minutes for approval - city of berkeley

Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/manager

CONSENT CALENDAR January 18, 2011

To: Honorable Mayor and Members of the City Council

From: Phil Kamlarz, City Manager

Submitted by: Deanna Despain, City Clerk

Subject: Minutes for Approval

RECOMMENDATION Approve the minutes for the Council meetings of December 7, 2010 (special and regular), December 13, 2010 (special closed), and December 14, 2010 (special and regular).

CONTACT PERSON Deanna Despain, City Clerk, 981-6900

Attachments: 1. December 7, 2010–Special City Council Meeting 2. December 7, 2010–Regular City Council Meeting 3. December 13, 2010–Special Closed City Council Meeting 4. December 14, 2010–Special City Council Meeting 5. December 14, 2010–Regular City Council Meeting

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M I N U T E S B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G TUESDAY, DECEMBER 7, 2010

5:30 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: 5:33 p.m.

Present: Councilmembers Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Wozniak and Mayor Bates.

Absent: Councilmember Worthington.

Councilmember Worthington present at 5:35 p.m.

Public Comment – Items on this agenda only – 6 speakers.

Worksession:

1. First Quarter FY 2011 Budget Update From: City Manager Contact: Phil Kamlarz, City Manager, 981-7000 Action: Presentation made and discussion held.

2. Discussion of Mental Health Division Assessment and Proposed Action Plan From: City Manager Contact: Beth Meyerson, Health Services, 981-5100 Action: Presentation made and discussion held.

Adjourned at 7:07 p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of December 7, 2010 as approved by the Berkeley City Council. _______________________________ Deanna Despain, CMC, City Clerk

Attachment 1

Communications None

Supplemental Communications and Reports 1 None

Supplemental Communications and Reports 2

Item 1: First Quarter FY 2011 Budget Update Presentation and supplemental materials, submitted by City Manager’s Office

(see agenda item)

Item 2: Discussion of Mental Health Division Assessment and Proposed Action Plan Presentation, submitted by Health Services (see agenda item)

M I N U T E S BERKELEY CITY COUNCIL MEETING

TUESDAY, DECEMBER 7, 2010

7:00 P.M.

Council Chambers - 2124 Martin Luther King Jr. Way

TOM BATES, MAYOR

Councilmembers:


.

Preliminary Matters


Present: Councilmembers Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates.

Absent: None.

Ceremonial Matters:

1. Swearing in of Newly Elected Councilmembers. 9 speakers.

Recess: 7:39 p.m. – 7:52 p.m.

City Manager Comments:

1. City offices will be closed December 23, 2010-January 3, 2011 for holiday and Cost Saving/Reduced Service Days.

Public Comment on Non-Agenda Matters: 5 speakers. Referred the Hearst and LeRoy traffic issue to the City Manager by Councilmember Worthington.

Public Comment on Consent Calendar and Information Items Only: 15 speakers.

Consent Calendar

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

1. Amendment to Berkeley Municipal Code Section 16.10.050 Granting City Manager Authority to Adopt Implementing Regulations Concerning Equipment in the Public Right of Way 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.

Attachment 2

Consent Calendar

Tuesday, December 7, 2010 MINUTES Page 2

Financial Implications: See report Contact: Zach Cowan, City Attorney, 981-6950 Action: Adopted Urgency Ordinance No. 7,159–N.S.

2. Confirming the Results of the November 2, 2010 General Municipal Election 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 Action: Adopted the following: 1. Resolution No. 65,104–N.S.

2. Ordinance No. 7,160–N.S. (Measure S).

3. Ordinance No. 7,161–N.S. (Measure T).

Staff to return with analysis of undervoting results in comparison to past elections.

3. Minutes for Approval 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 Action: Approved minutes as submitted.

4. Re-Appointment of Dr. Jan Washburn to the Alameda County Mosquito Abatement District Board of Trustees 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 Action: Adopted Resolution No. 65,105–N.S.

5. Contract: San Francisco Paramedic Association for Emergency Medical Service - Paramedic Education From: City Manager 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

Consent Calendar


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 Action: Continued to December 14, 2010.

6. Contract: Berkeley Unified School District Building Effective Schools Together Program 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 Action: Adopted Resolution No. 65,106–N.S.

7. Grant: Alameda County Healthy Housing Project-Asthma Prevention 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 Action: Adopted Resolution No. 65,107–N.S.

8. Contract: Basic and Supplemental Life Insurance with Cigna Group Insurance 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 Action: Adopted Resolution No. 65,108–N.S.

9. Contract: Long-Term Disability Insurance with Cigna Group Insurance From: City Manager 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

Consent Calendar


Contact: David Hodgkins, Human Resources, 981-6800 Action: Adopted Resolution No. 65,109–N.S.

