Regular Meeting eAgenda
January 27
, 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: 

  • 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, January 27, 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.   Amendment: FY 2009 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: 
Adopt second reading of Ordinance No. 7,069–N.S. 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

2.   Minutes for Approval (PDF)
From: City Manager
Recommendation: 
Approve the minutes for the Council meetings of January 13, 2009 (special worksession and regular).
Financial Implications: None
Contact:  Deanna Despain, City Clerk Department, 981-6900

3.   Grant Award: Cardiovascular Disease Prevention Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept grant funds from Lifelong Medical Care, which receives the funding from Kaiser Permanente, in the amount of  $234,524 to implement the "Heart 2 Heart Cardiovascular Disease Project" for the period July 1, 2008 to June 30, 2010; to execute the resultant revenue agreements, contracts and any amendments and extensions; and to authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100

4.   Contract: Samuels and Associates for Public Health Evaluation (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Samuels and Associates to complete an evaluation of the Kaiser Permanente funded project designed to promote healthy food options at restaurants and corner market stores in Berkeley for the period January 1, 2009 to December 31, 2010, in an amount not to exceed $50,000.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100

5.   Contract No. 7275-A Amendment: Alameda County Homeless Action Center (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7275-A to increase the contract amount by $45,500 from 231,716 to 277,216 and extend the term through September 30, 2009 to provide SSI advocacy to an additional 23 individuals.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

6.   Unrepresented Fire Management Employees: Benefit Changes (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving amendments to the Unrepresented Employee Manual, Resolution No. 60,777-N.S. to provide modifications to benefits for Fire Management personnel in Representation Unit Z-1 (Confidential and Executive Management) including restoration of the annual payment of vacation leave balances above the eight week accrual limit; restoration of the ability to sell back accrued but unused vacation leave on a one-time annual basis; increase the life insurance coverage from $25,000 to $50,000 and to clarify the City's payroll practices when it is necessary to convert leave balances from a forty-hour per week work schedule to a fifty-six hour per week work schedule.
Financial Implications: Payroll Deduction Trust Fund - $300
Contact: David Hodgkins, Human Resources, 981-6800

7.   Clarifying Council Action Intent on Recreation Fees Regarding Facilities Rental (PDF)
From: City Manager
Recommendation:
Amend Resolution No. 64,334-N.S. to limit the increase of recreation center rental rates to 20% for existing tenants.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

8.   Final Map of Tract 7954: 1901-1905 Parker Street & 2543 Martin Luther King Jr. Way (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7954, a twelve (12) unit residential condominium located at 1901-1905 Parker Street and 2543 Martin Luther King Jr. Way.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

9.   Increasing Community Development Block Grant and Emergency Shelter Grant Funding as Federal Economic Stimulus (PDF)
From: Housing Advisory Commission
Recommendation:
Direct the City Manager to send a letter on behalf of the City of Berkeley to Bay Area members of Congress, California’s senators and President Barack Obama recommending that significant new funding be added to the Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) programs as part of the federal government’s economic stimulus package.
Financial Implications: None
Contact: Tim Stroshane, Commission Secretary, 981-5400

Council Consent Items

10.  Announce Vacancy on the Berkeley Housing Authority (BHA) Board of Commissioners (PDF)
From: Mayor Bates
Recommendation:
That the City Council publicly announce the vacancy on the Berkeley Housing Authority (BHA) Board of Commissioners and schedule the confirmation of a new Commissioner for the City Council meeting of February 24, 2009.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

11.  Salary Adjustment for the City Manager (PDF)
From: Mayor Bates
Recommendation:
Adopt a Resolution to amend Resolution No. 64,211-N.S. (Classification and Salary Resolution for classifications in Representation Unit Z-1 Confidential and Executive Management Employees) to increase the salary of the City Manager by 8% from $17,903 per month to $19,335 per month effective February 8, 2009 to bring his salary to the median of the salaries of City Managers in comparable cities in the Bay Area.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

12.  Various Appointments to Committees, Commissions, and Regional Bodies (PDF)
From: Mayor Bates
Recommendation:
Approve appointments to the committees, commissions, and regional bodies as specified in the background section of the item.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

13.  Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds To Support the Ecology Center (PDF)
From: Councilmember Maio
Recommendation:
Adopt a Resolution to approve the expenditure of up to $300 per person to the Ecology Center with funds relinquished to the City’s general fund for this purpose from Mayor and Council’s discretionary Council Office Budget.
Financial Implications: $2700
Contact: Linda Maio, Councilmember, District 1, 981-7110

