Regular Meeting Annotated Agenda
January 13, 2009

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ANNOTATED AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, January 13, 2009
 
7:00 P.M.
 
Council Chambers, 2134 Martin Luther King Jr. Way
 
Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:16 p.m.  Absent: Councilmember Wozniak.

Ceremonial Matters:

  1. Friends of Berkeley Library
  2. Red Cross – January is National Blood Donor Month
  3. Nathanial Dickinson
  4. Elizabeth Dawn

City Manager Comments: None

Public Comment on Non-Agenda Matters: 3

Public Comment on Consent Calendar and Information Items Only: 5

Consent Calendar

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

1. Revised 2009 City Council Meeting Schedule (PDF) 
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,180–N.S. to revise the 2009 City Council regular meeting schedule.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Adopted Resolution No. 64,311–N.S. as amended to change July 21 to July 14 and September 15 to September 22.  Absent–Wozniak.

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

3. Donation: The Stephen and Mary Birch Foundation to the Animal Shelter (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving a donation to the Animal Shelter in the sum of $10,000 from the Stephen and Mary Birch Foundation.
Financial Implications: Donation - $10,000
Contact: Phil Kamlarz, City Manager's Office, 981-7000
Action:  Adopted Resolution No. 64,312–N.S.  Absent–Wozniak.
 
4. Downtown Berkeley Business Improvement District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the 2009 Annual Report of the Downtown Berkeley Business Improvement District (BID); declaring Council's intention to levy an annual assessment for the Downtown Berkeley Business Improvement District for calendar year 2009; and directing the City Clerk to schedule a public hearing for January 27, 2009, to consider levying a renewed assessment for the year 2009.  (The Council adopted a Resolution for the same purpose on September 16, 2008, but due to staff error the public hearing required to renew the assessment was not held.  The current item reenacts the Resolution initiating the renewal and sets new date for the public hearing.)
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7000
Action:  Adopted Resolution No. 64,313–N.S.   Absent–Wozniak.

5. Amendment: FY 2009 Annual Appropriations Ordinance (PDF) 
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2009 Annual Appropriations Ordinance No. 7,065–N.S. for fiscal year 2009 based upon recommended re-appropriation of committed FY 2008 funding and other adjustments authorized since July 1, 2008, in the amount of $67,958,771 (gross) and $65,575,554 (net) 
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
Action:  Adopted first reading of Ordinance No. 7,069–N.S.  Second reading scheduled for January 27, 2009.  Absent–Wozniak.

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

7. Contract Amendment: Berkeley Food and Housing Project to Support Eradication of Bed Bugs (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase Berkeley Food and Housing Project's (BFHP) contract No. 7709, CMS No.  BFGA2, by $51,055 to provide the agency with resources to eradicate bed bugs in the Men's Overnight Shelter for a total contract amount not to exceed $140,304.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,314–N.S.  Absent–Wozniak.

8. Classification: Circulation Services Manager (PDF)
From: City Manager
Recommendation:
Adopt a Resolution to amend Resolution No. 64,250–N.S., Classification and Salary Resolution for Public Employees Union Local One, to revise the classification of Circulation Services Manager and increase the monthly salary range to $6,737 - $8,116 effective January 25, 2009.
Financial Implications: Library Fund- $4,732
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,315–N.S.  Absent–Wozniak.

9. Health Plan Rate Increases (PDF) 
From: City Manager
Recommendation: Adopt two Resolutions:

  1. Approving a 4.1% rate increase for the Kaiser Foundation Health Maintenance Organization (HMO) health plan for Active Employees, a 19.5% rate increase for Pre-Medicare Eligible Retirees, and a rate increase of 19.5% for Senior Advantage (Medicare Supplement) Retirees; and
  2. Approving a 12.15% rate increase for the Health Net HMO health plan for Active Employees, a 12.15% rate increase for Pre-Medicare Eligible Retirees, a 24.75% rate increase for Seniority Plus (Medicare Supplement) Retirees, a 12.15% change for the Health Net Point of Service (POS) for Active Employees and Pre-Medicare Eligible Retirees, and a 22.65% increase for Health Net POSPost-65Retirees effective January 1, 2009 through December 31, 2009, and
  3. Rescinding Resolution No. 63,935–N.S. and Resolution No. 63,936–N.S.

