Regular Meeting eAgenda
March 24
, 2009

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: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, March 24, 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.   Zoning Ordinance Amendment: Wireless Telecommunication Facilities (PDF)
From: City Manager
Recommendation:
Adopt second reading of an Ordinance No. 7073-N.S. repealing and reenacting Berkeley Municipal Code Chapter 23C.17, Wireless Telecommunication Facilities.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
First Reading Vote: Ayes: Maio, Capitelli, Wengraf, Wozniak, Bates.  Abstain: Anderson, Arreguin, Worthington.  Absent: Moore. 

2.   Findings for Acquisition of 1581 Leroy (Hillside School) from Berkeley Unified School District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution making findings regarding acquisition of a portion of property located at 1581 Leroy (Hillside School) from Berkeley Unified School District as required by Education Code Section 17492.
Financial Implications: None. No City funds will be used for acquisition, operations or maintenance of the property.
Contact: Christine Daniel, City Manager’s Office, 981-7000

3.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of February 17, 2009 (special); February 24, 2009 (special, special closed and regular), March 9, 2009 (special closed) and March 10, 2009 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

4.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
For informational purposes, approve the request for proposals or invitation for bids (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's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $250,000
Contact: Robert Hicks, Finance, 981-7300

5. **Removed from the agenda by the City Manager**Blanket Purchase Order:  Financial Data Solutions, Inc (FDSI)
From: City Manager
Financial Implications:
Contact: Robert Hicks, Finance, 981-7300

6.   Purchase Order: Emergency Medical Supplies (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a purchase order with Bound Tree Medical to purchase emergency medical supplies and equipment for the Fire Department from May 1, 2009 to June 30, 2010, with an option to extend for an additional period up to a maximum of five years, in an amount not to exceed $1,000,000.
Financial Implications: Measure GG Funds – Not to exceed $1,000,000.
Contact: Debra Pryor, Fire, 981-3473

7.   Classification: Emergency Services Coordinator (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,174-N.S. Classification and Salary Resolution for Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association, to establish the Emergency Services Coordinator classification with a monthly salary range of $6,208 - $7,372 to be effective April 5, 2009.
Financial Implications: Measure GG funding - $140,000 in FY 2010
Contact: David Hodgkins, Human Resources, 981-6800

8.   Contract Amendment: NEOGOV Job Applicant Tracking System (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7645 with NEOGOV Inc. for a job applicant tracking system and service, to increase the amount by $60,000 for a total not to exceed $105,000, and extending the term of the contract from May 16, 2008 through May 16, 2012.
Financial Implications: General Fund - $60,000 (approximately $20,000 per year).
Contact: David Hodgkins, Human Resources, 981-6800

9.   Lease Agreement: Rod and Gun Club Building (90 Bolivar Drive) in Aquatic Park to Bay Area Outreach and Recreation Program (BORP) (PDF)
From: City Manager
Recommendation:
Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Bay Area Outreach and Recreation Program (“BORP”) to use the property located at 90 Bolivar Drive in Aquatic Park for a term anticipated to begin June 1, 2009 and ending December 31, 2013, with an option to extend the term for an additional five-year period.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

10.  Adoption of Amendment to Berkeley Building Codes (PDF)
From: City Manager
Recommendation:
1) Adopt the first reading of an Ordinance (Attachment 1) repealing Article 7 of the Berkeley Building Code, Repairs after Natural Disaster, BMC Section 19.28.90; and adopting new Article 7, Repair and Reconstruction Ordinance, BMC Section 19.28.90; 2) Adopt a Resolution (Attachment 2) setting forth findings of local conditions that require more stringent regulations than those provided by the 2007 California Building Code.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

11.  Revenue Contract: GHG Environmental Management System (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the San Francisco Foundation for the approximate period January 1, 2009 through December 31, 2009 in the amount of $15,000 for the implementation of local greenhouse gas emissions reduction strategies.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

12.  Grant: Safe Routes to School for Safety Improvements Around Four Berkeley Public Schools (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the Caltrans Safe Routes to School program for traffic safety improvements around four Berkeley public schools  (Malcolm X Elementary School, Rosa Parks Elementary School, Thousand Oaks Elementary School, Berkeley Arts Magnet School) in the amount of $898,660; and accept the grants awarded, and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

