Regular Meeting eAgenda
April 21
, 2009

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, April 21, 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, CMC, 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.

Recess Consent Items

1.   Contract No. 7068 Amendment: Lamphier-Gregory, Inc. – Final Environmental Impact Report (FEIR) for the Downtown Area Plan (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 7068 with Lamphier-Gregory by $6,200 to complete the Final Environmental Impact Report (FEIR) for the Downtown Area Plan increasing the total contract amount from $500,000 to a not to exceed amount of $506,200.
Financial Implications: Permit Service Center Fund - $6,200
Contact: Dan Marks, Planning and Development, 981-7400

2.   Contract Amendment: Needle Exchange Emergency Distribution (PDF)
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract amendment with the Needle Exchange Emergency Distribution (NEED) for HIV prevention syringe exchange services, adding $70,500 in fiscal year 2009 and $122,500 in fiscal year 2010, for a total contract amount not to exceed $245,000 for the period July 1, 2008 through June 30, 2010.
Financial Implications: See report.
Contact: Fred Medrano, Health and Human Services, 981-5100

3.   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 second reading of Ordinance No. 7,074–N.S. 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
First Reading Vote: All ayes.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

4.   Adoption of Amendment to Berkeley Building Codes (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,075–N.S. 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.
Financial Implications: See report
First Reading Vote: All ayes.
Contact: Dan Marks, Planning and Development, 981-7400

5.   City Manager Authority to Defer Development Fees for Priority Economic Development Projects (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance 7,076–N.S. 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
First Reading Vote:  Ayes–Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes–Arreguin, Worthington.
Contact: Michael Caplan, Economic Development, 981-7000

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

7.   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. 7,069–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 $10,128,635 (gross) and $5,067,903 (net) and authorize a loan from the General Fund to the Fire & Emergency Services Fund (Measure GG) to cover expenditures from January 1, 2009 to June 30, 2009.
Financial Implications: None
Contact: Tracy Vesely, Budget Manager, 981-7000

8.   Blanket Purchase Order: Financial Data Solutions, Inc (FDSI) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to ratify expenditures of $14,605 already paid to FDSI for services provided in fiscal years FY 2006 and FY 2007 on BPO 65688, and authorizing the City Manager to execute a blanket purchase order (BPO) with Financial Data Solutions, Inc (FDSI) in the amount of $37,100 to pay for remittance processing services already provided and services anticipated through June 30, 2009.
Financial Implications: Refuse Fund - $37,100
Contact: Robert Hicks, Finance, 981-7300

9.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
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 - $3,586,692
Contact: Robert Hicks, Finance, 981-7300

10.  Annual Purchase Order for Turnouts: L.N. Curtis and Sons (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an annual purchase order and any amendments with L.N. Curtis and Sons for the purchase of turnouts (i.e., protective firefighting coats and trousers) beginning July 1, 2009 in an amount not to exceed $100,000 per fiscal year with option to extend for up to a maximum of five years for a total amount not to exceed $500,000.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

11.  Purchase Order for ALS Cardiac Monitors: Philips Healthcare (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a purchase order and any amendments with Philips Healthcare for the purchase of fifteen Advanced Life Support (ALS) Cardiac Monitors for Emergency Response Vehicles in an amount not to exceed $350,000.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

12.  Adoption of the Alameda County Ambulance Ordinance (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adding B.M.C. Chapter 12.54 authorizing enforcement in Berkeley of Chapter 6.114 of the Alameda County Ordinance Code.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-3473

13.  Reappointment to Mental Health Commission (PDF)
From: City Manager
Recommendation:
Approve the reappointment of Nadine Dixon to the Mental Health Commission, as a representative of the Special Public Interest Category, to continue her three-year term ending April 24, 2010.
Financial Implications: None
Contact: Fred Medrano, Health and Human Services, 981-5100

14.  Housing Trust Fund Program Guidelines Revisions (PDF)
From: City Manager
Recommendation:
Adopt a Resolution adopting the revised City of Berkeley's Housing Trust Fund (HTF) Program Guidelines. The Housing Advisory Commission (HAC) has recommended that the City Council adopt the revised HTF Guidelines. The Planning Commission has also approved the revised Guidelines as consistent with City's General Plan.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