10. Contract: SRIP I Disability Insurance Administrative Services with Cigna Group Insurance From: City Manager 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 Action: Adopted Resolution No. 65,110–N.S.

11. Fee Assessment - State of California Self-Insurance Fund (Workers' Compensation Program) 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 Action: Adopted Resolution No. 65,111–N.S. revised to reflect an amount not to exceed $127,963.

12. Unrepresented Employee Manual - Layoff Policy and Procedure 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 Action: Adopted Resolution No. 65,112–N.S.

13. Extension of Temporary Part-Time Appointment of a Senior Planner 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 Action: Moved to Action Calendar. 0 speakers. M/S/C (Arreguin/Moore) to

1. Adopt Resolution No. 65,113–N.S. approving the extension of employment of Jay Claiborne, a temporary unbenefitted half- time Senior Planner, through December 31, 2010.

Consent Calendar


2. Refer to the Personnel Board the possibility of a further extension. 3. Refer to the City Manager the scheduling of a special City Council meeting to

discuss the possibility of a further extension. Vote: Ayes: Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates. Noes: None. Abstain: Maio, Worthington.

14. Extension of Temporary Appointment of a Senior Planner From: City Manager 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 Action: Moved to Action Calendar. 6 speakers. M/S/C (Maio/Capitelli) to

1. Adopt Resolution No. 65,114–N.S. approving the extension of employment of Matthew Taecker, a temporary Senior Planner, through December 31, 2010.

2. Refer to the Personnel Board the possibility of a further extension. 3. Refer to the City Manager the scheduling of a special City Council meeting to

discuss the possibility of a further extension.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates. Noes: Worthington.

15. Classification: Administrative & Fiscal Services Manager 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 Action: Adopted Resolution No. 65,115–N.S. and Resolution No. 65,116–N.S.

16. Classification and Salary: Administrative Staff Assistant 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 Action: Adopted Resolution No. 65,117–N.S.

Consent Calendar


17. Grant Award: Metropolitan Transportation Commission's Climate Initiatives Innovative Grants Program 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 Action: Adopted Resolution No. 65,118–N.S.

18. Grant Award: U.S. Department of Transportation Federal Highway Administration (FHWA) Value Pricing Pilot Program 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 Action: Adopted Resolution No. 65,119–N.S.

19. Contract No. 6668C Amendment: Cale Parking Systems USA Inc. for Pay-and-Display Station Operations 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 Action: Adopted Resolution No. 65,120–N.S. revised to omit the option to purchase additional P&D stations. Total contract amount not to exceed $3,539,895.

Consent Calendar


20. Contract: D'Arcy & Harty Construction Inc. for Sanitary Sewer Project for Claremont Avenue 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 Action: Adopted Resolution No. 65,121–N.S.

21. Contract: AC Transit for Bus Transit Pass (EasyPass) Program 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 Action: Adopted Resolution No. 65,122–N.S.

22. Designation of February 2011 as National Teen Dating Violence Awareness and Prevention Month 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 Action: Adopted Resolution No. 65,123–N.S.

Council Consent Items

23. Encouraging Economic Development and Increasing City Revenue From Business Activity 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 Action: 1 M/S/C (Worthington/Maio) to adopt the following:

a) 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 either the first, second or third anniversary of the payment of the business license fee. Staff to return with financial implications deference of fees for one, two or three years. b) 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.

c) Forward to staff and the Planning Commission recommendations contained in Section B of the report for action. i. 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. ii. 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. Staff to clarify what districts should be included. iii. 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.



iv. 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. v. Standardize the parking requirement at 2 spaces per one thousand square feet and maintain the ‘grandfather’ exemption for preexisting buildings. vi. Investigate providing incentives to property owners to encourage leasing and establish disincentives to motivate property owners not to leave their properties vacant. vii. 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. viii. Consideration of tables, chairs and planters as of right and consistent with American Disability Act (ADA) standards.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes: None.

2. M/S/C (Anderson/Moore) to establish a Citywide parking ‘holiday’ on December

18 and 24.

Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak. Noes: Arreguin, Worthington, Bates. Recess: 9:43 p.m. – 9:56 p.m.

24. Sponsorship of 27th Annual Telegraph Avenue Holiday Street Fair 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: Adopted Resolution No. 65,124–N.S.

Action Calendar – Appeals

25. **Removed from Agenda and Continued to December 14, 2010 **ZAB Appeal: 1170 The Alameda Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar - Appeals


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

27. Recognizing the Outstanding Efforts of the Chief of Police Michael Meehan (Continued from October 26, 2010) 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 January 18, 2011.

Action Calendar – New Business

28. Amendments: FY 2011 Annual Appropriations Ordinance and Biennial Budget Calendar From: City Manager 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 Action: Moved to Consent Calendar.