13.  Grant Application: Federal Stimulus Program - American Recovery and Reinvestment Act of 2009 (ARRA) Funding (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the filing of an application for federal American Recovery And Reinvestment Act of 2009 (ARRA) transportation funding and stating the assurance to complete the street paving project on a portion of University Avenue.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

14.  Policy: Bee Habitats and Pollinator-Friendly Vegetation (PDF)
From: Parks and Recreation Commission
Recommendation:
Adopt a Resolution to adopt a Bee Habitats and Pollinator-friendly Vegetation policy for use in planning and implementing landscape improvements at City parks and open spaces.
Financial Implications: None
Contact: Virginia Aiello, Commission Secretary, 981-5158

Council Consent Items

15.  Appointment of Valerie Agostino to the Berkeley Housing Authority (PDF)
From: Mayor Bates
Recommendation:
Approve the appointment of Valerie Agostino to the vacant position on the Berkeley Housing Authority (BHA).
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

16.  Establishing 15 mph Limit Around Schools (PDF)
From: Councilmember Maio
Recommendation:
Request the City Manager to consider establishing the streets around schools to become 15 mph zones.
Financial Implications: Unknown
Contact: Linda Maio, Councilmember, District 1, 981-7110

17.  Graffiti Abatement Strategy (PDF)
From: Councilmember Maio
Recommendation:
Request the City Manager to convene a group of appropriate staff members to work with Councilmember Maio on developing a strategy to address the increase in graffiti vandalism.
Financial Implications: Unknown
Contact: Linda Maio, Councilmember, District 1, 981-7110

18.  Relinquishment of Council Office Budget to Berkeley Earth Day 2009 (PDF)
From: Councilmember Maio
Recommendation:
Adopt a Resolution to approve the expenditure, not to exceed $500, to Berkeley Earth Day 2009 with funds relinquished to the City's General Fund for this purpose from Councilmember Maio's discretionary Council Office Budget.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110

19.  Assessment of General Fund Subsidy for Refuse Fund Increase Opt-outs for Low and Fixed Income Households (PDF)
From: Councilmembers Moore and Worthington
Recommendation:
Refer to the City Manager an analysis of the cost to the General Fund to subsidize low and fixed income households that would potentially opt out of the Refuse Fee increase being proposed by the City Manager.  The analysis should be completed prior to the release of a majority protest vote ballot is mailed out to residents.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 510-981-7120
Kriss Worthington, Councilmember, District 7, 510-981-7170

20.  Judicial Independence in Determining Same-Sex Marriage (PDF)
From: Councilmembers Moore and Worthington
Recommendation:
Adopt a Resolution demonstrating the City of Berkeley’s support for maintaining judicial independence in the California Supreme Court’s decision on the legitimacy of Proposition 8 and that in the event the California Supreme Court rules that Proposition 8 was validly enacted, Proposition 8 should be repealed through the initiative process and the right to marry restored to same-sex couples as soon as possible.  If adopted, the City should send letters of support of judicial independence, with the Resolution, to our local legislators, the Governor, the Attorney General and the Chief Justice of the California Supreme Court.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 510-981-7120

21.  Support AB 312 To Establish An Office of Citizen Complaints for the Bay Area Rapid Transit District (BART) Police Department (PDF)
From: Councilmembers Moore, Anderson and Arreguin
Recommendation:
Adopt a Resolution in support of AB312, authored by Assembly- member Ammiano and Senator Yee, to establish an Office of Citizen Complaints for the Bay Area Rapid Transit District (BART) police department to ensure adequate oversight.
Financial Implications: None at this time
Contact: Darryl Moore, Councilmember, District 2, 510-981-7120; Max Anderson, Councilmember, District 3, 981-7130

22.  Support H.R. 1283 To Repeal "Don't Ask, Don't Tell" (PDF)
From: Councilmembers Moore and Worthington
Recommendation:
Adopt a Resolution in support of the Military Readiness Enhancement Act of 2009, H.R. 1283, to repeal the discriminatory practice of "Don't Ask, Don't Tell" in the United States Armed Forces.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

23.  City Sponsorship of the North Shattuck Avenue Chocolate & Chalk Art Festival (PDF)
From: Councilmembers Capitelli and Arreguin
Recommendation:
Co-sponsor the Chocolate and Chalk Art Festival, in collaboration with the North Shattuck Association, to be held on North Shattuck Avenue on Saturday, May 30, 2009, from 10:00 a.m. to 5:00 p.m.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150; Jesse Arreguin, Councilmember, District 4, 981-7140

