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Regular Meeting eAgenda
September 21, 2010

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Note: 

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AGENDA

BERKELEY CITY COUNCIL MEETING

TUESDAY, SEPTEMBER 21, 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.

Recess Item

1.   Recess Item: Grant Application: State of California Communities Planning Grant and Incentives Program (PDF)
From: City Manager
Recommendation:
Ratify the action taken by the City Manager during recess to submit a grant application for the State of California Strategic Growth Council's Sustainable Communities Planning Grant and Incentives Program for the San Pablo Avenue Improvement Project and approve a resolution authorizing the application.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Consent Calendar

2.   Installation of Automatic Gas Shut-off Valves (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,151–N.S. adding new Section 19.36.040, amending the Berkeley Plumbing Code Section 1210.1 requiring the installation of automatic gas shut off valves for newly constructed buildings or when remodeling exceeds $50,000 in valuation in existing buildings, with certain exceptions.
Financial Implications: See report
First Reading Vote:  All Ayes
Contact: Dan Marks, Planning and Development, 981-7400

3.   Grant: Maddie's Fund, Pet Rescue Foundation to the Animal Care Shelter (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a grant agreement and any amendments with Maddie's Fund, Pet Rescue Foundation to accept $11,000 to support Berkeley Animal Care Services in its programs and services to homeless animals.
Financial Implications: Animal Shelter Fund - $11,000 (revenue)
Contact: Kate O’Connor, Animal Services, 981-7000

4.   Contract: Berkeley Alliance (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance (The Alliance) to provide project services for a partnership endeavor with the Berkeley Unified School District (BUSD) and University of California (UC), Berkeley in an amount not to exceed $59,946 for the period July 1, 2010 to June 30, 2011.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000

5.   Repeal and Reenact Berkeley Municipal Code Chapter 9.18 - Bingo Ordinance (PDF)
From: City Manager
Recommendation:
Adopt first reading of an ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 9.18 regarding regulation of bingo operations.
Financial Implications: None
Contact: Gregory Daniel, City Manager’s Office, 981-7000

6.   Extend Permitted Hours of Operation for Sidewalk Vendors of Arts and Crafts, Flowers and Food (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 9.48.080 extending the hours when sidewalk vendors of arts and crafts and flowers may operate; amending Section 9.49.120 extending the hours when sidewalk Food vendors may operate, and amending both sections to make minor changes to the hours when vending facilities may be moved in and out of their allocated sites.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

7.   Downtown Berkeley Business Improvement District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the 2011 Annual Report of the Downtown Berkeley Business Improvement District (BID); declaring Council's intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2011; and directing the City Clerk to schedule a public hearing for November 9, 2010, to consider levying a renewed assessment for the year 2011.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

8.   Settlement of Claim by Michael and Denise Harland; Claim No. GHB 12706 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of a claim by Michael and Denise Harland in the amount of $60,000.
Financial Implications: Public Liability Fund - $60,000
Contact: Zach Cowan, City Attorney, 981-6950

9.   Amendment to Berkeley Municipal Code Section 7.12.010 Relating to Public Liability Budget (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code section 7.12.010 to reflect longstanding practice for budget allocations to the public liability fund, as recommended by the "Efficiency and Transparency of Contract Fiscal Management Needs Improvement" Audit presented to the Council on July 13, 2010.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950

10.  Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of June 29, 2010 (special and regular), July 6, 2010 (special closed and regular) and July 13, 2010 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

11.  Revised 2010 City Council Meeting Schedule (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution 64,830-N.S. revising the 2010 City Council regular meeting schedule to cancel the October 12, 2010 meeting and add a meeting on October 19, 2010.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900

12.  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 - $525,000
Contact: Robert Hicks, Finance, 981-7300

13.  Donation from Friends of Sweatfree Berkeley (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept a donation from Friends of Sweatfree Berkeley, a community group, in the amount of $525 for the 2010 annual membership fee to Sweatfree Communities consortium, an anti-sweatshop movement.
Financial Implications: General Fund - $525 (donation)
Contact: Robert Hicks, Finance, 981-7300