15.  Shelter Plus Care Contract with the County of Alameda (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with the County of Alameda for Shelter Plus Care funds in the amount of $225,932, to provide tenant-based rental assistance for homeless people living with HIV/AIDS for the 12-month period of March 1, 2009 through February 28, 2010.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

16.  Shelter Plus Care Program Renewal Grants (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept grant awards from the U.S. Department of Housing and Urban Development to renew three Shelter Plus Care grants: one for the amount of $1,814,400 for tenant-based rental assistance for the period May 24, 2009 through May 23, 2010; the second for the amount of $114,468 for sponsor-based rental assistance for the Pathways Project for the period June 1, 2009 through May 31, 2010, with Bonita House, Inc. as the project sponsor; and the third for the amount of $117,648 for the sponsor-based rental assistance for the Supportive Housing Network for the period of June 1, 2009 through May 31, 2010, with Resources for Community Development as the project sponsor.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

17.  Contract No. 7008 Amendment: Hanson Bridgett Marcus Vlahos Rudy LLP (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7008 with Hanson Bridgett Marcus Vlahos Rudy LLP (hereinafter "Hanson Bridgett") by increasing expenditure authority in an amount not to exceed $40,000 for legal services pertaining to federal and state tax issues.
Financial Implications: General Fund - $40,000
Contact: David Hodgkins, Human Resources, 981-6800

18.  Supplemental Military Leave Compensation Policy (PDF)
From: City Manager
Recommendation:
Amend Resolution No. 63,646-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2010 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months.
Financial Implications: General Fund - approximately $90,000
Contact: David Hodgkins, Human Resources, 981-6800

19.  Contract No. 7550 Amendment: Architectural Resources Group, Inc. – Design and Repair of Balustrade at The Circle (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract amendment to Contract No. 7550, with Architectural Resources Group, Inc. (ARG) for professional design services by $43,880 for a total contract amount not to exceed $67,321, including a 15% contingency.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

20.  Grant Application: Environmental Enhancement and Mitigation Program – Caltrans – Tree Planting Project in Berkeley (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the Environmental Enhancement and Mitigation Caltrans Program (EEMP) for the Berkeley Urban Reforestation Project in the amount of $201,700; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: $201,700 in revenue.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

21.  Contract: Summer Food Service Program - San Lorenzo Unified School District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with the San Lorenzo Unified School District to provide lunches and snacks to Berkeley youth for the period of June 1, 2009 through August 31, 2012 for a total amount not to exceed $350,000.
Financial Implications: Summer Youth Lunch Fund- $350,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

22. Contract No. 7812 Amendment: Phil Singer Landscape Architects – Gilman Street Fields, Phase II Design (PDF)
Contract No. 7812 Amendment (REVISED REPORT) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7812 with Phil Singer Landscape Architects increasing the scope of work to include landscape architectural design services for Phase II of the Gilman Street Sports Fields, for an additional amount not to exceed $142,000 for a total contract amount not to exceed $161,000 for the term of April 1, 2009 through December 31, 2010.
Financial Implications: Parks Tax Fund - $161,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

23.  Contract: Public Safety Dispatch Center Workstations (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Wright Line LLC in an amount not to exceed $146,976 to purchase and install twelve workstations in the Public Safety Dispatch Center.
Financial Implications: Proposition 172 Fund  - $146,976
Contact: Douglas N. Hambleton, Police, 981-5900

24.  Contract No. 7241 Amendment: Investigative Forensic Services (PDF)
From: City Manager
Recommendation:
Adopt Resolution authorizing the City Manager to amend Contract Number 7241 Forensic Analytical Laboratory for DNA testing and analysis by $50,000 for a total amount not to exceed $110,000.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900

25.  Contract No. 7189 Amendment: Vehicle Storage and Towing Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7189 with Avenue Towing, Berry Brothers Towing, East Bay Tow and Recovery, and Hustead's Tow, Inc. for vehicle storage and towing, to increase the amount by $25,000 for a total not to exceed $75,000.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900