24.  City Sponsorship of the 2009 Himalayan Fair (PDF)
From: Councilmember Capitelli
Recommendation:
Co-sponsorship by the City of Berkeley of the 2009 Himalayan Fair to be held at Live Oak Park on Saturday May 16 and Sunday, May 17, 2009.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action Calendar – Appeals

25.  ZAB Appeal: 1820 Solano Avenue: Supplemental Information #2 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to adopt revised and new conditions of approval; to approve Use Permit 08-10000059 to allow general office use, excluding medical practitioners, financial services, and banks, in up to one of four existing ground floor tenant spaces with a maximum floor area of 1,520 square feet adjacent to street frontage (i.e. Suite B-1, B-2, C-1, or C-2); and to dismiss the appeal.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business

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.

26.  Budget Transparency, Internal Controls, and Delayed Action on Audits (PDF)
       Presentation (PDF)
From: City Auditor
Recommendation:
Continue discussion of Council's role in providing leadership in improving internal controls and risk management.  Discuss status of Council direction that internal control impacts be disclosed in budget submissions.  Upon conclusion, provide direction to the City Manager or request information from the City Manager or City Auditor, as appropriate.
Financial Implications: See report.
Contact: Ann-Marie Hogan, Auditor, 981-6750

27. **Removed from Agenda by City Manager**Refuse Collection Rate Increase
From: City Manager
Financial Implications:
Contact: Phil Kamlarz, City Manager, 981-7000

28.  Parking Citation Fines Increase (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.   Establishing a new schedule of parking violations and fines for parking violations and late payment penalties, generally increasing fines by $5.00 per citation;
2.   Rescinding Resolution 62,127-N.S. and all amendments thereto, effective May 1, 2009.
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000

29.  City Manager Authority to Defer Development Fees for Priority Economic Development Projects (PDF)
From: City Manager
Recommendation:
1.   Adopt a Resolution amending Resolution 64,077 -N.S. to grant the City Manager authority to defer up to $200,000 in building, plumbing, electrical and mechanical permit fees for new development projects and substantial remodels on a case-by-case basis after staff analysis determines that such deferral will facilitate project implementation and that the project will provide substantial economic benefit to the City through tax base development, job creation/retention or by other measure as determined by the City Manager, and
2.   Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 19.28.020 California Building Code Appendix Chapter 1 Section A108.1 to allow permits issued in the context of a City Manager fee deferral to be considered valid.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7000

30.  Authorizing the Issuance of $10,000,000 in General Obligation Bonds For Measure FF, Series 2009 – Branch Library Improvement Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the issuance of $10,000,000 aggregate principal amount of general obligation bonds, series 2009 (Measure FF – Branch Library Improvement Project), and authorizing actions related hereto.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

31.  Rental Housing Safety Program Critical Initiative (PDF)
From: City Manager
Recommendation:
Provide direction to the Housing Department regarding development of Rental Housing Safety Program Annual Fee increase proposal for the May 19, 2009 Council meeting.  One alternative is an increase of $4.00 per unit and $2.00 per room (to $21.00 and $10.50 respectively) annually, which would close the operating budget gap for FY 2010.  Another option is to increase the fee by $9.00 per unit and $4.50 per room (to $26.00 and $13.00 respectively), which would allow for the replacement of a 1.0 Housing Inspector position that was eliminated in FY 2009 as a cost saving measure.  The fee increase is proposed now to address an immediate operating deficit, and will be coupled with recommendations for restructuring in January 2011, at the end of the Gas Heating Certification initial implementation period.
Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400

Information Reports

32.  Grant: Maddie's Fund, Pet Rescue Foundation to the Animal Care Shelter (PDF)
From: City Manager
Contact: Phil Kamlarz, City Manager's Office, 981-7000

33.  20th Annual Outstanding Berkeley Women Event (PDF)
From: Commission on the Status of Women
Contact: Tasha Tervalon-Norcome, Commission Secretary, 981-5300

34.  Amendment to Fiscal Year 2009 Audit Plan (PDF)
From: City Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

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 March 19, 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.

Public Wire Undergrounding Funds
1.   Mary Clegg

Nuclear Free Berkeley Act Waiver
2.   Michael Lozeau

Berkeley Parties
3.   Tim Hansen

Downtown Area Plan
4.   Carl Friberg

Bus Rapid Transit/Service Cuts
5.   Gale Garcia