1. Adopted first reading of Ordinance No. 7,162–N.S. 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). Second reading scheduled for December 14, 2010.

2. Approved the City Manager’s recommendation to approve the revised FY 2012 and 2013 Biennial Budget development calendar.

29. Request for Continuance, Reconsideration of the Designation of Berkeley Iceland, 2727 Milvia St, as a City of Berkeley Landmark 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



Action: Moved to Consent Calendar. Approved the City Manager’s recommendation to 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.

30. Crisis Intervention Training Program 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

b. From: City Manager 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

Action: Moved to Consent Calendar. Approved the City Manager’s recommendation 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 provide to Council.

31. Official Appointment of Vice-President of the Council 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

Action: Moved to Consent Calendar. Adopted Resolution No. 65,125–N.S. to officially appoint Linda Maio as the Vice-President of the Council for a term of one-year beginning December 2010 to December 2011.

Information Reports

32. FY 2010 Year End Review From: City Manager Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000 Action: Received and filed.

33. Update on American Recovery and Reinvestment Act (ARRA) 2009 Funding From: City Manager Contact: Christine Daniel, Deputy City Manager, 981-7000 Action: Received and filed.

Information Reports


34. Settlement of Claim of PWS, Inc. From: City Manager Contact: Zach Cowan, City Attorney, 981-6950 Action: Received and filed.

35. Audit Update: Response Times to Calls for EMS Could Be Improved From: City Manager Contact: Debra Pryor, Fire, 981-3473 Action: Received and filed.

36. Fire and Police Departments Diversity Recruitment Plans From: City Manager Contact: David Hodgkins, Human Resources, 981-6800 Action: Received and filed. Referred to Agenda Committee.

37. Report on the Alameda County Transportation Commission From: Councilmember Capitelli Contact: Laurie Capitelli, Councilmember District 5, 981-7150 Action: Received and filed.

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

Adjournment: 10:46 p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the regular meeting of December 7, 2010 as approved by the Berkeley City Council. _______________________________ Deanna Despain, CMC, City Clerk

Communications

Smoke-Free Legislation 1. Serena Chen – Referred to City Manager by Councilmember Worthington.

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



Item 1: Amendment to Berkeley Municipal Code Section 16.10.050 Granting City Manager Authority to Adopt Implementing Regulations Concerning Equipment in the Public Right of Way Revised materials, submitted by City Attorney’s Office (see agenda item)

Item 13: Extension of Temporary Part-Time Appointment of a Senior Planner 8. Anne Wagley

Item 34: Settlement of Claim of PWS, Inc. 9. Steve Schwartz


Item 13: Extension of Temporary Part-Time Appointment of a Senior Planner Supplemental materials, submitted by Human Resources (see agenda item)

Item 14: Extension of Temporary Appointment of a Senior Planner 10. Members of the Berkeley Planning Commission

Item 23: Encouraging Economic Development and Increasing City Revenue from Business Activity 11. Maulin Chokshi

Pedestrian Safety 12. HeLP uS (Hearst & Le Roy Pedestrian Safety)

Muwekma Park 13. Unknown

Monday, December 13, 2010 MINUTES Page 1

M I N U T E S B E R K E L E Y C I T Y C O U N C I L A N D B O A R D O F L I B R A R Y

T R U S T E E S S P E C I A L M E E T I N G

MONDAY, DECEMBER 13, 2010

5:30 P.M.

2180 Milvia Street, 1st Floor, Cypress Room

Preliminary Matters


Present: Councilmembers Anderson, Capitelli, Moore, Wengraf, Wozniak and Mayor Bates.

Absent: Councilmembers Arreguin, Maio and Worthington.

Councilmembers Maio and Arreguin present at 5:34 p.m.

Public Comment - Limited to items on this agenda only: 0 speakers.

CLOSED SESSION: The City Council will convene in closed session to meet concerning the following: 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO

GOVERNMENT CODE SECTION 54956.9(a):

a. Concerned Library Users, et al. v. City of Berkeley, et al. (ACSC No. RG 10533979) Action: M/S/C (Anderson/Moore) to approve the settlement agreement with Concerned Library Users. Under the settlement, the appeals of the North and Claremont branch libraries have been withdrawn and the petitioner has dismissed its first cause of action. An environmental impact report (EIR) will be prepared on the impacts of work proposed for the South and West branch libraries and the zoning ordinance amendment necessary to allow that work to go forward. Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates. Absent: Worthington. Adjourn: Joint Meeting with Board of Library Trustees – 5:46 p.m.

b. United States of America v. City of Alameda, City of Albany, City of Berkeley, City of Emeryville, City of Oakland, City of Piedmont, and Stege Sanitary District (U.S.D.C. Case No. C 09-5684 RS) Action: No reportable action taken.

