Regular Meeting Annotated Agenda
December 16
, 2008

Printer-friendly PDF* annotated agenda 

 

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 ANNOTATED 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


 

Preliminary Matters

Roll Call: 7:02 p.m.  Absent: Councilmember Arreguin.

Ceremonial Matters: 

  1. David and Suki An
  2. Shawl Anderson Dance Center

City Manager Comments:

  • Holiday Closure – December 24, 2008-January 1, 2009. 
  • All winter shelters are open due to severe weather. 

Public Comment on Non-Agenda Matters: 3

Public Comment on Consent Calendar and Information Items Only: 4

Consent Calendar

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

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
Action:  Adopted Resolution No. 64,291–N.S. as amended to indicate that Dr. Washburn is appointed to the Board of Trustees of the Alameda County Mosquito Abatement District for a two-year term commencing on January 2, 2009 and ending on January 1, 2011.  Absent – Arreguin.

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
Action: 
Adopted Resolution No. 64,292–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,293–N.S.  Absent – Arreguin.

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
Action:  Approved recommendation.  Absent – Arreguin.

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: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,294–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,295–N.S. Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,296–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,297–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,298–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,299–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,300–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,301–N.S.  Absent – Arreguin.

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
Action:  Moved to Action Calendar. M/S/C (Moore/Capitelli) to adopt Resolution No. 64,302–N.S.  Vote:  Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates ; Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,303–N.S.  Absent – Arreguin.

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**
Action:  Approved recommendation.

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
Action:  Moved to Action Calendar.  M/S/C (Moore/Worthington) to adopt Resolution No. 64,304–N.S. as amended to revise the total amount not to exceed $350,000.  Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates ; Absent – Arreguin.

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
Action:  Moved to Action Calendar.  M/S/C (Moore/Worthington) to adopt Resolution No.64,305–N.S.  Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates;; Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,306–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,307–N.S.  Absent – Arreguin.

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
Action:  Adopted Resolution No. 64,308–N.S.  Absent – Arreguin.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,309–N.S.  Absent – Arreguin.

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
Action:  Moved to Action Calendar M/S/C (Wozniak/Moore) to adopt Resolution No. 64,310–N.S. as amended to read as follows:

NOW THEREFORE BE IT RESOLVED that the Berkeley City Council calls upon Congress to exercise its oversight in the area of war policies, taking under consideration the immediate withdrawal of our Troops in Iraq and Afghanistan in which these wars have created unhealthy mental environments for our Troops in the field and veterans at home. 

Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Absent-Arreguin.

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:  Approved recommendation.
Vote: Ayes – Maio, Moore, Anderson, Worthington, Bates; Abstain – Capitelli, Wengraf, Wozniak; Absent – Arreguin.

Action Calendar – Appeals

24. ZAB Appeal: 2516 Ellsworth (Continued from November 18, 2008) (PDF)
Administrative Record (PDF)
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

Action: M/S/C (Anderson/Wozniak) to set for a public hearing  Date to be determined by staff.
Vote: Ayes –Maio, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates; Abstain – Moore; Absent – Arreguin.

Recess – 8:55 p.m. to 9:10 p.m.

25. ZAB Appeal: 1725 University Avenue (Continued from December 8, 2008) (PDF) 
Administrative Record (PDF)
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: No action taken.  Continued to January 13, 2009.

Action Calendar – Public Hearing

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 No. 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

Public Testimony: The Mayor opened the public hearing. 9 speakers.  M/S/C (Wengraf/Capitelli) to close the public hearing.
Action: No action taken.  Continued to January 13, 2009.

Action Calendar – Old Business

27. Joint Workshop with Berkeley and Oakland City Councils on Community Choice Energy (Continued from December 8, 2008) (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
Action: No action taken.  Continued to January 13, 2009.

Information Reports

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

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

30. Police Raid on the Long Haul (PDF)
From: Peace and Justice Commission
Contact: Commission Secretary
Action:  Received and filed.

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

32. Status Report: Development of City Preferred Alternative for BRT (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed as amended to read as follows:

Bus Rapid Transit is a form of transit, which may include buses that run in a dedicated lane on city streets, stopping at special stations built specifically for BRT.

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

Public Comment – Including Items Not Listed on the Agenda – 2

Adjourned at 10:46 p.m. in honor of Miya Rodolfo-Sioson.

Communications (PDF)

Boatyard Issue
1.  Miriam Martin – Referred to City Manager by Councilmembers Maio and Moore.

Supplemental Communications and Reports 1 (PDF)

Item 14: Undergrounding of Utilities for Ashby Avenue/Tunnel Road
2.  Dean Metzger, Claremont Elmwood Neighborhood Association

Item 25: ZAB Appeal: 1725 University Avenue
3.  Anne Burns, Design Review

Voting Disqualification
4.  Zach Cowan, City Attorney

Sprint Telephony v. County of San Diego
5.  Zach Cowan, City Attorney

Supplemental Communications and Reports 2 (PDF)

Item 16: Contract No. 7743 Amendment:  Project Management for Pools Master Plan
6.  Lisa Caronna, City Manager’s Office

Item 24: ZAB Appeal: 2516 Ellsworth
7.  Bob Viener

Item 25: ZAB Appeal: 1725 University Avenue
8.  Unknown

Item 26: ZAB Appeal: 1540 Shattuck Avenue
9.  Michael Barglow, BNAFU

Bay Area Outreach & Recreation Program
10.  Unknown

Cybertran
11.  Unknown