Regular Meeting eAgenda
December 16
, 2008

Printer-friendly PDF* agenda 

 

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

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 16, 2008

7:00 p.m.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jessie 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, Acting City Clerk, 981-6900

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


Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

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

1.   Re-Appointment of Dr. Jan Washburn to the Alameda County Mosquito Abatement District Bd. of Trustees (PDF)
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, 2009 and ending on January 1, 2011.
Financial Implications:  None
Contact:  Deanna Despain, City Clerk Department, 981-6900

2.   Open Circle Foundation $100,000 Grant for the City of Berkeley Public Art Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution accepting a $100,000 grant from the Open Circle Foundation to the City of Berkeley Public Art Program to create an environmentally related work of art at the Berkeley Marina to be located at the pedestrian overlook site at the far northeastern corner of Cesar Chavez Memorial Park.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

3.   Contract Amendment: Berkeley Convention and Visitor's Bureau (PDF)
From: City Manager 
Recommendation: Adopt a Resolution authorizing an amendment to the current contract Contract No. 7784 with the Berkeley Convention and Visitor’s Bureau adding funds for activities related to their marketing efforts, particularly their new Berkeley Brand Campaign and their Community Marketing Program.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

4.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
Approve the attached new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.
Financial Implications: Various Funds - $2,015,181
Contact: Robert Hicks, Finance, 981-7300

5.   Contract Amendment: Berkeley Food & Housing Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7050 with the Berkeley Food & Housing Project for operating costs for the Russell Street Residence supportive housing facility and third party flexible client assistance spending administration to increase the amount by $87,500 for a total contract amount not to exceed $300,000.
Financial Implications: See report
Contact: Lisa Caronna, City Manager’s Office, 981-7000

6.   Amendment of Senior and Disabled Rehabilitation Loan Program Guidelines (PDF)
From: City Manager
Recommendation:
Amend the guidelines for the Senior and Disabled Rehabilitation Program to allow waivers of loan amounts or income limits in cases where hardship on the part of the applicant can be demonstrated.
Financial Implications: None
Contact: Jane Micallef, Housing, 981-5400

7.   Side Letter of Agreement: SEIU Local 1021 Maintenance and Clerical Chapters (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 1021 Maintenance and Clerical Chapters to modify Sections 15.7, 21.7 and 14.6 of the Memorandum Agreement to correct several language issues in the new labor contract.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

8.   Side Letter of Agreement: SEIU Local 1021 Regarding Former City of Berkeley Housing Authority Employees (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to authorize the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 1021 on terms and conditions of employment of former City of Berkeley employees who attained career status with the City, are represented by the Union and who are currently employed by the Berkeley Housing Authority.  The Side Letter also includes a provision to maintain the salary and benefits in effect on July 1, 2007 of one employee of the City of Berkeley formerly employed at the Berkeley Housing Authority until such time as the salary of the lower classification the employee was flexibly placed in reaches the salary of the former City of Berkeley Housing Authority classification.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800

9.   Approval of Waiver to Contract Requirement of BMC 12.90.070 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution waiving the contract requirements of the Nuclear Free Berkeley Act pursuant to Resolution 60,840–N.S. and Chapter 12.90.070 of the Berkeley Municipal Code, in order to contract with the University of California Berkeley, Renewable and Appropriate Energy Lab (RAEL) for services to the Berkeley FIRST program.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

10.  Building Permit Fees: Adding a State-Mandated Fee for Preparation of California Codes (PDF)
From: City Manager
Recommendation: Adopt a Resolution:
Approving the implementation of Senate Bill 1473 to collect a fee from any applicant for a building permit, assessed at the rate of $4 per  $100,000 in valuation, with appropriate fractions thereof, but not less than $1; retain 10% of the fee collected; and, transmit remainder to the Building Standards Commission, and - Adding the fee into the current fee schedule for development-related services provided by the Planning and Development Department, as established under Resolution No. 64,077–N.S.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

