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Regular Meeting eAgenda
December 7, 2010

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

Note: 

  • 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, December 7, 2010
 
7:00 P.M.
 
Council Chambers - 2124 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.
 
1.     Swearing in of Newly Elected Councilmembers.
 
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: Adopt an Urgency Ordinance granting the City Manager authority to adopt regulations to implement BMC Section 16.10.050, concerning equipment in the public right of way.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Recommendation: 
1.   Adopt a Resolution:
a.   Confirming the results of the November 2, 2010 General Municipal Election;
b.   Declaring the passage of Measure R – Downtown Area Plan, Measure S –Tax on Cannabis Businesses and Measure T – Amendments to Medical Cannabis Regulations
2.   Adopt an Ordinance amending the Berkeley Municipal Code to incorporate the passage of Measure S – Tax on Cannabis Businesses.
3.   Adopt an Ordinance amending the Berkeley Municipal Code to incorporate the passage of Measure T – Amendments to Medical Cannabis Regulations.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 9, 2010 (regular) and November 16, 2010 (regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution reappointing Dr. Jan Washburn to the Board of Trustees of the Alameda County Abatement District for a two-year term commencing on January 2, 2011 and ending on January 1, 2013.
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with San Francisco Paramedic Association to provide annual emergency medical service education to paramedics of the Berkeley Fire Department from January 1, 2011 to December 31, 2012 in the amount of $44,000, with an option to extend for 2 additional two-year contract terms for a total of six years in a total amount not to exceed $132,000.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Berkeley Unified School District to create a baseline service level at each school site where the "Building Effective Schools Together" program is implemented, for the period of December 8, 2010 through June 30, 2011 in an amount not to exceed $55,000.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept grant funds from Alameda County's Healthy Housing Program (AC-HHP) in the amount of $30,000 to implement the "Berkeley Healthy Housing Project" for the period December 8, 2010 to December 7, 2011; to execute the resultant revenue agreements, contracts and any amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses.
Financial Implications: Asthma Prevention & Control Program Fund - $30,000 (grant)
Contact: Beth Meyerson, Health Services, 981-5100
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance to provide Basic Life and Accidental Death and Dismemberment Insurance at the premium rate of $0.165 per $1,000 of coverage for eligible employees, and Supplemental Life Insurance effective January 1, 2009 through June 30, 2011 for an amount not to exceed $240,000.
Financial Implications: Payroll Deduction Trust Fund - $63,324
Contact: David Hodgkins, Human Resources, 981-6800
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance (Cigna) to provide Long-Term Disability (LTD) insurance at the premium rate of 0.379% for every $100 of active participants' covered salaries for most non-sworn employees effective July 1, 2007 through June 30, 2011, in an amount not to exceed $1,168,000.
Financial Implications: Not to exceed $1,168,000
Contact: David Hodgkins, Human Resources, 981-6800
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Cigna Group Insurance (Cigna) to provide third party administrative services for the Supplementary Retirement and Income Plan I (SRIP I) disability benefit effective July 1, 2007 through June 30, 2011, in an amount not to exceed $306,000.
Financial Implications: Not to exceed $306,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2011 for administering the Workers' Compensation Program, in an amount not to exceed $205,000.
Financial Implications: Not to exceed $205,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 60,777-N.S., the Unrepresented Employee Manual, to amend Article 10.06 (Order of Layoff), to specialty designate the Administrative & Fiscal Services Manager position in the Library and treat it as a separate classification for the purposes of administering the layoff procedure.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution approving the extension of employment of Jay Claiborne, a temporary unbenefitted half- time Senior Planner, through December 31, 2010.
Financial Implications: General Fund - $14,540
Contact: David Hodgkins, Human Resources, 981-6800
 