OPEN SESSION: Public Reports of actions taken pursuant to Government Code section 54957.1.

Attachment 3

Monday, December 13, 2010 MINUTES Page 2

Adjournment: 5:52 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the special closed meeting of December 13, 2010. _______________________________ Deanna Despain, CMC, City Clerk

M I N U T E S B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G TUESDAY, DECEMBER 14, 2010

5:30 P.M. Council Chambers – 2134 Martin Luther King Jr. Way

TOM BATES, MAYOR

Councilmembers:


Preliminary Matters


Present: Councilmembers Anderson, Capitelli, Maio, Moore, Wengraf, Wozniak and Mayor Bates.

Absent: Councilmembers Arreguin and Worthington.

Councilmember Worthington present at 5:55 p.m. Councilmember Arreguin present at 6:26 p.m.

Public Comment – Items on this agenda only: 2 speakers.

Worksession:

1. Department Workplans and FY 2012 Budget Priorities From: City Manager Contact: Phil Kamlarz, City Manager, 981-7000 Action: Discussion made and presentation held.

Adjourned at: 6:54 p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the special meeting of December 14, 2010 as approved by the Berkeley City Council. _______________________________ Deanna Despain, CMC, City Clerk

Communications

None


None

Attachment 4


Item 1: Department Workplans and FY 2012 Budget Priorities Presentations, submitted by City Manager and Parks, Recreation &

Waterfront (see agenda item) 1. Igor Tregub


M I N U T E S BERKELEY CITY COUNCIL MEETING

TUESDAY, DECEMBER 14, 2010

7:00 P.M.

COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY

TOM BATES, MAYOR

Councilmembers:


Preliminary Matters


Present: Councilmembers Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Mayor Bates.

Absent: None.

Ceremonial Matters:

1. Jerry and Joy Carlin

City Manager Comments: Due to flooding at 1947 Center Street, the following city services have been temporarily relocated:

1. Customer Service counter relocated to 2120 Milvia St.

2. Vital Statistics counter located at 1947 Center Street – 2nd floor.

3. YouthWorks relocated to main Housing Dept. office at 2180 Milvia St. – 2nd floor.

Public Comment on Non-Agenda Matters: 5 speakers.

Public Comment on Consent Calendar and Information Items Only: 7 speakers.

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

Consent Calendar

1. Amendments: FY 2011 Annual Appropriations Ordinance and Biennial Budget Calendar From: City Manager Recommendation: 1. Adopt second reading of Ordinance No. 7,162–N.S. 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).

Attachment 5

Consent Calendar


Financial Implications: See report Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000 Action: Adopted second reading of Ordinance No. 7,162–N.S.

2. Keith Allen Rarick v. City of Berkeley Settlement From: City Manager Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG10 509005 entitled Rarick v. City of Berkeley, in the amount of $24,000. Financial Implications: Public Liability Fund - $24,000 Contact: Zach Cowan, City Attorney, 981-6950 Action: Adopted Resolution No. 65,126–N.S.

3. Repeal of Ordinance No. 7,148–N.S. and Removing Section 23C.04.076 from the Berkeley Municipal Code From: City Manager Recommendation: Adopt first reading of an Ordinance repealing Ordinance No. 7,148–N.S. and removing section 23C.04.076 from the Berkeley Municipal Code, concerning permit levels for public library projects. Financial Implications: None Contact: Zach Cowan, City Attorney, 981-6950 Action: Adopted first reading of Ordinance No. 7,163–N.S. Second reading scheduled for January 18, 2011.

4. Annual Commission Attendance and Meeting Frequency Report From: City Manager Recommendation: Adopt a Resolution approving a revised commission meeting frequency schedule to add the Medical Cannabis Commission and remove the West Berkeley Project Area Commission; and accept the annual attendance report. Financial Implications: None Contact: Deanna Despain, City Clerk, 981-6900 Action: Adopted Resolution No. 65,127–N.S.

5. Initiative Petition – Sunshine Ordinance From: City Manager Recommendation: Adopt a Resolution acknowledging that the initiative petition for the Sunshine Ordinance contains the requisite number of valid signatures and submit the Sunshine Ordinance to the voters of the City of Berkeley at the November 2012 General Election. Financial Implications: General Fund - Approximately $26,000 Contact: Deanna Despain, City Clerk, 981-6900 Action: Adopted Resolution No. 65,128–N.S.

6. **Removed from agenda per City Manager**Contract: San Francisco Paramedic Association for Emergency Medical Service - Paramedic Education (Continued from December 7, 2010) From: City Manager Contact: Debra Pryor, Fire, 981-3473

Consent Calendar


7. Administration of Funding Reservation to UA Homes From: City Manager Recommendation: Amend Resolution No. 64,893-N.S., previously amended by Resolution 65,047-N.S., to: 1. Waive the Housing Trust Fund (HTF) Guidelines dealing with predevelopment loans limits in order to advance up to $231,000 for UA Homes and, 2. Allow the City to reimburse Resources for Community Development (RCD) for predevelopment expenditures approved by staff that are incurred prior to executing the necessary loan documents. Financial Implications: None Contact: Jane Micallef, Housing, 981-5400 Action: Adopted Resolution No. 65,129–N.S.