14.**Removed from Agenda per City Manager**Contract No. 8150 Amendment:  Laboratory Services
Contact: Beth Meyerson, Health Services, 981-5100

15.  Contract: Alameda County Dental Services to Youth (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a single-source contract and any amendments, extensions or other change orders with Alameda County in an amount not to exceed $150,000 to provide dental services to Berkeley Unified School District students for the period of July 1, 2010 through June 30, 2013.
Financial Implications: General Fund - $150,000 over three years
Contact: Beth Meyerson, Health Services, 981-5100

16.  Classification and Salary: Communications Manager (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One, to establish the classification of Communications Manager with a monthly salary range of $7,160 to $8,790, effective September 19, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800

17.  Classification: Abolish Unused Fire Prevention Inspector (Registered) Classification (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,173-N.S., Classification and Salary Resolution for Service Employees International Union, Local 1021 - Community Services Chapter, to abolish the classification of Fire Prevention Inspector (Registered).
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

18.  Contract: Premier COMP Medical Group (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Premier COMP Medical Group for occupational health annual and pre-employment medical examinations, as well as a wellness /fitness component for all sworn fire personnel. The term of the contract is from October 1, 2010 to September 30, 2012 in the amount of $90,000 per fiscal year. 
Financial Implications: Various Funds - $90,000 per fiscal year
Contact: David Hodgkins, Human Resources, 981-6800

19.  Contract: Purchase Electronic Health Records and Enterprise Practice Management System (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with NextGen Healthcare Information Systems, Inc. for an Electronic Health Records (EHR) and Practice Management System, and related services, for a total contract amount not to exceed $299,245, for the period September 30, 2010 to September 30, 2012.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

20.  Donation: Berkeley Echo Lake Camp Association (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting a donation from the Berkeley Echo Lake Camp Association (BELCA) in the amount of $1,200 for the Summer 2010 Teen Program camping trip to Berkeley Echo Lake Camp.
Financial Implications: Playground Camp Fund - $1,200 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

21.  Donation: Shorebird Park Nature Center (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting a donation from East Bay Community Foundation in the amount of $1,783 to purchase educational microscopes and supplies for the Shorebird Park Nature Center.
Financial Implications: Marina Operations/Maintenance Fund - $1,783 (grant)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

22.**Removed from Agenda per City Manager**ZAB Appeal: 2421 Ninth Street
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

23.  10/10/10 Global Work Party and Celebration of Climate Solutions (PDF)
From: City Manager
Recommendation:
Approve co-sponsorship of a network of climate action work parties taking place in Berkeley in recognition of 10/10/10 -- the International Day of Global Work Parties and Celebration of Climate Solutions promoted by the climate action organization 350.org.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

24.  Rescind Resolution No. 64,983-N.S and Adopt a Revised Resolution to CalRecycle - Used Oil Payment Program (PDF)
From: City Manager
Recommendation:
Rescind Resolution No. 64,983 N.S. and adopt a revised Resolution authorizing the City Manager to submit applications to and accept OPP funds due to revised requirements of the Department of Resource Recycling and Recovery (CalRecycle) for the Used Oil Payment Program (OPP) program.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

25.  Contract No. 6753A Amendment: Environmental and Planning Services - LSA Associates (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment for Contract No. 6753A with LSA Associates for planning and environmental review services for an additional $500,000, for a total not-to-exceed amount of $1,000,000, to extend the contract until December 31, 2015, and to reflect current billing rates.
Financial Implications: Applicant fees cover these costs.
Contact: Dan Marks, Planning and Development, 981-7400

26.  Contract No. 7625A Amendment: Morgan Environmental Services Inc. for Hazardous Waste Cleanup And Disposal (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7625A with Morgan Environmental Services Inc. for crime scene, biohazard and other hazardous waste cleanup and disposal for an additional $5,000 for a new not to exceed amount of $55,000 for the term May 15, 2008 through June 30, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