11.  Contract: ThyssenKrupp Elevator for Citywide Elevator and Lift Maintenance (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with ThyssenKrupp Elevator for Citywide elevator and lift maintenance and repair in an amount not to exceed $200,000 for the period January 1, 2009 to December 31, 2011 with two one-year extension options.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

11a. Purchase Order: Acquisition of Four Fire Engines and Four Fire Trucks (PDF)
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to issue a Purchase Order with Pierce Manufacturing Inc. for the direct purchase of four fire engines and two fire trucks in the amount of $4,800,860 (including sales and use tax); and execute a “lease to purchase” financing agreement for the purchase of four fire engines and two fire trucks to Bank of America in an amount not to exceed $4,500,000 to be paid over 10 years at an interest rate of 4.38%, commencing before January 28, 2009.
Financial Implications: Equipment Replacement Fund-$4,800,860
Contact: Claudette Ford, Public Works, 981-6300

12.  Contract No. 2146D Amendment: Ecology Center for Curbside Recycling Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No.  2146D with the Ecology Center for residential curbside recycling collection, increasing the contract amount of $5,186,166 by $1,490,000 for a not to exceed amount of $6,676,166 and extending the contract term to July 1, 2006 to June 30, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

13.  Purchase Order No. 72853: Toter Incorporated for Refuse and Recycling Roll-Out Carts (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a change order to Purchase Order No. 72853 with Toter Incorporated for refuse and recycling roll-out carts, increasing the total from $100,000 to $145,044 for FY 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

14.  Undergrounding of Utilities for Ashby Avenue/Tunnel Road (PDF)
a. From: Public Works Commission
Recommendation:
The Public Works Commission recommends that the Council authorize the City Manager and Mayor/Council to work with Caltrans during the coming year on planning undergrounding in the entire Ashby Avenue-Tunnel Road corridor. This corridor would be within the first phase of the priorities established by Council in December 2000 and refined by the Commission in a November 27, 2007 item to Council, and it would not need any 20A funds allocated to the City of Berkeley.
Financial Implications: None
Contact: Jeffrey L. Egeberg, Secretary, Public Works Commission

b. **City Manager’s Recommendation Added to Commission Report**

15.  Contract No. 7203 Amendment: ELS Architecture & Urban Design - Citywide Pools Master Plan (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment with ELS Architecture and Urban Design (Contract No. 7203) to include design services for the Citywide Pools Master Plan, to increase the amount by $225,000 for a total amount not to exceed $375,000, and to extend the term through December 31, 2010.
Financial Implications: Capital Improvement Fund - $375,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

16.  Contract No. 7743 Amendment: Project Management for Pools Master Plan (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment with Tina Stott (Contract No. 7743) for project management of the Citywide Pools Task Force, to increase the amount by $35,000 for a total amount not to exceed $75,000.
Financial Implications: Capital Improvement Fund - $75,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

17.  Waiver of Annual Berth Fees for Three Non-Profits at the Berkeley Marina (PDF)
From: City Manager
Recommendation:
Adopt a Resolution affirming the determination by the Waterfront Commission and City staff that three non-profit organizations at the Berkeley Marina (Berkeley Racing Canoe Club, Cal Sailing Club and The Pegasus Project) are in full compliance with all aspects of Resolution No. 58,859-N.S.; and approving the annual waiver of berth fees for the three groups, covering calendar years 2007, 2008, and fiscal year 2009.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

18.  Waiver of Sixth Marina Berth Fee for the Cal Sailing Club (PDF)
From:  City Manager
Recommendation:
Adopt a Resolution affirming the determination by the Waterfront Commission and City staff that the Cal Sailing Club at the Berkeley Marina is in full compliance with all aspects of Resolution No. 58,859-N.S.; and approving the annual waiver of a sixth berth fee for the Cal Sailing Club, covering calendar year 2009.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

19.  Agreement: Community Energy Services Corporation (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole source agreement and any resultant amendments with the Community Energy Services Corporation for the period December 17, 2008 through February 28, 2010 in the amount of $75,000, for administration of the Smart Solar program, with future amendments not to exceed $173,000 contingent upon Council approving such future allocation of funds.
Financial Implications: Various funds - $173,000
Contact: Dan Marks, Planning and Development, 981-7400