8. Extension of the 2010 Housing Trust Fund Round From: City Manager Recommendation: Adopt a Resolution extending the deadline for approving fund reservations from the 2010 Housing Trust Fund (HTF) round from December 31, 2010 to December 31, 2011 in order to allow the City to assist projects which could not be funded due to a shortage of available funds in the 2010 Housing Trust Fund account. Financial Implications: See report Contact: Jane Micallef, Housing, 981-5400 Action: Adopted Resolution No. 65,130–N.S.

9. Designating City's Labor Negotiators Under Govt. Code Section 54957.6 From: City Manager Recommendation: Rescind Resolution No. 63,978-N.S. and adopt three separate Resolutions: 1 Establishing the standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with the Berkeley Police Association.

2. Establishing the standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227.

3. Establishing the standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with the Service Employees International Union Local 1021 Maintenance and Clerical Chapters, Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association Chapters, Public Employees Union Local 1, International Brotherhood of Electrical Workers Local 1245 and Unrepresented Employees in Representation Units Z1, Z2, Z3 and Z4. Financial Implications: None Contact: David Hodgkins, Human Resources, 981-6800 Action: Adopted Resolution No. 65,131–N.S.; Resolution No. 65,132–N.S.; and Resolution No. 65,133–N.S.

Consent Calendar


10. Contract No. 8216 Amendment: VeriPic Inc. for Digital Evidence Management System From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8216 with VeriPic Inc. for software license/maintenance of the Police Department's digital evidence management system, increasing the amount by $29,102, for a total not to exceed amount of $74,849 for the period December 21, 2009 to November 30, 2013. Financial Implications: See report Contact: Donna LaSala, Information Technology, 981-6500 Action: Adopted Resolution No. 65,134–N.S.

11. Contract: Citation Management, a Division of Duncan Solutions for Handheld Parking Citation Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract for a total amount not to exceed $200,000 with Citation Management, a Division of Duncan Solutions for processing of parking citations through October 31, 2011. Financial Implications: Parking Fund - $200,000 Contact: Michael Meehan, Police, 981-5900 Action: Adopted Resolution No. 65,135–N.S.

12. Contract 8417 Amendment: SloanVazquez LLC for an Assessment of the Solid Waste & Recycling Management Division From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8417 with SloanVazquez LLC for an assessment of the Solid Waste and Recycling Division, increasing the contract by $10,000 for a revised amount not to exceed $84,500, and extending the contract term through April 1, 2011. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300 Action: Adopted Resolution No. 65,136–N.S.

13. Contract No. 8269 Amendment: Precision Engineering Inc. for Sanitary Sewer Project at Murray Street and Folger Avenue From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8269 with Precision Engineering Inc. for sanitary sewer rehabilitation on Murray Street and Folger Avenue, increasing the amount by $250,000 for a total amount not to exceed $1,184,063. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300 Action: Adopted Resolution No. 65,137–N.S.

Consent Calendar


14. Contract: Redgwick Construction Co. for the Ninth Street Bicycle Boulevard Extension Project From: City Manager Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the 9th Street Bicycle Boulevard Extension Project, Specification No. 10-10482-C. 2. Rejecting the bid protest by Ray’s Electric, the fourth lowest bidder. 3. Accepting the bid of the lowest responsive responsible bidder, Redgwick Construction Co. 4. 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 specifications, in an amount not to exceed $559,130 for the period of 120 calendar days from the date of the execution of the contract. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300 Action: Adopted Resolution No. 65,138–N.S.


15. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Berkeley Holiday Fund From: Councilmember Maio Recommendation: Adopt a Resolution to approve the expenditure of up to $100 to the Berkeley Holiday Fund with funds relinquished to the City’s general fund for providing services and making the holiday season happier for nearly 900 of Berkeley’s neediest individuals and families by partnering with 24 local service organizations such as the Berkeley Health Department, BOSS, Head Start, Senior Centers, Berkeley Youth Alternatives, and the Salvation Army from Councilmember Maio’s discretionary Council Office Budget. Financial Implications: Councilmember's Discretionary Fund - $100 Contact: Linda Maio, Councilmember, District 1, 981-7110 Action: Adopted Resolution No. 65,139–N.S.

16. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Ashkenaz From: Councilmember Maio Recommendation: Adopt a Resolution approving the expenditure of up to $100 to Ashkenaz with funds relinquished to the City’s general fund for enriching Berkeley’s music and dance programs for people of all ages, cultures and lifestyles, presenting nightly live music, dance, and movement classes, workshops, programs for children, and benefit shows from Councilmember Maio’s discretionary Council Office Budget. Financial Implications: Councilmember's Discretionary Funds - $100 Contact: Linda Maio, Councilmember, District 1, 981-7110 Action: Adopted Resolution No. 65,140–N.S.



17. Harriet Tubman Terrace Resident Tenant Council - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds From: Councilmember Anderson Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the Harriet Tubman Terrace Resident Tenant Council with funds relinquished to the City’s general fund purchase food and supplies for its Annual Christmas Celebration on December 18, 2010 from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute. Financial Implications: Councilmember's Discretionary Funds - $250 Contact: Max Anderson, Councilmember, District 3, 981-7130 Action: Adopted Resolution No. 65,141–N.S.

18. Referral to Planning Commission: Telegraph Business Improvement District Letter on Glassblowing Businesses From: Councilmember Worthington Recommendation: Refer to the Planning Commission a letter sent by the Telegraph Business Improvement District on glassblowing businesses in the Telegraph area. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Approved recommendation.

19. Referral to City Manager: Consideration of Additional Taxi Stand Locations and Report on ‘Parking-Gate’ From: Councilmember Worthington Recommendation: Refer to the City Manager the consideration of additional taxi stand locations within the City of Berkeley, and resolve the issue of Parking-gate via report. Financial Implications: Unknown Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Approved recommendation.


20. ZAB Appeal: 1668 Capistrano Avenue From: City Manager Recommendation: Adopt a Resolution denying the appeal and upholding the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 10-20000057 to construct a 922 sq. ft., second-story addition, thereby increasing the average height of the building from 17'2'' in average height to 26'9'' in average height. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400

b. Communications 1. Leslie Clark and Belo Elisan 2. Larry Brickell 3. Vincent James 4. Lilah Kendall and Kent Kendall 5. Ted Duffield and Melissa Miller 6. Mark and Karen Tompkins



Action: M/S/C (Maio/Moore) to adopt Resolution No. 65,142–N.S. denying the appeal and upholding the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 10-20000057 to construct a 922 sq. ft., second-story addition, thereby increasing the average height of the building from 17’2” in average height to 26’9” in average height. Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes: None.

21. ZAB Appeal: 1170 The Alameda From: City Manager Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000028 to construct an addition to the North Branch of the Berkeley Public Library (1170 The Alameda). Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400 Action: Appeal withdrawn by City Manager.

22. ZAB Appeal: 2940 Benvenue Avenue From: City Manager Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 10-10000027 to construct an addition to the Claremont Branch of the Berkeley Public Library (2940 Benvenue Avenue). Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400

b. Communications (North branch and Claremont branch libraries)

1. Debra Farb 2. Elizabeth Jordan (2) 3. Howard Pollick and Linda Strean 4. Julie Nachtwey 5. Kristin Seeman 6. Sayre Van Young 7. Amrita Singhal and Michael

Tubach 8. Michael Fajans and Merle Fajans 9. Michael Clark 10. Sophia D. Skoda 11. Anita C. Eblé 12. Sharon Rudnick 13. Sarah Rosenbach 14. Amy Roth 15. Judy Gonzalez-Massih 16. Melissa Mytinger 17. Kate McGlashan 18. Ednah Beth Friedman 19. Jerry Long 20. JoAnn Richert Lorber

21. Fredrica Drotos 22. Trina Ostrander 23. Cy H. Silver 24. Molly Gales 25. Ann Lynn 26. Nora Isaacs 27. Mansour Id-Deen 28. Carole Leita 29. Kate Berenson 30. Joan Alexander 31. Rosemary Hardy 32. Paci Hammond 33. Penny Brogden 34. Wendy Bloom 35. Gibor Basri 36. Carol Chihara 37. Betsy Bigelow-Teller 38. Diane Davenport 39. Suzanne Calpestri 40. Linda Schacht and John Gage (2) 41. Liz Hoadley

Action Calendar – Appeals


42. Sloane Morgan 43. Foster Goldstrom 44. Catherine Lazio 45. Cathy Brown 46. Edith Jackson 47. Bradley Wiedmaier 48. Michael and Judith Lara 49. Gustave Carlson 50. Edward Lammer 51. Christina Kossa 52. Joan Lamphier-Gregory 53. Scott Tolmie 54. Peter Montgomery 55. Nana Kirk 56. Tim Culvahouse 57. Chuck and Martha Cornwall 58. David and Beth Trachtenberg 59. Alice Prussin 60. Letitia Brewster

61. Richard Whitlock 62. Naomi Stamper 63. Joan Haefele 64. Julie Laws 65. Alta Tingle 66. Elizabeth Watson 67. Muffy Kibbey 68. Claire Broome 69. Peter Warfield 70. Marguerite Lee 71. Judith Bloom 72. Grace Chinn 73. Caitlin Lempres Brostrom 74. Lisel Schwarzenbach 75. Andrea Foley 76. Debbie LeVeen 77. Vicki Bullman 78. Charles Kahn 79. Donna Rabin

Action: Appeal withdrawn by City Manager.