14.  Affordable Housing and Homelessness Prevention in Economic Recovery Package (PDF)
From: Councilmembers Worthington, Maio and Arreguin
Recommendation:
That the Berkeley City Council urge the President and Congress to support a federal economic recovery package that dramatically expands affordable housing production for low income and homeless families and individuals.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

15.  Making Employee Free Choice Act a Very High Federal Priority (PDF)
From: Councilmembers Worthington, Anderson and Arreguin
Recommendation:
That the Berkeley City Council urge Senator Boxer and Senator Feinstein to put the Employee Free Choice Act as a very high priority on their legislative agenda.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  Referral to City Manager: Draft Sunshine Ordinances (PDF)
From: Councilmember Worthington
Recommendation:
Refer to the City Manager:
1)     Draft of the Sunshine Act authored by members of the Sunshine Committee
2)     Notes for legal and financial evaluation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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 – 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.

17.  ZAB Appeal: 1820 Solano Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution dismissing the appeal and affirming the ZAB's decision to approve Use Permit No. 08-10000059 to allow general office use, excluding medical practitioners, in one existing ground floor tenant space (maximum of 1,520 square feet) adjacent to street frontage.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.     Communications
1.      James/Gina Gould (Hundred Acre Wood Properties)
2.      Zipporah Collins
3.      Elizabeth Sklut (Thousand Oaks Neighborhood Association Bd. Of Directors)
4.      Alesia Connelly
5.      Warren Keller

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  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.

18.  Downtown Berkeley Business Improvement District Annual Assessment (PDF)
From: City Manager
Recommendation:
1) Conduct a public hearing, and upon conclusion, adopt a Resolution confirming the 2009 Annual Report of the Downtown Business Improvement District (BID) and to levy an annual assessment for the Downtown Business Improvement District (BID) for calendar year 2009.  2) Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $261,000 of Downtown BID funds to support Downtown revitalization.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Action Calendar – Old Business

19.  ZAB Appeal: 1540 Shattuck Avenue (continued from January 13, 2009) (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

20.  Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.) (PDF)
       Presentation (PDF)
From: City Manger
Recommendation:
1) 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; and 2) Provide the City Manager direction concerning two new programs:  a) A new program for local law compliance inspection of all multi-unit residential properties offered for sale in Berkeley; and b) A new homebuyer assistance program to help resident tenants buy the units in which they reside.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

Action Calendar – New Business

21.  Consideration of Berkeley Public Library's Request for Waiver to Contract Requirement of Nuclear Free Berkeley Act at B.M.C. 12.90.070
a.  From: 
Peace and Justice Commission (PDF)
Recommendation: At its regularly scheduled meeting on January 5, 2009, the Peace and Justice Commission adopted the following recommendation:  The Peace and Justice Commission finds that it would violate the Nuclear Free Berkeley Act (NFBA) to approve a waiver of the law and contract with 3M Corporation for maintenance of the Library's RFID system.
Financial Implications: Unknown
Contact:  Eric Brenman, Commission Secretary, 981-5114

b.  From: City Manager (PDF)
Recommendation: Adopt a Resolution waiving the contract requirements of the Nuclear Free Berkeley Act pursuant to Chapter 12.90.070 of the Berkeley Municipal Code, in order to enter into a contract with 3M Company of St. Paul, MN for ongoing equipment maintenance services for existing licensed software and hardware for the Checkpoint Systems brand Intelligent Library System equipment at the Berkeley Public Library.
Financial Implications: See report
Contact: Donna Corbeil, Library Services, 981-6100

22.  Federal Funding Priorities (PDF)
From: City Manager
Recommendation:
Authorize the City Manager to explore Federal funding opportunities and approve the list of projects in Attachment 1 as priority projects for the City.
Financial Implications: See report 
Contact: Lisa Caronna, Deputy City Manager, 981-7000

23.**Removed from agenda by City Manager to 2/10/09**Modify Major Encroachment Permit for 161 Panoramic Way

Information Reports

24.  Ed Roberts Campus - Update on Leasing and Fundraising (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400

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 22, 2009. 

Deanna Despain, Acting City Clerk


Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 21: Consideration of Berkeley Public Library's Request for Waiver to Contract Requirement of Nuclear Free Berkeley Act at B.M.C. 12.90.070
1.      Gene Bernardi, on behalf of SuperBOLD
2.      Leona Wilson

Demolition of Bevatron
3.      Mark Chekal-Bain

AC Transit Board of Directors Vacancy
4.      Linda Nemeroff

New BART Committee
5.      Kerry Hamill

 Cell Phone Towers
6.      Allan Cohen

Climate Action Plan
7.      John English

Workplace Training/Lawsuit
8.      Arin Weitzman