City Clerk
City Clerk

Regular Meeting eAgenda
October 26, 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, October 26, 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, CMC, City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.


Preliminary Matters
 
Roll Call:
 
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
 
City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
 
Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

 
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.
In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.
 
Consent Calendar
 
The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.
 
After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

From: City Manager
Recommendation: Approve the FY 2012 & FY 2013 Biennial Budget development calendar.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 64,675-N.S.; and adopting a revised Conflict of Interest Code for the City of Berkeley.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution approving a Conflict of Interest Code for the Berkeley Housing Authority.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt two Resolutions:
1    Authorizing the City Manager or his designee to execute the necessary documents related to the New Markets Tax Credits (NMTC) financing for the Berkeley Society for the Preservation of Traditional Music, also known as the Freight and Salvage (referred to herein as 'Freight'); and
2.   Authorizing the City Manager to grant back the identical amount to the Freight that it will pay the City pursuant to the Transfer Tax Ordinance which is expected to be approximately $180,000.
Financial Implications: Loan- $180,000
Contact: Michael Caplan, Economic Development, 981-7530
 
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 - $2,518,264
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution to allow the Homeless Commission and the Human Welfare and Community Action Commission to exceed the number of meetings allowed in calendar years 2010 and 2011 to participate in the City of Berkeley's biannual FY12-13 Request for Proposal (RFP) process as follows: Authorize the Homeless Commission to schedule up to 30 meetings in 2010 and 20 meetings in 2011. -- Authorize the Human Welfare and Community Action Commission to meet up to 17 times in 2011.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding with the City of Oakland, Department of Human Services, in an amount not to exceed $76,000 for operation of the Winter Shelter Program at the Oakland Army Base.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 1021 Community Services and PTRLA Chapters to modify Section 11.7 of the Memorandum Agreement regarding the requirements for eligibility for temporary assignment to a higher classification for several classifications in the Library.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the Berkeley Municipal Code Chapter 19.24 Construction and Demolition Debris Salvage and Recycling.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Quantum Energy Services & Technologies, Inc. (QuEST) for the approximate period December 1, 2010 through December 31, 2012 in the amount of $251,381 in revenues for the implementation of the Multifamily Energy Efficiency Project.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Adopt a Resolution:
1    Approving plans and specifications for the Facilities Maintenance Building, Specification Number 10-10523-C;
2    Accepting the bid of Fine Line Construction; and
3    Authorizing the City Manager to execute a contract and any extensions or change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $4,140,000.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6135B with Parking Concepts Inc. (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 $569,152 for a total amount not to exceed $8,153,984; and extending the contract through June 30, 2011 with an option to extend on a month-to-month basis if necessary.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7966 with Clean Harbors Environmental Services, Inc. to remove and dispose of hazardous waste and materials from City property, increasing the amount by $200,000 for a total amount not to exceed $400,000, and extending the term to include the period June 1, 2009 through June 30, 2013.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: Auditor
Recommendation: Request the City Manager report back by March 2011 and every six months thereafter regarding the implementation status of each recommendation in the attached audit report until all recommendations have been reported implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
From: Auditor
Recommendation: Request the City Manager report back by April 2011 (and every six months thereafter) regarding the implementation status of each recommendation in the attached audit report until all recommendations have been reported implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
 
From: Peace and Justice Commission
Recommendation: Request the City Council to authorize follow-up letters to Eric Holder, United States Attorney General and Joseph Russoniello, United States Attorney for Northern California, inquiring for the second time into the status of the prosecution of John Yoo for promoting torture and related crimes against humanity.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5100

 
Council Consent Items
 
From: Councilmembers Arreguin and Worthington
Recommendation: Adopt a proclamation honoring the Berkeley City College Digital Arts Club.
Financial Implications: 
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Worthington and Arreguin
Recommendation: Send a letter to McDonald's urging it to require its suppliers to use the less violent chicken-slaughter method that is recommended by the company's own animal welfare advisors and would reduce the instance of broken bones and eliminate the live scalding of birds.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
Revised report (PDF)
From: Councilmember Worthington 
Recommendation: Recognize and praise the new Chief of Police Michael Meehan and the Berkeley Police Department (BPD) for their success in continuously reducing crime in Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution calling for the just treatment of BevMo workers by restoring all work hours and benefits to BevMo employees.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 
From: Councilmembers Wozniak, Maio and Moore
Recommendation: Refer to the City Manager, the adoption of a Resolution to include in the Council Labor Negotiation Policy a policy to standardize and simplify pay and benefits so that administrative costs can be reduced and the transparency of total compensation can be increased, while at the same time not resulting on overall increase in costs.
Financial Implications: See report
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 – Old Business
 
22.  Support Asahbir Basi (Continued from October 19, 2010) (PDF)
From: Councilmember Worthington 
Recommendation: Send a letter of support to Asahbir Basi a recent victim of a hate crime that took place on September 11, 2010.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 
Action Calendar – New Business
 
From: City Manager
Recommendation: 
Adopt a Resolution:
1.   Establishing a new schedule of fines for parking violations and late payment penalties, generally increasing fines by $5.00 per citation; and
2.   Rescinding Resolution 64,525-N.S. and all amendments thereto, effective December 7, 2010.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7400
 
From: City Manager
Recommendation: 
1.   Adopt the first reading of an Ordinance repealing and reenacting the Berkeley Fire Code, Chapters 19.48 and related procedural and stricter provisions; 
2.   Adopt a Resolution rescinding Resolution Number 63,930-N.S. and setting forth findings of local conditions that require more stringent regulations than those provided by the 2010 California Fire Code for submission to the California Building Standards Commission; and
3.   Adopt a Resolution rescinding Resolution 64,453-N.S. and adopting a new Fee Schedule with updated permit numbers to reflect new Berkeley Fire Code.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
 
From: City Manager
Recommendation: 
1.   Adopt the first reading of an Ordinance repealing and reenacting the Berkeley Building Code including Appendix J, Electrical, Mechanical and Plumbing Codes in BMC Chapters 19.28, 19.30, 19.32, and 19.36 and adopting new BMC Chapters 19.29, (Residential Code), 19.37 (Green Building Standards Code) and related procedural and stricter provisions, and schedule a Public Hearing for the second reading on November 9, 2010 pursuant to state law.
2.   Adopt a Resolution setting forth findings of local conditions that require more stringent regulations than those provided by the 2010 California Building Code and rescinding Resolution No. 60,862–N.S.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

 
Action Calendar – Council Items
 
From: Councilmember Worthington
Recommendation: That the City Council move Berkeley to Adopt a Plastic Bag Ordinance.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

 
Information Reports
 
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530
 
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
 
29.**Removed from agenda by City Manager**Status Report: Leases Audit: Conflicting Directives Hinder Contract Oversight (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
Contact: Claudette Ford, Public Works, 981-6300

 
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 October 21, 2010. 

 

Deanna Despain, City Clerk


Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Revere Glass
1.  John Lineweaver, on behalf of the Telegraph Business Improvement District

Mixed Use / Retail Tenants
2.  Patrick Kennedy

Berkeley Iceland
3.  Wilson Wendt, Miller Starr Regalia

 

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