23. City of Berkeley Responsible Banking Policy a. From: Human Welfare and Community Action Commission Recommendation: Direct the City Manager to review the impact of enacting a banking policy that gives preference for City banking, depository and investment relationships to banks and other institutions that meet a set of community reinvestment goals such as loans to local homeowners and businesses, the establishment of local branches in low income communities, and local employment opportunities. Financial Implications: See report Contact: Leah Talley, Commission Secretary, 981-5400

b. From: City Manager Recommendation: Continue banking with current partner and direct limited staff resources to pursue a dialogue with Wells Fargo Bank about community needs to ensure that Wells Fargo includes Berkeley in its economic recovery agenda. Financial Implications: None Contact: Jane Micallef, Housing, 981-5400 Action: 1 speaker. M/S/C (Worthington/Capitelli) to

1. Continue banking with current partner and direct limited staff resources to pursue a dialogue with Wells Fargo Bank about community needs to ensure that Wells Fargo includes Berkeley in its economic recovery agenda

2. Encourage staff to consult with the Human Welfare and Community Action Commission during the next request for proposal (RFP) process.

3. City Manager to return to Council with information regarding RFP process.



Vote: Ayes: Maio, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Noes: Anderson. Abstain: Moore.

24. Authorization to Sign Downtown PBID Petition and Ballot on Behalf of the City and Contingent Funding for Program Based on Increased Downtown Parking Meter Rates From: City Manager Recommendation: Adopt a Resolution: 1. Authorizing the City Manager to approve and sign the “Preliminary Petition to Form the Downtown Berkeley Property-Based Business Improvement District” document on behalf of City-owned properties in the proposed Downtown PBID area; and

2. In the event the petition is successful in triggering a ballot process to establish a Downtown PBID, authorizing the City Manager to vote YES on any ballots on behalf of City-owned properties in the proposed Downtown PBID area; and

3. Request that the City Manager come back with an Ordinance to increase Downtown parking meter rates by 25 cents per hour to fund this program. This Ordinance would be contingent on successful establishment of the Downtown PBID and would take effect the date that the PBID officially commences. Financial Implications: See report Contact: Michael Caplan, Economic Development, 981-7530

Action: 0 speakers.

1 M/S/C (Wozniak/Moore) to adopt Resolution No. 65,143–N.S.:

Authorizing the City Manager to approve and sign the “Preliminary Petition to Form the Downtown Berkeley Property-Based Business Improvement District” document on behalf of City-owned properties in the proposed Downtown PBID area; and Requesting that the City Manager review the possibility of an Ordinance to increase Downtown parking meter rates by 25 cents per hour to or other options fund this program. The Ordinance would be contingent on successful establishment of the Downtown PBID and would take effect the date that the PBID officially commences.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes: None.

2 M/S/C (Wozniak/Moore) to adopt Resolution No. 65,144–N.S.:

Authorizing the City Manager to vote YES on any ballots on behalf of City-owned properties in the proposed Downtown PBID area in the event the petition is successful in triggering a ballot process to establish a Downtown PBID.

Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates. Noes: Arreguin, Worthington.

25. Response to Peace and Justice Commission report entitled "Opposition to Secure Communities" From: City Manager Recommendation: 1. Do not adopt the proposed Resolution by the Peace and Justice Commission (“PJC”) regarding the federal government’s “Secure Communities” program, and



2. If Council would like to voice opposition to the Secure Communities program, direct the City Clerk to send a letter requesting the Governor-elect and the state Attorney General-elect to either:

a. Stop the state Department of Justice (“DOJ”) from sharing arrestee fingerprint data with federal law enforcement agencies for the purpose of deporting illegal immigrants arrested for minor crimes; or

b. Have California opt out of the Secure Communities program altogether. Financial Implications: None Contact: Michael Meehan, Police, 981-5700

Action: 4 speakers. M/S/C (Worthington/Arreguin) to refer the item to the Agenda Committee and direct the City Clerk to send a letter requesting the Governor and the state Attorney General to either:

a. Stop the state Department of Justice (“DOJ”) from sharing arrestee fingerprint data with federal law enforcement agencies for the purpose of deporting illegal immigrants arrested for minor crimes; or

b. Have California opt out of the Secure Communities program altogether.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes: None.