26.  Lease Agreement: Police Department Substation, 841 Folger Street/3000 Seventh Street (PDF)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to execute a five year lease agreement and any amendments with Sasha Shamszad for real property located at 841 Folger Street/ 3000 Seventh Street for the purpose of leasing office and parking space to the Berkeley Police Department Traffic and Parking Enforcement Units for the five-years from approximately July 1, 2009 to June 30, 2014 with an option to extend for an additional five-year period.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900

27.  Contract: Top Grade Construction for University Avenue Reconstruction Project from 6th Street to San Pablo Avenue (Phase 1) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.  Approving the plans and specifications for the University Avenue Reconstruction Project, 08-10326-C
2.  Accepting the bid of Top Grade Construction
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 $720,824.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

28.  Contract No. 7518B Amendment: MRI Contract Staffing, Inc. (formerly Management Recruiters/Berkeley) for Temporary Parking Services Staff (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7518B with MRI Contract Staffing, Inc. (formerly Management Recruiters/Berkeley) for a temporary Parking Services Specialist, increasing the amount by $6,000, for a total amount not to exceed $116,000 for the period July 1, 2007 to May 31, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

29.  Contract: Gold Wing Engineering for Sanitary Sewer Project at Heinz Avenue, Grant Street, et al (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1.  Approving plans and specifications for the Sanitary Sewer Project, 09-10376-C, located at Heinz Avenue, Grant Street, et al
2.  Accepting the bid of Gold Wing Engineering
3.  Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in an amount not to exceed $506,719 for the period of 220 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Fund - $506,719
Contact: Claudette Ford, Public Works, 981-6300

30.  Sewer System Management Plan (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving Berkeley's Sewer System Management Plan as mandated by the State Water Resources Control Board.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

31.  Contract No. 7817 Amendment: Gettler-Ryan, Inc. for the Corporation Yard Underground Storage Tank Piping Upgrade (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 7817 with Gettler-Ryan, Inc. to add the tasks of environmental testing and reporting and the payment of permit fees in the amount of $13,327 for a revised contract amount not to exceed $61,327 and to extend the contract term to September 30, 2009.
Financial Implications: Capital Improvement Fund - $13,327
Contact: Claudette Ford, Public Works, 981-6300

32.  Declaration of Intent: FY 2010 Street Lighting Assessment (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to: 1) approve the Engineer's Report, Street Lighting Assessment District 1982-1, dated February 2009; 2) set a public hearing to be held before Council at its May 19, 2009 Council Meeting; and 3) authorize the City Clerk to publish the notice of the public hearing for FY 2010 levy of assessments of Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

33.   Contract No. 6244 Amendment: Kin Woo Construction, Inc. - James Kenney Recreation Center Renovation (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 6244 with Kin Woo Construction, Inc. for additional renovation work items at the James Kenney Recreation Center, increasing the original amount of $763,800 by $18,215 for a new contract total not to exceed $782,015.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

34.  Major Encroachment Permit - 2390 Fourth Street (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the issuance of a major encroachment permit for 2390 Fourth Street LLC, applicant, for an accessible ramp and walkway, including stairs, curbs and railings for general public use, encroaching into the public right-of-way of Channing Way at 2390 Fourth Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

35.  Agreement: Alameda County Congestion Management Agency - I-80/Gilman Street Interchange Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to:
1.  Execute an agreement with Alameda County Congestion Management Agency (CMA) to lead the project development phase for the I-80/Gilman Interchange improvements;
2.  Transfer the $1.2 million federal earmark and $300,000 local match from the City of Berkeley to the CMA to be used towards completion of the development phase of this project.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

36.  Purchase Order: Hoblit Motors for Nine Patrol Vehicles (PDF)
From: City Manager
Recommendation: Adopt a Resolution accepting the California Statewide Contract's bid procedures to satisfy the requirement of Berkeley Charter 67.2 and authorizing the City Manager to execute a purchase order for nine patrol vehicles with Hoblit Motors in an amount not to exceed $249,130.
Financial Implications: Equipment Replacement Fund - $249,130
Contact: Claudette Ford, Public Works, 981-6300