Recommendation: Adopt a Resolution approving the extension of employment of Matthew Taecker, a temporary Senior Planner, through December 31, 2010.
Financial Implications: Permit Service Center Fund - $27,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt two Resolutions:
1.   Amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Administrative & Fiscal Services Manager with a monthly salary range of $7,428 - $9,473 effective December 26, 2010, and abolish the Library Administrative Manager classification;  2.     Amend Resolution No. 64,250-N.S., Classification and Salary Resolution for Public Employees Union Local One to establish the classification of Administrative & Fiscal Services Manager with a monthly salary range of $7,428 - $9,473 effective December 26, 2010, and abolish the Senior Budget Specialist and Health Administrative/Financial Specialist classifications.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the classification of Administrative Staff Assistant with a monthly salary range of $5,220 - $6,408 effective December 12, 2010.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City of Berkeley to execute and file an application for funding for the Berkeley Transit Action Plan (B-TAP) under the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA), any extensions of SAFETEA or any successor legislation for continued funding.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 
1.   Accept one-time grant funds from the U.S. Department of Transportation FHWA FY 2009 Value Pricing Pilot Program in the amount of $1,800,000 to jointly implement the Berkeley Parking Pricing and Real Time Guidance for City and University Project with the University of California, Berkeley; and 
2.   Grant a waiver to the Nuclear Free Berkeley Act per BMC Section 12.90.070 (A) that includes the following statement: "The Berkeley City Council reiterates and reaffirms the purpose of the Nuclear Free Berkeley Act 'to make Berkeley nuclear-free' and calls upon the University of California to phase out its management of the two nuclear weapons labs, Lawrence Livermore and Los Alamos, and to cease involvement with ‘the nuclear fuel cycle as a whole’”; and
3.   Enter into an agreement with UC Berkeley to govern adherence to all applicable grant rules and regulations, delivery of the Project Scope of Work and adherence to the Project Budget.
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. 6668C with Cale Parking Systems USA, Inc. for pay station services, increasing the contract by $877,538; and an option of $408,158 to purchase up to 50 additional P& D stations for a total contract amount not to exceed $3,948,052 for the period May 20, 2005 to June 30, 2014.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the Sanitary Sewer Project, 10-10506-C, located on Claremont Avenue
2.   Accepting the bid of the lowest responsive responsible bidder, D'Arcy & Harty Construction 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 $593,683 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
 
From: City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Alameda-Contra Costa County Transit District (AC Transit) for the continuation of an annual bus transit pass (EasyPass) program for City of Berkeley employees in an amount not to exceed $210,000 for the two-year period January 1, 2011 through December 31, 2012.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: Peace and Justice Commission
Recommendation: Adopt a Resolution designating February 2011 as National Teen Dating Violence Awareness and Prevention Month.
Financial Implications: None
Contact: Eric Brenman, Peace and Justice Commission, 510-981-5114


Council Consent Items
 
From: Councilmembers Capitelli, Wengraf and Moore
Recommendation:
1.            Direct the City Manager to immediately implement the following
a.   Institute Early Bird parking at the Center Street, Oxford and Telegraph-Channing Garages. These sites are currently significantly underutilized. Such a program would better serve downtown and Telegraph-area workers and visitors and free up on-street parking. The program should specify:  “In by 9:00 a.m.--Out by 6:00 pm.”
b.   Establish a city-wide parking ‘holiday’ on December 11 and 18 (Saturdays). This will encourage local shopping in the district(s) and give a small indication to local merchants that the City is sensitive to the current difficult business climate.
c.         Direct the City Manager to bring back to the City Council an amendment to Resolution 64,077–N.S. allowing the City Manager, at the recommendation of the Economic Development Manager, to defer zoning fees for new and relocating businesses in commercial districts. These fees would be due concurrent with any business license fee on the third anniversary of the payment of the business license fee.
d.   Mandate a review of the intake process for building permits intended to increase applicant understanding of all requirements that must be met before a permit can be issued.   At present, some applicants claim that they were not notified of all requirements at the beginning of the process and that the issuance of their permit was delayed by what they feel was a “new” requirement.  Consider possible building permit intake session with a staff member who would explain requirements including possible new ones that could be triggered if some threshold is exceeded.  If intake session is not feasible because of staffing, consider improvements to checklists.   
 
