Regular Meeting Annotated Agenda
October 21, 2008

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ANNOTATED AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, October 21, 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 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – vacant

District 8 – Gordon Wozniak

 

Preliminary Matters

Roll Call:  7:01 p.m.  Absent: Anderson and Moore.  Moore present at 7:45 p.m.

Ceremonial Matters:

  1. Luther Otto Secrease

City Manager Comments:

  1. South Berkeley YMCA meeting on October 25, 2008 is cancelled.
  2. Free Flu Shots available on Tuesday, October 28 at Berkeley Adult School, 1701 San Pablo Ave.

Public Comment on Non-Agenda Matters: 1 

Public Comment on Consent Calendar and Information Items Only: 1

Consent Calendar

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

1. Amendment to Trespassing Ordinance, BMC 13.52.020 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Section 13.52.020 of the Berkeley Municipal Code regulating trespassing.
Financial Implications: None
Contact: Zach Cowan, City Attorney’s Office, 981-6950
Action:  Adopted first reading of Ordinance No. 7,064–N.S.  Second reading scheduled for October 28, 2008.  Vote: Ayes – Maio, Capitelli, Olds, Worthington, Wozniak, Bates; Absent – Anderson, Moore.

2. Adopt Revised Conflict of Interest Code (PDF)
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 63,843–N.S. and adopting a revised Conflict of Interest Code for the City of Berkeley.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Adopted Resolution No. 64,221–N.S.  Absent – Anderson, Moore.

3. 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: General Fund - $100,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

4. Contract: Implement the Management District Plan for North Shattuck Business Improvement District (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan and approve the Work Plan for the North Shattuck Business Improvement District (BID) in an amount not to exceed $330,465 for FY 2009.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530}
Action:  Adopted Resolution No. 64,222–N.S.  Absent – Anderson, Moore.

5. Winter Homeless Shelter Programs (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Memorandum of Understanding with the City of Oakland, Department of Human Services in an amount not to exceed $61,000 for operation of the Winter Shelter Program at the Oakland Army Base.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,223–N.S.  Absent – Anderson, Moore.

6. Memorandum of Understanding: International Brotherhood of Electrical Workers Local 1245 (PDF) 
From: City Manager
Recommendation: Adopt two Resolutions:  1) approving a new four-year Memorandum of Understanding with the International Brotherhood of Electrical Workers Local 1245 (hereinafter referred to as the "Union") with a term of June 29, 2008 through June 23, 2012, authorizing the City Manager to execute and implement the new labor agreement that includes certain adjustments to salaries and benefits retroactive to June 29, 2008 or other dates as set forth in the contract; and 2) approving a new salary resolution for Representation Unit C that implement the new salary levels negotiated in the new labor agreement, and rescinding Resolution No. 61,810–N.S.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,224–N.S. and Resolution No. 64,225–N.S.  Absent – Anderson, Moore.

7. Donation: Shorebird Park Nature Center (PDF) 
From: City Manager
Recommendation: Adopt a Resolution accepting an anonymous donation to the Shorebird Park Nature Center in the amount of $5,000.
Financial Implications: Marina Operations/Maintenance Fund - $5,000 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,226–N.S. Absent – Anderson, Moore.

8. Donation: Scholarships for Berkeley Echo Lake Camp (PDF) 
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation from the Berkeley Echo Lake Camp Association (BELCA) in the amount of $1,964.
Financial Implications: Playground Camp Fund - $1,964 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,227–N.S.  Absent – Anderson, Moore.

9. Funding Agreement: East Bay Regional Park District – Construction of Wetland as Required by Gilman Project Permits (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a funding agreement with the East Bay Regional Park District in an amount not to exceed $100,000 to construct a wetland at the Berkeley Meadow as required by the permits for the Gilman Sports Fields Project.
Financial Implications: General Fund - $100,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,228–N.S.  Absent – Anderson, Moore.

10. Extra Meeting of the Berkeley Energy Commission (PDF) 
From: City Manager
Recommendation Approve an eleventh meeting of the Berkeley Energy Commission in 2008.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Approved recommendation.

11. Contracts: Environmental and Planning Services (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to approve six contracts and any amendments with Colette Meunier; Piedmont Planning Consultants; Environmental Science Associates; Leanne Taagepera Environmental Consultants; Design, Community, & Environment; and Baseline Environmental Consulting for planning and environmental review services in an amount not to exceed $250,000 each with a contract period of three years; and increasing the amount that the City Manager can approve for City departmental use of these contracts from $10,000 to $50,000.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,229–N.S.  Absent – Anderson, Moore.

12. Contracts: On-Call Transportation Planning Services (PDF) 
From: City Manager
Recommendation: Adopt Resolutions authorizing the City Manager to execute contracts and any amendments for on-call transportation planning services in a combined amount not to exceed $195,000 for the period October 28, 2008 through December 31, 2010.
Financial Implications: Various Funds - $195,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,230–N.S., Resolution No. 64,231–N.S., Resolution No. 64,232–N.S. and Resolution No. 64,233–N. S.  Absent – Anderson, Moore.