37.  Pacific Steel Casting Court Action on Odor Management Plan (PDF)
From: Community Environmental Advisory Commission
Recommendation:
Authorize the City Attorney to intervene in San Francisco Superior Court Case Number CGC-08-482228 in order to obtain disclosure of the Odor Management Plan for Pacific Steel Casting (PSC), as requested by the City of Berkeley pursuant to the Public Records Act.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Council Consent Items

38.  Appointment of George Austin to the Berkeley Housing Authority (PDF)
From: Mayor Bates
Recommendation:
Adopt a Resolution approving the appointment of George Austin to the position vacated by Pastor Michael McBride on the Berkeley Housing Authority (BHA).
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

39.  Support for AB 1288 - Employment Acceleration Act of 2010 (PDF)
From: Mayor Bates, Councilmembers Moore, Anderson and Arreguin
Recommendation:
Adopt a Resolution in support of AB 1288 - Employment Acceleration Act of 2010, authored by Assemblyman Paul Fong, which maintains federal immigration policy and prohibits state and local governments from requiring private employers to use E-Verify.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

40.  Opposition to Proposition 1A of 2009 (PDF)
From: Mayor Bates
Recommendation:
Adopt a Resolution opposing Senate Constitutional Amendment - Proposition 1A of 2009; and request the City Manager send copies of the resolution to the Alameda County Mayors and the Clerks of the Board of Supervisors in Alameda County and San Francisco County for distribution to their members.  Proposition 1A will appear on the May 19, 2009 Special Election ballot.  The measure was referred to the ballot by Assembly Constitutional Amendment 1, authored by Assemblyman Roger Niello (R-Fair Oaks).
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

41.  Installation of Mountable, Small Traffic Circles (PDF)
From: Councilmember Maio
Recommendation:
Request the City Manager to provide a staff recommendation and cost information on mountable, small traffic circles that might be used as an alternative to the large expensive circles.  Small traffic circles could be placed in selected intersections in neighborhoods to calm traffic.
Financial Implications: None at this time
Contact: Linda Maio, Councilmember, District 1, 981-7110

42.  Speed Cushion Referral to Disability Commission (PDF)
From: Councilmember Maio
Recommendation:
Request the City Manager to have staff review the speed cushion pilot and the concept with the Commission on Disability and request Commission approval to expand the pilot to several streets in northwest Berkeley with high east/west commute traffic: Rose/Cedar/Hopkins, between San Pablo and Sacramento.
Financial Implications: $14,000 per location
Contact: Linda Maio, Councilmember, District 1, 981-7110

43.  Relinquishment of Council Office Budget: Our Family Coalition's First Annual Night Out (PDF)
From: Councilmember Moore
Recommendation:
Adopt a Resolution to approve the expenditure, not to exceed $250 from Councilmember Moore’s discretionary Council Office Budgets for attendance at Our Family Coalition’s First Annual Night Out.
Financial Implications: Councilmember Moore’s Discretionary Fund - $250
Contact: Darryl Moore, Councilmember, District 2, 981-7120

44.  Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival (PDF)
From: Councilmembers Anderson, Moore and Worthington
Recommendation:
Approve co-sponsorship of the 22nd Annual Berkeley Juneteenth Festival to be held on Saturday, June 13, 2009.
Financial Implications: General Fund - $4,050
Contact: Max Anderson, Councilmember, District 3, 981-7130

45.  Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Earth Day 2009 (PDF)
From: Councilmember Anderson
Recommendation:
Adopt a Resolution to approve the expenditure of $250 to Berkeley Earth Day 2009 with funds relinquished to the City's General Fund for this purpose from Councilmember Anderson's discretionary Council Office Budget.
Financial Implications: Councilmember Anderson's Discretionary Fund - $250
Contact: Max Anderson, Councilmember, District 3, 981-7130

46.  Stimulus Funds for Lawrence Berkeley Lab Remediation (PDF)
From: Councilmember Arreguin
Recommendation:
Direct the City Manager to write a letter to the Department of Energy (DOE) and others in support of economic stimulus funding for soil and groundwater remediation at Lawrence Berkeley National Laboratory to the highest standards available. The groundwater clean up should consider that the public will need to use this valuable resource in the future.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

