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Regular Meeting eAgenda
July 6, 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, July 6, 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.   Zoning Ordinance Amendment to Allow Development Flexibility for Existing Public Libraries (PDF)
From: Planning Commission
Recommendation:
Adopt second reading of Ordinance No. 7,148–N.S. to add BMC 23C.04.076 allowing (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
First Reading Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Abstain: Arreguin.
Contact: Jordan Harrison, Commission Secretary, 981-7400

2.   Amendment to Drinking in Public Ordinance, BMC Section 13.36.070 (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 13.36.070 regarding drinking in public.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

3.   Ordinance Clarifying Limitations Period for Tax Collection (PDF)
From: City Manager
Recommendation:
Adopt an Ordinance adding Chapter 7.22 of the Berkeley Municipal Code, clarifying when the limitations period for collecting City taxes begins.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950

4.  Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the June 22, 2010 City Council meetings (special closed and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

5.   Contract No. 7421 Amendment: Access Information Management for Records Center Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7421 with Access Information Management for storage of Citywide Records, by increasing the amount by $45,000 for a total not-to-exceed amount of $171,000 for the period ending September 30, 2011.
Financial Implications: General Fund - $45,000
Contact: Deanna Despain, City Clerk, 981-6900

6.   Rescind Resolution No. 64,547-N.S. and Adopt a Revised Resolution Accepting FY09 Federal Earmarks (PDF)
From: City Manager
Recommendation
: Rescind Resolution No. 64,547-N.S. adopted July 14, 2009 and adopt a revised Resolution: 
1)    authorizing the City Manager to accept FY 2009 federal earmark funding in the amount of $147,386 to implement the East Bay Green Jobs Pilot Project for the period January 1, 2010 to December 31, 2011; and
2)    authorizing the City Manager to execute a sole source contract, and any amendments and extension thereto, with The Workforce Collaborative in an amount not to exceed $55,000 for the purpose of implementing the East Bay Green Jobs Pilot Project on behalf of the East Bay Green Corridor Partnership.
In addition to authorizing a new contractor, the revised Resolution recognizes that the period of the pilot project, that ran from September 1, 2009 to August 30, 2010 in Resolution No. 64,547, has been changed by the SBA to January 1, 2010 to December 31, 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

7.   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: Permit Service Center - $140,000
Contact: Robert Hicks, Finance, 981-7300

8.   Contract No. 8181 Amendment: Alta Planning + Design for Architectural and Engineering Services for the Ninth Street Bicycle Boulevard Extension Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Alta Planning + Design and any amendments extensions or other change orders to provide architectural and engineering design services for the Ninth Street Bicycle Boulevard Extension project, increasing the amount by $123,000, for a total amount not to exceed $270,000.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

9.   Grant Application: Congestion Management Agency Local Streets and Roads Block Grant (PDF)
 From: City Manager
Recommendation:
Adopt a Resolution authorizing the filing of an application for Congestion Management Agency Local Streets and Roads Block Grant funding and stating the assurance to complete the Sacramento Street Rehabilitation - Dwight Way to Ashby Avenue project; and accepting the grant, if successful, and execute any resultant agreements and amendments.
Financial Implications: Grant Match - Capital Improvement Fund: $345,000
Contact: Claudette Ford, Public Works, 981-6300

10.  Contract: Precision Engineering Inc. for Sanitary Sewer Rehabilitation Project for Allston Way, Shattuck Avenue, McKinley Avenue, and Bancroft Way (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Approving the plans and specifications for the Sanitary Sewer Project, 10-10475-C, located on Allston Way, Shattuck Avenue, McKinley Avenue, and Bancroft Way. 
2.   Accepting the bid of the lowest responsive responsible bidder, Precision Engineering Inc.
3.   Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specification, in an amount not to exceed $681,000.00 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

Council Consent Items

11.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the 12th Annual Run for Peace organized by the United Nations Association - East Bay (PDF)
From: Councilmembers Maio, Capitelli and Wozniak
Recommendation:
Adopt a Resolution to approve the expenditure of up to $250 per Councilmember to the 12th Annual Run for Peace, organized by the United Nations Association - East Bay, with funds relinquished to the City’s general fund for this purpose from Councilmember Maio, Capitelli and Wozniak’s discretionary Council Office Budgets.
Financial Implications: Councilmembers’ Discretionary Fund - $250
Contact: Linda Maio, Councilmember, District 1, 981-7110

12.  City of Berkeley's Co-Sponsorship for the 12th Annual "Run for Peace" (PDF)
From: Councilmembers Maio, Capitelli and Wozniak
Recommendation:
 
