Regular Meeting eAgenda
January 13
, 2009

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

Note: 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, January 13, 2009

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 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, 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.  Revised 2009 City Council Meeting Schedule (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution 64,180–N.S. to revise the 2009 City Council regular meeting schedule.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

2.  Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of November 18, 2008 (regular), December 8, 2008 (special and regular), December 15, 2008 (special closed) and December 16, 2008 (regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

3.  Donation: The Stephen and Mary Birch Foundation to the Animal Shelter (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving a donation to the Animal Shelter in the sum of $10,000 from the Stephen and Mary Birch Foundation.
Financial Implications: Donation - $10,000
Contact: Phil Kamlarz, City Manager's Office, 981-7000

4.  Downtown Berkeley Business Improvement District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the 2009 Annual Report of the Downtown Berkeley Business Improvement District (BID); declaring Council's intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2009; and directing the City Clerk to schedule a public hearing for January 27, 2009, to consider levying a renewed assessment for the year 2009.  (The Council adopted a Resolution for the same purpose on September 16, 2008, but due to staff error the public hearing required to renew the assessment was not held.  The current item reenacts the Resolution initiating the renewal and sets new date for the public hearing.)
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7000

5.  Amendment: FY 2009 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending the FY 2009 Annual Appropriations Ordinance No. 7,065–N.S. for fiscal year 2009 based upon recommended re-appropriation of committed FY 2008 funding and other adjustments authorized since July 1, 2008, in the amount of $67,958,771 (gross) and $65,575,554 (net) 
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000

6.  Formal Bid Solicitations and Request for Proposals (PDF)
From: City Manager
Recommendation: For informational purposes, approve the requests for proposals (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager threshold will return to Council for final approval.
Financial Implications: $4,641,300
Contact: Robert Hicks, Finance, 981-7300

7.  Contract Amendment: Berkeley Food and Housing Project to Support Eradication of Bed Bugs (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase Berkeley Food and Housing Project's (BFHP) contract No. 7709, CMS No.  BFGA2, by $51,055 to provide the agency with resources to eradicate bed bugs in the Men's Overnight Shelter for a total contract amount not to exceed $140,304.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

8.  Classification: Circulation Services Manager (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,250–N.S., Classification and Salary Resolution for Public Employees Union Local One, to revise the classification of Circulation Services Manager and increase the monthly salary range to $6,737 - $8,116 effective January 25, 2009.
Financial Implications: Library Fund- $4,732
Contact: David Hodgkins, Human Resources, 981-6800

9.  Health Plan Rate Increases (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions:
1)     Approving a 4.1% rate increase for the Kaiser Foundation Health Maintenance Organization (HMO) health plan for Active Employees, a 19.5% rate increase for Pre-Medicare Eligible Retirees, and a rate increase of 19.5% for Senior Advantage (Medicare Supplement) Retirees; and
2)     Approving a 12.15% rate increase for the Health Net HMO health plan for Active Employees, a 12.15% rate increase for Pre-Medicare Eligible Retirees, a 24.75% rate increase for Seniority Plus (Medicare Supplement) Retirees, a 12.15% change for the Health Net Point of Service (POS) for Active Employees and Pre-Medicare Eligible Retirees, and a 22.65% increase for Health Net POSPost-65Retirees effective January 1, 2009 through December 31, 2009, and
3)     Rescinding Resolution No. 63,935–N.S. and Resolution No. 63,936–N.S.
Financial Implications: Payroll Deduction Trust Fund - $610,000
Contact: David Hodgkins, Human Resources, 981-6800

10.  Final Map of Tract 7915: 1708 Martin Luther King Jr. Way (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7915, a seven (7) unit mixed-use condominium with five (5) residential units and two (2) commercial units, located at 1708 Martin Luther King Jr. Way.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

11.  Final Map of Tract 7770: 1035-1049 Virginia Street and 1688 San Pablo Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7915, a nine (9) unit mixed-use condominium with eight (8) residential units and one (1) commercial units, located at 1035-1049 Virginia Street and 1688 San Pablo Avenue.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

12.  City of Berkeley Membership in Green Cities California and the Local Government Sustainable Energy Coalition (PDF)
From: City Manager
Recommendation:
Adopt two Resolutions:
1.   Authorizing the City of Berkeley to become a member of Green Cities California.  2. Authorizing the City of Berkeley to become a member of the Sustainable Energy Coalition.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

13.  Grant: 2008-09 Office of Traffic Safety Sobriety Checkpoint Mini-Grant (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept the Sobriety Checkpoint Mini-Grant, Project Number SC09038, from the Traffic Safety Center (TSC) at the University of California, Berkeley in the amount of $23,278 to fund increased level  of sobriety checkpoint enforcement.
Financial Implications: Traffic Safety DUI Enforcement Education Program Fund - $23,278 (revenue)
Contact: Douglas N. Hambleton, Police, 981-5900

14.  Grant and Contract: 2008 Edward J. Byrne Memorial Justice Assistance Grant (JAG) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept $18,746 in Federal funds from the 2008 Edward J. Byrne Memorial Justice Assistance Grant (JAG) to be used for funding overtime costs associated with violence suppression patrols related to serious violent crimes for a period of approximately 24 months.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900

15.  Purchase Order: Remote Controlled Bomb Disposal Robot (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a Purchase Order with Remotec Inc. in an amount not to exceed $214,496 to purchase one (1) remote controlled bomb disposal robot.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900

16.**Removed from agenda by City Manager**Contract: Ratcliff Architects for Phase II Architectural and Engineering Services for the Facilities Maintenance Building