47.  Urging Berkeley Restaurants to Remove Foie Gras from their Menus (PDF)
       Revised materials (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt a Resolution urging Berkeley restaurants to remove foie gras from their menus before the California statewide ban goes into effect, to avoid supporting this extreme form of cruelty.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

48.  City Sponsorship of the 2009 Open Opera Performances at Live Oak Park and John Hinkel Park (PDF)
From:  Councilmember Capitelli
Recommendation:
Adopt a Resolution co-sponsoring the 2009 Open Opera performances on May 30th at Live Oak Park, July 25 and 26 at John Hinkel Park and Oct 17, 2009 at Live Oak Park.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

49.  Installation of Conduit for Future Fiber Optic Cables (PDF)
From: Councilmembers Capitelli, Maio, Moore and Wozniak
Recommendation:
Request the City Manager direct staff to investigate requiring the installation of conduits for future fiber optic cables whenever a major city street is excavated or renovated and report back to Council with feasibility and cost estimates.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7140

50.  Affidavit of Residency for City Commissioners and Board Members (PDF)
From: Councilmembers Wengraf, Capitelli, Wozniak
Recommendation:
Request that the City Manager return to Council with a proposed Ordinance requiring all members of City Boards and Commissions to file an affidavit of residency at the time of appointment and annually for the duration of their service on a commission.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

51.  Rain Water Containment Systems in New City Buildings and Library Remodels (PDF)
From: Councilmembers Wengraf, Moore and Wozniak
Recommendation:
Request that the City Manager direct the architects of the new animal shelter and the new library branches to consider incorporating rainwater collection systems into the design of these new city buildings.
Financial Implications: Unknown
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

52.  Proclamation Declaring April 24, 2009 Armenian Genocide Commemoration Day in Berkeley (PDF)
From: Councilmember Worthington
Recommendation:
Support a proclamation declaring April 24, 2009 Armenian Genocide commemoration day in Berkeley.
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 – 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.

53.  Allocation of Funds for Community Agencies for FY2010 and Submission of the Fifth Year Annual Action Plan (PDF)
From: City Manager
Recommendation:
Conduct a Public Hearing on the Allocation of Funds for Community Agencies for FY2010, including the Submission of the Fifth Year Annual Action Plan, and upon conclusion, adopt a Resolution:

1.   Approving proposals for funding under the FY2010 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Investment Partnerships (HOME) Program Community Housing Development Organization (CHDO) operating programs; and
2.   Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds with conditional two-year contracts for all projects in the Public Services category and one-year contracts for other projects; and
3.   Allocating 85% of the FY2010 HOME funds to the Housing Trust Fund, 10% for HOME program administration, and 5% for CHDO Operating programs; and
4.   Authorizing the City Manager to submit the Fifth Year Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and
5.   Authorizing additional meetings of the Homeless and Human Welfare and Community Action Commissions for 2010.

Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400

54.  Recommendations for Use of Funds through the American Reinvestment and Recovery Act of 2009 (CDBG-R, ESG/HPRP, DOE -WAP) and Substantial Amendments to the Fourth Year Annual Action Plan (PDF)
From: City Manager
Recommendation:
Conduct a Public Hearing on the Recommendations for Use of Funds through the American Reinvestment and Recovery Act of 2009 (ARRA), including Substantial Amendments to the Fourth Year Annual Action Plan, and upon conclusion, adopt a Resolution:

1.      Authorizing the execution of any agreements and amendments resulting from the City of Berkeley’s allocation of additional CDBG-R, Homelessness Prevention and Rapid Re-Housing Program (HPRP), and DOE Weatherization funding as part of the federal “Stimulus Package” (American Recovery and Reinvestment Act of 2009 - ARRA); and
2.      Authorizing the City Manager to submit a substantial amendment to the Fourth Year Annual Action Plan for CDBG-R and any other required documents to include activities funded through the ARRA; and
3.      Authorizing the City Manager to submit a substantial amendment to the Fourth Year Annual Action Plan for HPRP and any other required documents to include activities funded through the ARRA; and
4.      Approving the DOE ARRA Local Plan for the Weatherization Assistance Program submitted to the State Department of Community Services and Development and any other required documents to include activities funded through the ARRA.

Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400

55.  Joint Agreement: City of Livermore, and Alameda, Berkeley, Fremont, San Leandro and Union City - Participation in the State of California Neighborhood Stabilization Program (PDF)
From: City Manager
Recommendation:
Conduct a Public Hearing and upon conclusion, adopt a Resolution approving a Joint Agreement between the City of Berkeley and the Cities of Alameda, Fremont, Livermore, San Leandro and Union City for participation in the State of California’s Neighborhood Stabilization Program, and authorizing the City Manager to sign all related documents.
Financial Implications: None from City's General Fund
Contact: Jane Micallef, Housing, 981-5400

Action Calendar – New Business

56.  Refuse Collection Rate Increase (PDF)
       Presentation (PDF)
From: City Manager
Recommendation:
1)   Adopt a Resolution that establishes procedures for establishing and increasing property related fees and charges under Proposition 218;
2)   Approve residential, commercial and roll-off container refuse collection rates for consideration by the city council, subject to the majority protest process required by Proposition 218 and authorize commencement of that process;
3)   Set a public hearing date of June 23, 2009, and send notifications as required by State law in order that City Council may act adjust refuse collection rates on that date, effective July 1, 2009.
Financial Implications: See report.
Contact: Phil Kamlarz, City Manager's Office, 981-7000

57.  Climate Action Plan
a. From: 
City Manager (PDF)
Recommendation: Adopt a Resolution approving the April 2009 draft of the Berkeley Climate Action Plan as the "preferred project" for the purpose of environmental review.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

b. Energy Commission Information Report (PDF)
Contact: Neal De Snoo, Secretary, Berkeley Energy Commission, 981-7400

Climate Action Plan 3rd Draft (PDF)

Climate Action Plan - Pres (PDF) 

58.  Proposed Sweatshop Free Ordinance
a.   From: 
Councilmembers Worthington, Moore, Anderson and Arreguin (PDF)
Recommendation: Adopt the Sweatshop-Free procurement ordinance for the City of Berkeley
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

b.   From: Commission on Labor (PDF)
Recommendation: At the Commission on Labor special meeting on February 18, 2009, the Commission adopted the following recommendation:
To accept the Sweatshop Free Procurement Ordinance language with amendments as discussed.
Financial Implications: The Commission on Labor has not determined the fiscal impacts of a Sweatshop-Free Procurement Ordinance.
Contact: Delfina Geiken, Commission Secretary, 981-7551

c.   From: City Manager (PDF)
Recommendation: Direct staff to analyze and revise the proposed Sweatshop Free Ordinance passed by the Commission on Labor and bring back to City Council a revised Ordinance that does not result in additional costs, no later than September 29, 2009 for consideration.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

Council Action Items

59.  Declaring Diane Griffin Day, and Thanking Her for Helping Save Taxpayers $289,000 in Overcharges (PDF)
From: Councilmember Worthington
Recommendation:
City Council to issue proclamation declaring Diane Griffin Day, and thanking her for helping identify overcharges, thereby saving taxpayers approximately $289,000.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

60.  Research Limiting Plastic Bottle Use in Public Operations (PDF)
From: City Manager
Contact: Phil Kamlarz, City Manager's Office, 981-7000

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

62.  LPC-NOD: 771 San Diego Road (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

63.  Quarterly Report: Crime in Berkeley (PDF)
From: City Manager
Contact: Douglas N. Hambleton, Police, 981-5900

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. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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 April 16, 2009.  

Deanna Despain, CMC, 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 57: Climate Action Plan
1.   Stephanie Reyes, on behalf of Greenbelt Alliance
2.   Rachel Dinno, on behalf of Trust for Public Land

Community Service
3.   Mercedez Gonzalez

News Racks
4.   Michael Katz

Solar Permit Fees
5.   Aaron Israel, Doug Payne and Dave Room

Underground Wiring
6.   Patricia Merino Price
7.   Unknown

NorCal Mountain Bike Camp
8.   Mike Vandeman

Nightclub Noises
9.   David Daniels

Parking Policies
10. Cynthia Pascarello

Parking Meter Ordinance
11. Edward Klinenberg

Proposed Ferry Terminal Near H’s Lordships
12. Jim McGrath