

19.  Follow-up on Smart Meters: City Response to Smart Meter Problems and Preparation of a Letter to the California Public Utilities Commission (continued from June 1, 2010) (PDF)
From: Councilmember Worthington
Recommendation: Take action in responding to Smart Meter problems and send a letter to the California Public Utilities Commission (CPUC), asking for continued investigation of the Pacific Gas & Electric (PG&E) Smart Meter program, requirement of PG&E to submit a characterization study  of the system planned to the City of Berkeley, requirement of PG&E to allow consumers to ‘opt out’ of the program without repercussions, as well as an immediate moratorium on the disposal, recycling, or permanent alteration of old PG&E meters and a call for consideration of a moratorium on the further installation of PG&E Smart Meters.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

20.  Voluntary Time Off Program for FY 2011 (PDF)
From: City Manager
Contact: Tracy Vesely, Budget Manager, 981-7000

21. **Removed from Agenda per City Manager**Cash Receipts/Cash Handling Audit--Treasury
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

22. **Removed from Agenda per City Manager **Customer Service Cash Receipts/Cash Handling Audit
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

23.  Audit Plan for Fiscal Year 2011 (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

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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Tel:  510-981-6900

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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 June 24, 2010.

Deanna Despain, City Clerk


Communications (PDF) 

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.

Item 14: New 2010 Downtown Area Plan
1.  Gary Parsons, on behalf of the Landmarks Preservation Commission

Item 19: Follow-up on Smart Meters: City Response to Smart Meter Problems and Preparation of a Letter to the California Public Utilities Commission
2.  Julie Kramer
3.  Phoebe Anne Sorgen

Concerns at Redwood Gardens
4.  Residents of Redwood Gardens

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