27.  Contract No. 6855B Amendment: Employee Benefit Specialists, Inc. (EBS) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 6855B with EBS to administer the pre-tax commute benefit program for City employees to increase the contract amount by $30,000 for a total amount not to exceed $212,515 and extend the contract period through March 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

28.  Rescind Resolution No. 64,169-N.S. and Adopt a Revised Resolution for Amending Cale System USA Inc. Contract (PDF)
From: City Manager
Recommendation:
Rescind Resolution No. 64,169-N.S., adopted July 22, 2008 and adopt a revised resolution deleting inapplicable language contained in the original resolution. The original resolution included an administrative error with the expiration date authorizing a contract amendment by the City Manager with Cale Parking USA Inc.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

29.  Contract: Gallagher and Burk - FY 2010 Street Rehabilitation Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2010 Project, 10-10492-C; accepting the bid of Gallagher & Burk, Inc. and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $1,231,947.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

30.  Contract No. 8060 Amendment: Architectural Resources Group, Inc. (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 8060 with Architectural Resources Group, Inc. by increasing the spending authority by $68,295 to an amount not to exceed $751,245 to provide for a 10% contingency allowance.
Financial Implications: Measure FF Fund - $68,295
Contact: Donna Corbeil, Library, 981-6100

31.  Contract No. 7891 Amendment: Rene Cardinaux, AIA, LLC (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 7891 with Rene Cardinaux, AIA, LLC by increasing the expenditure authority by $50,000 in an amount not to exceed $100,000 for the provision of design oversight and coordination consulting services for the Branch Library Improvement Program.
Financial Implications: Measure FF Fund - $50,000
Contact: Donna Corbeil, Library, 981-6100

32.  Contract No. 8061 Amendment: Field Paoli Architects (PDF)
From: Board of Library Trustees
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 8061 with Field Paoli Architects by increasing the spending authority by $78,500 to an amount not to exceed $863,500 to provide for a 10% contingency allowance.
Financial Implications: Measure FF Fund - $78,500
Contact: Donna Corbeil, Library, 981-6100

33.  Amalgamated Transit Union Local 192 and AC Transit Labor Dispute (PDF)
From: Commission on Labor
Recommendation:
Adopt a Resolution urging AC transit to bargain in good faith in a fair and timely manner; supporting the efforts of Amalgamated Transit Union Local 192 to seek a resolution that accommodates employees' efforts to restore service levels and the terms and conditions of employment that were in effect prior to July 18, 2010; and, urging AC Transit management to honor the interest arbitration clause.
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-7551

34.  City of Berkeley Employee Residence Preference Policy (PDF)
From: Human Welfare and Community Action Commission
Recommendation:
Direct the City Manager to review the economic impacts of enacting a residency preference for all City of Berkeley employees, and report on the viability of implementing a City of Berkeley policy to provide a preference towards hiring City of Berkeley residents.
Financial Implications: See report
Contact: Leah Talley, HWCAC Secretary, 981-5400

35.  Appointments to the Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Adopt three Resolutions approving the appointment of Anna Mae Stanley as a representative of the Special Public Interest Category for a three year term beginning September 22, 2010 and ending September 21, 2013; the reappointment of Michael Diehl as a representative of the General Public Interest Category for the remainder of his term ending January 26, 2013; and the reappointment of Kim Nemirow as a representative of the General Public Interest Category for the remainder of her term ending May 5, 2011.
Financial Implications: None
Contact: Carole Patterson, Commission Secretary, 981-5100

36. "Berkeley Says NO to Torture" Week: October 10-16, 2010 (PDF)
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution to declare the week of October 10-16, 2010 as "Berkeley says NO to Torture" Week, including a range of public educational events to educate the community about torture.
Financial Implications: General Fund - $100
Contact: Eric Brenman, Commission Secretary, 981-5100

37.  Zoning District Amendments for Consistency with the Wireless Telecommunication Facility Regulations (PDF)
From: Planning Commission
Recommendation:
Adopt first reading of an Ordinance amending the residential and commercial district regulations in the Berkeley Municipal Code to be consistent with the regulations in Chapter 23C.17, Wireless Telecommunication Facilities.
Financial Implications: None
Contact: Jordan Harrison, Commission Secretary, 981-7400

