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Regular Meeting Annotated Agenda
October 26
, 2010

Printer-friendly PDF* annotated agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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ANNOTATED 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


Preliminary Matters

Roll Call: 7:07 p.m.  Absent: Councilmember Wengraf.  Councilmember Wengraf present at 7:08 p.m.

Ceremonial Matters: 

  1. Berkeley Project Day is November 6, 2010.
  2. Salma Arastu
  3. Berkleley World Polio Day
  4. Pat Cody Memorial Service scheduled for October 30, 2011 at 2:00 p.m.  2345 Channing Way.

City Manager Comments: 

  1. Information Technology Department was the recipient of the Award of Excellence from the Municipal Information Systems Association of California (MISAC).
  2. Reward will be offered for any information leading to the arrest of suspects of the shooting at Sacramento Street.

Public Comment on Non-Agenda Matters: 4 speakers.


Public Comment on Consent Calendar and Information Items Only: 5 speakers. 

Consent Calendar

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

1. FY 2012 & FY 2013 Biennial Budget Development Calendar (PDF)
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
Action: Approved recommendation.
 
2. Revised Conflict of Interest Code (PDF)
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
Action:  Adopted Resolution No. 65,068–N.S.

3. Approving the Berkeley Housing Authority Conflict of Interest Code (PDF)
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
Action:  Adopted Resolution No. 65,069–N.S.

4. New Markets Tax Credit Financing for the Freight and Salvage and Grant Back Related City Transfer Tax Revenues (PDF)
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
Action:  Adopted Resolution No. 65,070–N.S. and Resolution No. 65,071–N.S.

5. 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 - $2,518,264
Contact: Robert Hicks, Finance, 981-7300
Action: Approved Recommendation.

6. Homeless Commission and Human Welfare and Community Action Commission Meeting Schedule for 2010 and 2011 (PDF)
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
Action:  Adopted Resolution No. 65,072–N.S.

7. Winter Homeless Shelter Programs (PDF)
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
Action:  Adopted Resolution No. 65,073–N.S.

8. Side Letter of Agreement - SEIU Local 1021 Community Services and PTRLA Chapters (PDF)
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
Action:  Adopted Resolution No. 65,074–N.S.

9. Chapter 19.24 B.M.C. Amendment: Construction and Demolition Debris Salvage and Recycling (PDF)
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
Action:  Adopted first reading of Ordinance No. 7,156–N.S.  Second reading scheduled for November 9, 2010.

10. Contract: Multifamily Energy Efficiency Project (PDF)
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
Action:  Adopted Resolution No. 65,075–N.S.

11. Contract: Fine Line Construction for Seismic Retrofit of the Facilities Maintenance Building (PDF)
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
Action:  Adopted Resolution No. 65,076–N.S.

12. Contract No. 6135B Amendment: Parking Concepts Inc. for Off-Street Parking Facility Management (PDF)
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
Action:  Adopted Resolution No. 65,077–N.S.

13. Contract No. 7966 Amendment: Clean Harbors Environmental Services, Inc. for Hazardous Waste Removal (PDF)
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
Action:  Adopted Resolution No. 65,078–N.S.

14. Audit: Lack of Support for Payroll Adjusting Journal Entries: Grant Revenue at Risk? (PDF)
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
Action: Approved recommendation.

15. Audit: Equipment Replacement Fund - Sustainability and Transparency (PDF)
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
Action: Approved recommendation.

16. Status of Prosecution of John Yoo for Promoting Torture (PDF)
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
Action: Approved recommendation revised to include Melinda Haag, U.S. Attorney for Northern California as a recipient of the letter.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Bates.  Abstain: Wengraf and Wozniak.

Council Consent Items

17. Proclamation Honoring the Berkeley City College Digital Arts Club (PDF)
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
Action: Adopted proclamation.
 
18. Urging McDonald's Corporation to Switch to a Less Cruel Method of Chicken Slaughter (PDF)
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
Action: Approved recommendation revised to include a referral to the Humane Commission.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Bates.  Abstain: Capitelli and Wozniak.
 