1.   Co-Sponsor the 12th annual "Run for Peace" organized by the United Nations Association-USA, East Bay Chapter to be held in Cesar Chavez Park on Sunday, September 19, 2010 and
2.   Declare the week of September 19-25, the Week of Peace in Berkeley to join in celebrating the International Day of Peace, and
3.  Facilitate community participation and support for the 12th annual "Run for Peace" event.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

13.  Support for AB 1934: Prohibiting the Open Carrying of Unloaded Handguns in Public Areas (PDF)
From: Councilmembers Capitelli, Maio and Worthington
Recommendation:
Adopt a Resolution supporting AB 1934 and send letters to bill-sponsor Assembly Member Lori Saldaña acknowledging that support, and letters to Assembly Member Nancy Skinner, State Senator Loni Hancock and Governor Schwarzenegger urging their support for AB 1934.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

14.  Wild Deer in Residential Areas (PDF)
Revised report (PDF)
From: Councilmembers Capitelli and Wengraf
Recommendation:
Direct the City Manager to convene a meeting of appropriate representatives from the East Bay Regional Park District, the California Department of Fish and Game and the City of Berkeley to determine: 1) If there is evidence over population of wild deer beyond the rural/urban interface; 2) If so what are the impacts, and; 3) What, if anything, should local jurisdictions be doing to address those impacts.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

15.  Supporting the State Initiative 1445 (09-0098) Which Will Change Legislative Vote Requirements Necessary to Pass the State Budget (PDF)
From: Councilmember Worthington and Mayor Bates
Recommendation:
Support the Best Practices Budget Accountability Act, State Initiative No. 1445 (09-0098), “To allow state budget to pass by majority vote. Retains two-thirds vote requirement to raise taxes
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  Support the Enactment of the Girls Protection Act (H.R. 5137) (PDF)
From: Councilmembers Worthington, Maio, Capitelli and Wengraf
Recommendation:
Send a letter to Congresswoman Barbara Lee urging her to press the passage of the Girls Protection Act (H.R. 5137) to end female genital mutilation.
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

17.  Place Medical Marijuana Ordinance Amendments on the November 2010 Ballot (Continued from June 29, 2010 to a 8:00 p.m. time certain hearing)
a. From: Mayor Bates and Councilmembers Moore, Anderson and Capitelli (PDF)
Revised report (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)
Supplemental materials (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

c. From: City Manager (To be Delivered) (PDF)
Supplemental materials (PDF)
Recommendation:
 
In response to the City Council's discussion regarding Medical Marijuana regulations and taxation, consider language for 2 ordinances to place on the ballot in November 2010:  (1) Business License Tax Amendments and (2) Amendment of regulations governing Medical Cannabis.
Financial Implications: $310,00 from business license tax amendments
Contact: Zach Cowan, City Attorney, 981-6950

18.  Revising the Rental Housing Safety Program (Continued from June 29, 2010) (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

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

20.  Oppose Social Security and Medicare Solvency Commission Act (S. 276) (Continued from June 22, 2010) (PDF)
From: Councilmember Worthington
Recommendation: Send a letter urging Senator Feinstein to withdraw this damaging bill or amend it to benefit the important needs of our senior citizens and people with disabilities and to send letters to Senator Boxer and Congresswoman Lee asking them to please oppose S. 276.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – New Business

21.  Setting the Schedule, Deadlines, and Policy for the Filing of Ballot Measure Arguments: November 2, 2010 General Municipal Election (PDF)
From: City Manager
Recommendation:
 
1.   Adopt a Resolution setting the schedule, deadlines, and policies to file ballot measure arguments for city measures placed on the ballot at the November 2, 2010 General Municipal Election.
2.   Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on each measure placed on the ballot as provided for in Elections Code Section 9282.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

22.  Authorizing the Issuance of $16 million in General Obligation Bonds for Measure FF, Series 2010 – Branch Library Improvement Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the issuance of $16 million aggregate principal amount of general obligation bonds, series 2010 (Measure FF - Branch Library Improvement Project), and authorizing actions related hereto.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

Council Action Items

23.  Oppose PG&E Rate Increases as Proposed (PDF)
From: Councilmember Worthington
Recommendation:
Send a letter to the California Public Utilities Commission (CPUC) opposing Pacific Gas & Electric’s proposed rate increases as they currently stand.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

24.  Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

25.  Audit Update: Association of Sports Field Users (ASFU) (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

26.  **Removed by City Manager**Audit Status Report: Permit Service Center Surprise Cash Count
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

27.  Audit Status Report: Improved Workflow Systems Will Help Ensure Property Taxes are Adjusted for New Construction (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

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:

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 July 1, 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.

COB Newscan Service
1.    Barbara Gilbert 

 

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