38.  Additional 2010 Meetings for Transportation Commission (PDF)
From: Transportation Commission
Recommendation:
Approve two additional meetings in calendar year 2010 for the Transportation Commission.
Financial Implications: See report
Contact: Farid Javandel, Commission Secretary, 981-6300

Council Consent Items

39.  Approve Expenditure of $1000 Toward Earth Island Institute’s 60 Boxes Project from the Mayor’s Office Budget (PDF)
From: Mayor Bates
Recommendation:
Adopt a Resolution approving the expenditure of $1,000 to Earth Island Institute for sponsorship of one utility box in The 60 Boxes Project. Funds will be relinquished from the Mayor’s office budget to the City’s general fund for this purpose. Other Council Members are welcome to join this effort by sponsoring or co-sponsoring a utility box.
Financial Implications: Mayor’s Discretionary Fund - $1000
Contact: Tom Bates, Mayor, 981-7100

40.  Referral of Second Main Buildings in R1A Zoning District to Planning Commission (PDF)
From: Councilmembers Moore, Capitelli, and Wengraf
Recommendation:
Refer the issue of second main buildings in the R1A Zoning District to the Planning Commission for clarification and recommendations for possible changes to the R1A standards.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

41.  Berkeley High Parent Resource/BUSD – Black Family Reunion - Relinquishment of Council Office Budget Funds to General Fund and Grant (PDF)
From: Councilmembers Moore, Maio, Anderson, and Worthington
Recommendation:
Adopt a Resolution to approve the expenditure of an amount not to exceed $250 per Councilmember to the Berkeley High Parent Resource Center with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmembers Moore, Maio, Anderson and Worthington, as well as any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Funds - $250 each
Contact: Darryl Moore, Councilmember, District 2, 981-7120

42.  Support of H.R. 4722, the Active Community Transportation Act of 2010 (PDF)
From: Councilmembers Moore, Maio, and Worthington
Recommendation:
Adopt a Resolution in support of H.R. 4722, the Active Community Transportation Act of 2010, to fund project promoting alternatives to driving.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

43.  Commemoration of the Original Location of the Center for Independent Living (PDF)
From: Councilmember Moore
Recommendation:
Monument the original location of the Center for Independent Living with a commemorative plaque in the sidewalk in front of the site on the 20th Anniversary year of the Americans with Disabilities Act (ADA).
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120

44.  Proclamation Declaring October 9, 2010 as Indigenous Peoples Day (PDF)
From: Councilmembers Arreguin, Anderson, Moore and Worthington
Recommendation:
Approve the attached proclamation declaring October 9, 2010 as Indigenous Peoples Day in the City of Berkeley.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

45.  Permit Fee Waiver for Thousand Oaks Urns (PDF)
From: Councilmember Capitelli
Recommendation:
  Waive the permit fees for the installation of two historical replica urns in the Thousand Oaks area.
Financial Implications: $580 to $600 per urn
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

46.  City of Berkeley Sponsorship of the San Francisco Bay Area's First Annual Amazing Woman's Day Event (PDF)
From: Councilmember Wengraf
Recommendation:
Sponsor the San Francisco Bay Area's First Annual Amazing Woman's Day Event from October 8-9, 2010, to be held at the historic Berkeley City Club in Berkeley.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

47.  Support Proposition 24: Tax Fairness Act Which Provides Necessary Tax Money to the State Budget From Large Corporations That Can Afford to Pay Their Fair Share in Taxes (PDF)
From: Councilmember Worthington
Recommendation:
Support Proposition 24: Tax Fairness Act which provides necessary tax money to the state budget from large corporations that can afford to pay their fair share in taxes.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

48.  The Berkeley Project – Relinquishment of Funds (PDF)
From: Councilmember Wozniak
Recommendation:
Adopt a Resolution to approve the expenditure of $1,000 to the Berkeley Project with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget.
Financial Implications: Councilmember’s Discretionary Fund - $1000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

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 – Appeals

Time shall be provided for public comment for persons representing both sides of the action/appeal and each side will be allocated seven minutes to present their comments on the appeal.  Where the appellant is not the applicant, the appellants collectively shall have seven minutes to comment and the applicant shall have seven minutes to comment.  Where the appellant is the applicant, the applicant/appellant shall have seven minutes to comment and the persons supporting the action of the board or commission on appeal shall have seven minutes to comment.