17.  Contract: Darcy and Harty Construction, Inc. for San Pablo Avenue Sanitary Sewer Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution 1) approving plans and specifications for the San Pablo Avenue Sanitary Sewer Project, 09-10351-C; 2) accepting the bid of Darcy and Harty Construction, Inc.; and 3) authorizing the City Manager to execute 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 $375,496 for the period of 190 calendar days from the date of the execution of the contract.
Financial Implications: Sewer Capital Improvement Fund - $375,496
Contact: Claudette Ford, Public Works, 981-6300

18.  Contract No. 6510A Amendment: MACTEC Engineering and Consulting (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract 6510-A with MACTEC Engineering and Consulting, Inc. to provide design and permit preparation services for the 1) Berkeley Landfill Levee Repair Project and 2) geotechnical testing services for the FY 2009 Street Project for an additional amount of $111,150 for a new contract total not to exceed $1,011,869 and maintain the contract period of September 1, 2009.
Financial Implications: Refuse Fund - $71,150 and Capital Improvement Fund - $40,000
Contact: Claudette Ford, Public Works, 981-6300

19.  Contract Amendment: SOHA Engineers for On-Call Structural Engineering Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment with SOHA Engineers (Contract No. 7524), to provide on-call structural engineering services for various capital improvement projects increasing the contract amount by $100,000 for a revised not to exceed amount of $125,000 and maintaining the contract term through December 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

20.  Contract: Harris & Associates for Underground Utility Engineering Consulting Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or change orders with Harris & Associates in an amount not to exceed $140,000 to provide underground utility consulting engineering services for Rule 20A Districts for a three-year period from January 1, 2009 through December 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

21.  Final Tract Map 7689: 2593 - 2599 Telegraph Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7689, a six-unit mixed-use condominium project, consisting of two commercial units and four residential units located at 2593 - 2599 Telegraph Avenue.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

22.  Final Map of Tract 7888: 2000 Hearst Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract 7888, a nineteen-unit commercial condominium located at 2000 Hearst Avenue.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

23.  Reappointment of Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Approve the reappointment of Linda Smith to the Mental Health Commission, as a representative of the Special Interest Category, for a second three-year term beginning January 25, 2009 and ending January 24, 2012.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100

24.  Human Welfare and Community Action Commission Representatives of the Poor (PDF)
From: Human Welfare and Community Action Commission
Recommendation:
Adopt a Resolution approving representatives of the poor selected at the December 10, 2008 Human Welfare and Community Action Commission (HWCAC) meeting.
Financial Implications: See report
Contact: J Paul Lecky, Chairperson, HWCAC;
Leah Talley, Commission Secretary, 981-5400

25.  Downtown Historic Resources Survey (PDF)
From: Landmarks Preservation Commission
Recommendation:
Refer a request by the Landmarks Preservation Commission (LPC) to allocate $30,000 to complete the bulk of the work remaining to be done on the Downtown Historic Resources Survey to the budget process for consideration at the mid-year budget revision.
Financial Implications: See report
Contact: Terry Blount, Commission Secretary, 981-7400

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – 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.  Fees: Nature Center/Adventure Playground at the Berkeley Marina (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion adopt a Resolution approving new fees for the Nature Center/Adventure Playground at the Berkeley Marina, effective January 13, 2009, and rescinding Resolution No. 63,836–N.S. and all amendatory resolutions.
Financial Implications: Marina Enterprise Fund - $11,360 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

27.  Fees: Marina Fee Increase - Small Boat Launch Ramp (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution approving a fee increase to launch and recover boats from the Berkeley Marina Small Boat Launch Ramp from $5.00 to $10.00.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

28.  Fees: Parks and Recreation Programs and Facilities (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt two Resolutions:  1) approving new fees and increasing current fees for select parks and recreation programs and facilities, effective January 14, 2009, and rescinding Resolution No. 64,205–N.S. and all amendatory resolutions; 2) approving a new recreation scholarship policy for recreation programs and facilities; and rescinding Resolution No. 64,206–N.S. and all amendatory resolutions.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Action Calendar – Old Business

29.  Joint Workshop with Berkeley and Oakland City Councils on Community Choice Energy (continued from December 16, 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

30.  ZAB Appeal: 1540 Shattuck Avenue (continued from December 16, 2008) (PDF)
From: City Manager
Recommendation: 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

31.  ZAB Appeal: 1725 University Avenue (continued from December 16, 2008) (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

Information Reports

32.  Unrepresented Temporary Employees (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

33.  Quarterly Report: Employee Safety and Workers' Compensation (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

34.  Pools Master Plan Update (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

35.  1708 Martin Luther King Jr. Way, Berkeley - Review of Planning Commission Approval of Tentative Tract Map 7915 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

36.  1035-1049 Virginia Street and 1688 San Pablo Avenue, Berkeley - Review of Planning Commission Approval of Tentative Tract Map 7770 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

37.  LPC-NOD: 2314 Dwight Way and 1770 La Loma Avenue (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

38.  Climate Action Plan Review (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

39.  Public Works Department Re-Accreditation - Self-Evaluation Process (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300

40.  Climate Action Plan Comments (PDF)
From: Transportation Commission
Contact: Farid Javandel, Commission Secretary, 981-7061

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 January 8, 2009 

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.

Parking Meter Ordinance
1.  Carolyn Del Gaudio

Public Transit Plans
2.  Arin Weitzman

1820 Solano Avenue
3.  James Gould

Public Safety Overtime
4.  Barbara Gilbert

Nonfunctioning Elevator
5.  Joan Torykian

Opposition to Waiver of Nuclear Free Berkeley Act
6.  Leona Wilson, on behalf of the Berkeley-East Bay Gray Panthers