13. Final Map of Tract 7963: 1331 Seventh Street (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7963, a nine-unit commercial condominium located at 1331 Seventh Street.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,234–N.S.  Absent – Anderson, Moore.

Council Consent Items

14. Referral to CEAC Regarding Helium Balloons (PDF) 
From: Councilmembers Olds and Capitelli
Recommendation: Refer to the Citizen's Environmental Advisory Commission for study, the issue of the impact of helium balloons on wildlife and our environment and request that the CEAC return to Council with a recommendation for a process to educate the public and possibly limit sales of helium balloons in Berkeley.
Financial Implications: None
Contact: Betty Olds, Councilmember, District 6, 981-7160; Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Approved recommendation.

15. 7th Annual World Day of Cities Against the Death Penalty (PDF)
From: Councilmember Worthington
Recommendation: Support and participate in the 7th Annual World Day of Cities Against the Death Penalty, and writes a letter to the Alameda County District Attorney urging him to stop pursuing the death penalty.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.  Vote: Ayes – Maio, Capitelli, Olds, Worthington, Bates; Present – Wozniak; Absent – Anderson. 

16. 13th Annual Watershed Environmental Poetry Festival (PDF) 
From: Councilmember Worthington
Recommendation: Support the 13th annual Watershed Environmental Poetry Festival use of Martin Luther King, Jr. Civic Center Park, Saturday, November 1, 2008 and authorizes City Staff to provide assistance in hanging a stage banner above the Peace Wall.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

Action Calendar – New Business

17. Presentation: Quarterly Economic Development Including Youth and Jobs (PDF)
From: City Manager
Recommendation: Presentation by staff, public comment and discussion by Council.
Financial Implications: See presentation.
Contact:  Michael Caplan, Office of Economic Development, 981-7000
Action: Presentation made and discussion held.

18. Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.) (PDF) 
PowerPoint Presentation
From: City Manager
Recommendation: Adopt first reading of an Ordinance to amend Berkeley’s Condominium Conversion Ordinance (CCO; BMC Chapter 21.28, et seq.) affordable housing mitigation fee policies.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Discussion held.  Continued to January 27, 2008.

19. City Council Rules of Procedure and Order (PDF)
From: City Manager
Recommendation: Adopt a Resolution amending the Council Rules of Procedure and Order.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action: M/S/C (Maio/Moore) to adopt Resolution No. 64,235–N.S. as amended to include the following:

Section II.D. The chair will determine the order in which the item(s) will be heard with the consent of Council.

Section II.F  A recess period is defined as a period of time longer than 21 days without a regular or special meeting of the Council.

Section III.E  Action items may be reordered at the discretion of the Chair with the consent of Council.

Vote:  Ayes – Maio, Moore, Capitelli, Olds, Worthington, Wozniak, Bates; Absent – Anderson.

20. Sustainable Energy Financing District Sale of Bonds and Execution of Fiscal Agent Agreement (PDF) 
From: City Manager
Recommendation: Adopt a Resolution:

1 Authorizing the issuance and sale of $1.5 million of special tax bonds for the Sustainable Energy Financing District, making certain findings and approving and authorizing related documents and actions including,

2      Authorizing the City Manager to execute a contract, in substantially the form as attached to this report, with the Bank of New York Mellon Trust Company, N.A. to provide for the disbursement of bond proceeds, the disposition of special taxes and the administration and payment of the bonds for the Sustainable Energy Financing District.

Financial Implications:  See report
Contact: Christine Daniel, City Manager’s Office, 981-7000
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,236–N.S.  Absent – Anderson, Moore.

Information Reports

21. Audit Update: Taxi Scrip Cash Count Audit (PDF) 
From: City Manager
Contact: Lisa Caronna, City Manager’s Office, 981-7000
Action:  Received and filed.

22. Parks Recreation & Waterfront - Cash Receipts/Cash Handling Audit (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 1

Adjourned at 10:24 p.m.

Communications

BART / Caltrain Merger
1.      Robert Allen

Parking Meter Tops
2.      Diana Lebeck – Referred to City Manager by Councilmember Maio.

Bevatron Deconstruction
3.      Mark Chekal-Bain, Lawrence Berkeley National Laboratory (CD on file in the City Clerk’s Office)

Honda Port Project
4.      Fred Arm

Measure JJ
5.      David Mateer

Supplemental Communications and Reports 1

Item 18: Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.)
6.      Jay Kelekian, Rent Stabilization Board

Supplemental Communications and Reports 2

Item 17: Presentation: Quarterly Economic Development Including Youth and Jobs

  • Presentation, submitted by the Office of Economic Development (see agenda item)

7.      Barbara Gilbert

Item 18: Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.)

  • Presentation, submitted by the Housing Department (see agenda item)

8.      Matthew O’Brien