49.  ZAB Appeal: 2598-2600 Shattuck Avenue (PDF)
Attachment 5 - Admin Record Pt 1
Attachment 5 - Admin Record Pt 2
Attachment 5 - Admin Record Pt 3
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 08-10000130 to construct a mixed-use development with two 5-story mixed-use buildings (2598-2600 Shattuck Avenue) and one 3-story residential building (2037 Parker Street), with a total of 155 dwelling units, 22,905 square feet of ground floor commercial space, and at least 170 parking spaces, and affirming the ZAB's decision to deny the applicant's request for alcoholic beverage service and live entertainment in the project's food service uses.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b. Communications
1.    Mark Rhoades (Citycentric)
2.    Gale Garcia and Patti Dacey
3.    John McGlinchy (Berkeley Honda)
4.    Andrew Partos
5.    Karl Reeh
6.    Clifford Fred
 

Action Calendar – Old Business

50.  Odor Management at Pacific Steel Casting and Air District Enforcement (continued from July 13, 2010)
a. From: Community Environmental Advisory Commission (PDF)
Recommendation: Direct the City Manager to write to the Board of Directors of the Bay Area Air Quality Management District (AQMD) to reflect the CEAC action below and specifically to ask them to: a. Request the AQMD rescind its acceptance of the recently court-ordered released Odor Management Plan and ask for public input before accepting the next update.   b. Review the action of the AQMD that resulted in the removal of an unconditional order of abatement against Pacific Steel Casting in a public hearing in Berkeley in 2000.
Financial Implications: None
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400

b. From: City Manager (PDF)
Recommendation: Send a letter to the Board of Directors of the Bay Area Air Quality Management District (District) requesting active, independent monitoring of odor complaints.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

51.  State Legislation to Bar All Utility Companies Including PG&E from Spending Ratepayer Revenue on Political Campaigns (continued from July 13, 2010) (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution supporting Senator Mark Leno’s proposed bill, which seeks to bar all utility companies including PG&E from using ratepayer revenues to fund political campaigns.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 

Action Calendar – New Business

52.  Strategy for Discouraging Poaching of Recyclables - Enforcement
a. 
From: Zero Waste Commission (PDF)
Recommendation: Refer the Zero Waste Commission recommendations to the City Manager, and direct him to further develop a strategy to reduce poaching of recyclable materials.  These recommendations request Council to do that following:  1.    Direct the Police Department and other staff to establish a clear enforcement policy that targets trucks and other organized poachers;
2.   Examine and adjust the citation system to ensure that penalties are sufficient to discourage large scale illegal collection; and 3.  Charge the Zero Waste Commission (ZWC) or other suitable body to formulate policy and amend or create ordinances to this end.
Financial Implications: See report
Contact: Andy Schneider, Commission Secretary, 981-6300

b. From: City Manager (PDF)
Supplemental materials
Recommendation: Direct the City Manager to authorize a strategy for cooperative enforcement of Berkeley Municipal Code Section12.36.070, and to report the results of this effort to Council in November 2011.
Financial Implications: There are no expenses associated with this plan.  Tasks will be done with existing staff and resources
Contact: Claudette Ford, Public Works, 981-6300

53.  Opposition to "Secure Communities"
a. 
From: Peace and Justice Commission (PDF)
Recommendation: At its regular meeting, the Peace and Justice Commission adopted the following recommendation: Adopt a Resolution to oppose Alameda County's adoption of the so-called "Secure Communities" legislation relating to the illegal surveillance and/or arrest of Berkeleyans based on their immigration status and reaffirming constitutional protections.
Financial Implications: Unknown
Contact: Eric Brenman, Commission Secretary, 981-5100

b. From: City Manager (PDF)
Recommendation:  No action taken on the Commission’s recommendation until City staff, including the Chief of Police, has an opportunity to evaluate the feasibility and the policy-related and operational implications of the Commission’s recommendation.
Financial Implications: Unknown
Contact: Christine Daniel, City Manager’s Office, 981-5100