Revised Agenda Material (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
Action: Continued to November 9, 2010.

20. Support BevMo Workers by Restoring Hours and Benefits to Employees (PDF)
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
Action:  Adopted Resolution No. 65,079–N.S.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates.  Abstain: Wengraf.

21. Policy for Fiscal Sustainability and Transparency: Payroll (PDF)
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:  Approved recommendation revised to include communication from Local One (available in the Supplemental 1 packet) for consideration. 

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
Speakers: 0
Action: M/S/C (Worthington/Moore) to approve Councilmember Worthington’s recommendation to send a letter of support to Asahbir Basi, a recent victim of a hate crime that took place on September 11, 2010.
Vote: All Ayes (Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates).

Action Calendar – New Business

23. Change in Parking Citation Fines Due to State Budget Fee Increase (PDF)
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
Speakers: 0
Action: M/S/C (Capitelli/Moore) to adopt Resolution No. 65,080–N.S. establishing a new schedule of fines for parking violations and late payment penalties, generally increasing fines by $3.00 per citation and rescinding Resolution 64,525-N.S. and all amendments thereto, effective December 7, 2010.

City Manager to return to Council in January, 2011 with an evaluation of fines including standardization of dollar amounts.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates.  Noes: Wozniak.

24. Adoption of the 2010 California Fire Code with Local Amendments (PDF)
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
Action:  Moved to Consent Calendar. Adopted the following:

1    First reading of Ordinance No. 7,157–N.S. repealing and reenacting the Berkeley Fire Code, Chapters 19.48 and related procedural and stricter provisions. Second reading scheduled for November 9, 2010.

2    Resolution No. 65,081–N.S. rescinding Resolution No. 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    Resolution No. 65,082 –N.S. rescinding Resolution No. 64,453–N.S. and adopting a new Fee Schedule with updated permit numbers to reflect new Berkeley Fire Code.

25. Adoption of Berkeley Building Codes (PDF)
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
Speakers: 0
Action:  Moved to Consent Calendar. Adopted the following:

1    First reading of Ordinance No. 7,158–N.S. 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    Resolution No. 65,083–N.S. 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.

Action Calendar – Council Items
 
26. Local Plastic Bag Ordinance (PDF)
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
Speakers: 0
Action: Continued to November 9, 2010.

Information Reports

27. Decline in Taxable Retail Sales in Berkeley with Corresponding Decline in City Revenue from the State Sales Tax (PDF)
From: City Manager
Contact: Michael Caplan, Economic Development, 981-7530
Action: Moved to Action Calendar.  Received and filed.
 
28. Tentative Tract Map 8011: 2628-2630 Benvenue Avenue (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action: Received and filed.

29.  **Removed from agenda by City Manager**Status Report: Leases Audit: Conflicting Directives Hinder Contract Oversight
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

30. Update on Off-Street Parking Facilities Management Services (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0 speakers.

Adjourned at 8:58 p.m.

Communications (PDF)

Revere Glass
1.    John Lineweaver, on behalf of the Telegraph Business Improvement District: Referred to City Manager by Councilmembers Capitelli and Worthington.

Mixed Use / Retail Tenants
2.    Patrick Kennedy: Referred to City Manager by Councilmember Moore.

Berkeley Iceland
3.    Wilson Wendt, Miller Starr Regalia

Supplemental Communications and Reports 1 (PDF)

Item 16: Status of Prosecution of John Yoo for Promoting Torture
4.    Rita Maran

Item 19: Recognizing the Outstanding Efforts of the Chief of Police Michael Meehan and Berkeley Police Department for Continuously Reducing Crime in Berkeley

  • Revised report, submitted by Kriss Worthington, District 7 (see agenda item)

Item 21: Policy for Fiscal Sustainability and Transparency: Payroll
5.    Jeff Apkarian, on behalf of Public Employees Union, Local One

 “Berkeley Says No to Torture” Events
6.    Mary Ann Thomas

Supplemental Communications and Reports 2 (PDF)

-None

 

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