26. Support and Free Pfc. Bradley Manning and Proclaim Him a Hero From: Peace and Justice Commission Recommendation: Adopt a Resolution to support and free Pfc. Bradley Manning and proclaim him a hero. Financial Implications: None Contact: Eric Brenman, Commission Secretary, 981-5114

Action: 19 speakers. M/S/C (Maio/Capitelli) to table the motion.

Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates. Abstain: Anderson.

Action Calendar – Council Items

27. Urging Pacifica to Reinstate KPFA’s Morning Show From: Councilmember Moore Recommendation: Adopt a Resolution calling for Pacifica to reinstate KPFA’s Morning Show and send a letter to Arlene Engelhardt, Pacifica’s Executive Director, and Pacifica’s National Board. Financial Implications: Unknown Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action: 34 speakers. No action taken.

28. Disclosure of Cell Phone Radiation Output From: Councilmembers Anderson, Capitelli, Wengraf and Wozniak Recommendation: 1. Direct the City Manager to draft an ordinance (modeled after the San Francisco ordinance) requiring SAR disclosure for all cell phones available for sale or lease in the City of Berkeley and present to council for adoption within 60 days hereof.

Action Calendar – Council Items


2. Adopt a Resolution to refer to the Community Health Commission, the Community Environmental Advisory Commission, and the Youth Commission a request for information to recommend additional actions to be taken to insure the public’s right to know and enhance the public’s ability to make informed decisions regarding cell phone use. Financial Implications: None Contact: Max Anderson, Councilmember, District 3, 981-7130

Action: Moved to Consent Calendar. Approved Councilmembers Anderson, Capitelli, Wengraf and Wozniak’s revised recommendation to:

1. Direct the City Manager to draft an ordinance (modeled after the San Francisco ordinance) requiring SAR disclosure for all cell phones available for sale or lease in the City of Berkeley and present to council for adoption within 120 days hereof. 2. Adopt Resolution No. 65,145–N.S. to refer to the Community Health Commission, the Community Environmental Advisory Commission, and the Youth Commission a request for information to recommend additional actions to be taken to insure the public’s right to know and enhance the public’s ability to make informed decisions regarding cell phone use.

Information Reports

29. Impacts of Establishing a Citywide Parking Holiday on December 18 and 24 From: City Manager Contact: Phil Kamlarz, City Manager, 981-7000 Action: Received and filed.

30. Report on Meeting Regarding Aggressive Deer From: Councilmembers Capitelli and Wengraf Contact: Laurie Capitelli, Councilmember District 5, 981-7150 Action: Received and filed.

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

Adjourned at: 11:27p.m.

This is to certify that the foregoing is a true and correct copy of the minutes of the regular meeting of December 14, 2010 as approved by the Berkeley City Council. _______________________________ Deanna Despain, CMC, City Clerk


Communications

Item 27: Urging Pacifica to Reinstate KPFA’s Morning Show 1. Virginia Browning 2. Daniel Borgstrom 3. Linda Maio, District 1 4. Steve Gilmartin

Berkeley Downtown Area Plan 5. Kent Lewandowski, Sierra Club, Northern Alameda County Group – Referred to the

City Manager by Councilmember Wengraf. 6. Anthony Bruzzone, Berkeley Design Advocates

Pedestrian Safety 7. Emily Marthinsen, University of California, Berkeley– Referred to the City Manager

by Councilmember Wengraf.


Item 21 & 22: ZAB Appeal: 1170 The Alameda and ZAB Appeal: 2940 Benvenue Avenue 8. Gene Bernardi

Item 26: Support and Free Pfc. Bradley Manning and Proclaim Him a Hero Voluminous correspondence on file and available for viewing in the City Clerk’s

Office

Item 27: Urging Pacifica to Reinstate KPFA’s Morning Show Voluminous correspondence on file and available for viewing in the City Clerk’s

Office

Item 28: Disclosure of Cell Phone Radiation Output 9. Soula Culver


Item 25: Response to Peace and Justice Commission report entitled "Opposition to Secure Communities" 10. Unknown

Item 26: Support and Free Pfc. Bradley Manning and Proclaim Him a Hero 11. Mayor’s Office 12. Tim Vichkon 13. Roger Hardesty 14. Roger Jones 15. Mark Poole 16. Charlie Griffin 17. Donald Gamble 18. John Uebersax 19. Justin Leeper



20. Sean Tachco 21. C. Ryan Shannon 22. Dirk Leu 23. Unknown (CD available on file in the City Clerk’s Office)

Item 27: Urging Pacifica to Reinstate KPFA’s Morning Show 24. Unknown 25. Sarah Rachel 26. Joanna Graham 27. Sally Sommer 28. Lois Yuen

Item 28: Disclosure of Cell Phone Radiation Output 29. K. Dane Snowden

minutes for approval - city of berkeley

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