20.  Reappointment to Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Approve the reappointment of Regina Simpkins to the Mental Health Commission, as a representative of the General Public Interest Category, for the completion of her three-year term ending January 30, 2010.
Financial Implications: None
Contact: Carol Patterson, Secretary, Mental Health Commission

Council Consent Items

21.  Support for Alameda County 2010 Campaign for Active Transportation (PDF)
From: Mayor Bates
Recommendation:
Adopt a Resolution in support of the Alameda County 2010 Campaign for Active Transportation to double federal funding for walking, biking and trails in the next federal transportation bill.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

22.  Support Of Suicide Prevention Among Active Duty Troops And Veterans (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution in support of urging federal, state, and local agencies to implement policies and practices to support mental health and suicide prevention among active duty troops and veterans.
Financial Implications: None
Contact: Kriss Worthington,  Councilmember, District 7, 981-7170

23.  Letter in Support of the Release of Ronald Dauphin (PDF)
From: Councilmember Worthington
Recommendation:
Adopt and send a letter to Haitian President René Préval in support of the immediate release and care of Mr. Ronald Dauphin.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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.  Each side shall be informed of this public comment procedure at the time the Clerk notifies the parties of the date the appeal will appear on the Council agenda.

24.  ZAB Appeal: 2516 Ellsworth (PDF) (Continued from November 18, 2008) 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Administrative Use Permit No. 06-20000087, to construct a 2,412 sq. ft. addition to an existing 903 sq. ft., one-story, two unit building, by expanding the footprint towards the rear yard and raising the existing house, thereby vertically extending a non-conforming front yard setback 5’ where 15’ is required, as well as establishing the one unenclosed parking space within a required side yard setback, and dismiss the appeal of this decision.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

    b.  Communications
         
1.  Bob Viener

25.  ZAB Appeal: 1725 University Avenue (PDF) (Continued from December 8, 2008)
From: City Manager
Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000020 for a new wireless telecommunications facility (with eight antennas and related equipment) for T-Mobile Wireless at 1725 University Avenue, and dismiss the appeal of this decision.
Financial Implications:  None
Contact:  Dan Marks, Planning and Development, 981-7400

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and 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.

26.  ZAB Appeal: 1540 Shattuck Avenue (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #03-10000048 for a new wireless telecommunications facility (with ten antennas and related equipment) for Verizon Wireless Communications at 1540 Shattuck Avenue, and dismiss the appeal of this decision.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.  Communication
    
1.  MacKenzie & Albritton

Action Calendar – Old Business

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.

27.  Joint Workshop with Berkeley and Oakland City Councils on Community Choice Energy (PDF) (Continued from December 8, 2008) 

Supplemental Material (PDF)

From: Councilmembers Worthington and Anderson
Recommendation: Approve participation in a joint workshop, in early 2009, on Community Choice Energy with the Oakland City Council.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Max Anderson, Councilmember, District 3, 981-7130

Information Reports

28.  Annual Commission Attendance and Meeting Frequency Report (PDF)
From: City Manager
Contact: Deanna Despain, City Clerk Department, 981-6900

29.  Investment Report for the Quarter Ended September 30, 2008 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

30.  Police Raid on the Long Haul (PDF)
From: Peace and Justice Commission
Contact: Eric Brenman, Commission Secretary, 981-5100

31.  **Moved to January 13, 2009 by City Manager**Downtown Historic Resources Survey (PDF) 

32.  Status Report: Development of City Preferred Alternative for BRT (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

33.  Audit of Public Works Construction Contracts - Status Report (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

Public Comment – Including Items Not Listed on the Agenda –

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via Internet accessible video stream at http://www.CityofBerkeley.info/video 
and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.CityofBerkeley.info/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.CityofBerkeley.info/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@CityofBerkeley.info

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 11, 2008 

Deanna Despain, Acting City Clerk


Communications (PDF) 

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Boatyard Issue
1.   Miriam Martin