Council Action Items

54.  Vacant Lot Maintenance (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt the proposed Ordinance to:
a) amend Berkeley Municipal Code (B.M.C.) Chapter 12.92 (“ANTI-BLIGHT”) to require that vacant lot property owners maintain their property to standards equivalent to those enforced for non-vacant lots, and to adjust the timeline of compliance for owners whose property is found to be a public nuisance; b) amend B.M.C. Chapter 12.40 (“LITTER, DEBRIS AND NOXIOUS PLANTS”) to establish a fine for repeated violations of Chapter 12.40.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

55.  Phase Two of the Soft Story Retrofit Program and Enforcement of Phase One (PDF)
From: Councilmembers Capitelli and Arreguin
Recommendation:
Request that the City Manager
1.   Develop an ordinance requiring owners of soft story multi-unit residential buildings to retrofit their buildings within four years of adoption, including appropriate enforcement and recommendations for possible incentives and/or financing opportunities;
2.   Review the standards to which buildings must be retrofitted;
3.   Solicit input from the Rent Stabilization Board in conjunction with the 4 X 4 Committee, Housing Advisory Commission, Building and Safety, Disaster and Fire Safety Commission and community stakeholders; and
4.   Immediately issue citations and fines to owners of soft-story multi-unit residential buildings that have not complied with BMC 19.39 requiring an engineering report for designated soft story buildings.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

56.  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

57.  Opposing the Proposed Comcast-NBC Universal Merger (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution opposing the proposed Comcast-NBC merger and send a letter to the Federal Communications Commission (FCC) and Justice Department Anti-trust Division urging opposition to the merger.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

58.  Support U.S. Labor Against the War by Adopting a Resolution, Condemning the War (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution, supporting U.S. Labor Against the War in their effort to progress the Antiwar movement by increasing pressure from local and state governments on Congress.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

59. Support California Alliance for Retired Americans’ (CARA) Petition to Save Social Security (PDF)
From: Councilmember Worthington
Recommendation:
Adopt the California Alliance for Retired Americans’ (CARA) petition and send a letter to the National Commission on Fiscal Responsibility and Reform and Senators Feinstein and Boxer to save social security for future generations.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

60.  Proposition 26: Overview and Preliminary Impact Analysis (PDF)
From: City Manager
Contact: Beth Meyerson, Health Services, 981-5100

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

62.  Impact of Oakland Gang Injunction on the City of Berkeley (PDF)
From: City Manager
Contact: Michael Meehan, Police, 981-5900

63.  Report on the Alameda County Transportation Commission (PDF)
From: Councilmember Capitelli
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150 

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

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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 September 16, 2010.

Deanna Despain, CMC, 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 13: Donation from Friends of Sweatfree Berkeley
1.    Diana Bohn, on behalf of Friends of Sweatfree Berkeley

Visual Blight / 1760 Solano Avenue
2.    Yong Liu (8 additional form letters on file in City Clerk’s Office)

Immigration Laws
3.    Unknown

Downtown Berkeley’s Associations Parking Policy
4.    John Caner, on behalf of the Downtown Berkeley Association

Alcohol Sales at Walgreens
5.    Wendy Alfsen

Victory Garden Foundation
6.    Bonnie Borucki

Berkeley Housing Authority Complaint
7.    Elidia Duarte

Sawtooth Parking Lot
8.    Phoebe Sorgen

BUSD Tax Measure Info
9.    Barbara Gilbert

Corporation Rights
10. Leeza Vinogradov

North Shattuck Safeway
11. Daniel Caraco
12. Kieron Slaughter

West Berkeley Transportation Service Fee
13. Maulin Chokshi, on behalf of the University Avenue Association

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