2  Forward to staff and the Planning Commission recommendations contained in Section B of the report for action.
a.   Suspend Solano Avenue food service quota. A recent survey of over 1300 citizens, 65% of whom lived within 8 blocks of Solano, indicated overwhelming support for removing the quota. There have been several food services desiring to locate on Solano but unable or unwilling to go through the lengthy and costly permitting process of an exception to the quota.
b.   Allow restaurants with seating to obtain a beer/wine license for incidental alcohol service with meals with an AUP rather than a Use Permit and Public Hearing.   Staff will establish a set of standard conditions for alcohol service with meals.  This measure will reduce the time and expense required for restaurants to obtain a permit  while reducing the Planning Dept. workload and allowing planners and ZAB members to spend their time on projects that are more controversial. Any controversial application for restaurant alcohol service could still be set for a public hearing before the ZAB.
c.    Extend hours of operation on Solano Avenue to 11 pm.  Referencing the above survey, there was overwhelming support for more evening activity on the street.
d.   Allow ‘office retail’, yoga, exercise and dance studios, massage and other types of physical therapy, and artists’ studios up to 2000 square feet on the ground floor with a Zoning Certificate. ‘Office retail’ is defined as office uses generating significant foot traffic as opposed to professional offices that generate little if any such pedestrian activity. Require that storefront windows be transparent and provide pedestrian viewing into the front 20’ of storefront. Zoning Certificate would have attached a standard set of conditions to further protect the public from undesirable uses.
e.   Standardize the parking requirement at 2 spaces per one thousand square feet and maintain the ‘grandfather’ exemption for preexisting buildings.
f.    Investigate providing incentives to property owners to encourage leasing and establish disincentives to motivate property owners not to leave their properties vacant.
g.   Revise sign ordinance to exempt signs for businesses under 2000 square feet from design review by providing basic design standards (material, lettering, illumination, etc.) in addition to existing size and numerical limitations. The design review process is expensive and time consuming and results in new business installing ‘temporary’ banner signs that remain for months or years. Businesses that do not want to conform to the basic design standards could still opt for the conventional design review process.
Financial Implications: Unknown staff time.
Contact: Laurie Capitelli, Councilmember District 5, 981-7150
 
From: Councilmember Worthington
Recommendation: Adopt a Resolution granting City co-sponsorship to the 27th annual Telegraph Avenue Holiday Street Fair.
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 – 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.
 
25.**Removed from Agenda and Continued to December 14, 2010 **ZAB Appeal: 1170 The Alameda
Contact: Dan Marks, Planning and Development, 981-7400
 
26. **Removed from Agenda and Continued to December 14, 2010 **ZAB Appeal: 2940 Benvenue Avenue
Contact: Dan Marks, Planning and Development, 981-7400

 
Action Calendar – Old Business
 
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 Calendar – New Business
 
Recommendation:
1.   Adopt first reading of an Ordinance amending the FY 2011 Annual Appropriations Ordinance No. 7,147–N.S. for fiscal year 2011 based upon recommended re-appropriation of committed FY 2010 funding and other adjustments authorized since July 1, 2009, in the amount of 44,456,795 (gross) and $42,808,846 (net).
2.   Approve the revised FY 2012 and FY 2013 Biennial Budget development calendar.
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
From: City Manager
Recommendation: Grant the property owner's request to continue consideration of the project to a date not later than January 1, 2012, without opening the public hearing.
Financial Implications: None
Contact: Zach Cowan, City Attorney, 981-6950
 
a.   From: Mental Health Commission
Recommendation: Adopt a Resolution approving the implementation of an annual Crisis Intervention Training ("CIT") Program for Berkeley Police Officers.
Financial Implications: Unknown
Contact: Beth Meyerson, Health Services, 981-5100
 
Recommendation: The City Manager recommends that no action be taken on the Commission's recommendations until an analysis of the fiscal and operational implications of providing an initial 40 hours of CIT training, with refresher training annually thereafter, to the Berkeley and possibly Albany Police Departments is completed and provided to Council.
Financial Implications: Unknown at this time.
Contact: Beth Meyerson, Health Services, 981-5100
 
From: Mayor Tom Bates
Recommendation: Officially appoint the Vice-President of the Council for a term of one year beginning December 2010 to December 2011.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

 
Information Reports
 
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
 
From: City Manager
Contact: Christine Daniel, Deputy City Manager, 981-7000
 
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
 
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
 
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

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 December 2, 2010.

Deanna Despain, CMC, 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.

Smoke-Free Legislation
1.    Serena Chen

Tribute to Mayor Dellums
2.    Esther Taylor

Crime Reduction
3.    Laura Menard

Physical Fitness & COB Employees
4.    Barbara Gilbert

KPFA
5.    Steve Gilmartin
6.    Mara Rivera
7.    Virginia Browning

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