Financial Implications: Payroll Deduction Trust Fund - $610,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,316–N.S. (Kaiser) and Resolution No. 64,317–N.S. (Health Net).  Absent–Wozniak.

10. Final Map of Tract 7915: 1708 Martin Luther King Jr. Way (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7915, a seven (7) unit mixed-use condominium with five (5) residential units and two (2) commercial units, located at 1708 Martin Luther King Jr. Way.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,318–N.S.  Absent–Wozniak.

11. Final Map of Tract 7770: 1035-1049 Virginia Street and 1688 San Pablo Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7915, a nine (9) unit mixed-use condominium with eight (8) residential units and one (1) commercial units, located at 1035-1049 Virginia Street and 1688 San Pablo Avenue.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,319–N.S.  Absent–Wozniak.

12. City of Berkeley Membership in Green Cities California and the Local Government Sustainable Energy Coalition (PDF)
From: City Manager
Recommendation: Adopt two Resolutions:
1.  Authorizing the City of Berkeley to become a member of Green Cities California. 
2.  Authorizing the City of Berkeley to become a member of the Sustainable Energy Coalition.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,320–N.S. to become a member of Green Citites California and Resolution No. 64,321–N.S. to become a member of the Sustainable Energy Coalition.  Absent–Wozniak.

13. Grant: 2008-09 Office of Traffic Safety Sobriety Checkpoint Mini-Grant (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept the Sobriety Checkpoint Mini-Grant, Project Number SC09038, from the Traffic Safety Center (TSC) at the University of California, Berkeley in the amount of $23,278 to fund increased level of sobriety checkpoint enforcement.
Financial Implications: Traffic Safety DUI Enforcement Education Program Fund - $23,278 (revenue)
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,322–N.S.  Absent–Wozniak.

14. Grant and Contract: 2008 Edward J. Byrne Memorial Justice Assistance Grant (JAG) (PDF) 
From: City Manager

Recommendation:
Adopt a Resolution authorizing the City Manager to accept $18,746 in Federal funds from the 2008 Edward J. Byrne Memorial Justice Assistance Grant (JAG) to be used for funding overtime costs associated with violence suppression patrols related to serious violent crimes for a period of approximately 24 months.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,323–N.S.  Absent–Wozniak.

15. Purchase Order: Remote Controlled Bomb Disposal Robot (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a Purchase Order with Remotec Inc. in an amount not to exceed $214,496 to purchase one (1) remote controlled bomb disposal robot.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,324–N.S.   Absent–Wozniak.

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

17. Contract: Darcy and Harty Construction, Inc. for San Pablo Avenue Sanitary Sewer Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution 1) approving plans and specifications for the San Pablo Avenue Sanitary Sewer Project, 09-10351-C; 2) accepting the bid of Darcy and Harty Construction, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $375,496 for the period of 190 calendar days from the date of the execution of the contract.
Financial Implications: Sewer Capital Improvement Fund - $375,496
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,325–N.S.   Absent–Wozniak.

18. Contract No. 6510A Amendment: MACTEC Engineering and Consulting (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract 6510-A with MACTEC Engineering and Consulting, Inc. to provide design and permit preparation services for the 1) Berkeley Landfill Levee Repair Project and 2) geotechnical testing services for the FY 2009 Street Project for an additional amount of $111,150 for a new contract total not to exceed $1,011,869 and maintain the contract period of September 1, 2009.
Financial Implications: Refuse Fund - $71,150 and Capital Improvement Fund - $40,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,326–N.S.  Absent–Wozniak.

19. Contract Amendment: SOHA Engineers for On-Call Structural Engineering Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment with SOHA Engineers (Contract No. 7524), to provide on-call structural engineering services for various capital improvement projects increasing the contract amount by $100,000 for a revised not to exceed amount of $125,000 and maintaining the contract term through December 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,327–N.S.  Absent–Wozniak.

20. Contract: Harris & Associates for Underground Utility Engineering Consulting Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or change orders with Harris & Associates in an amount not to exceed $140,000 to provide underground utility consulting engineering services for Rule 20A Districts for a three-year period from January 1, 2009 through December 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,328–N.S.  Absent–Wozniak.

21. Final Tract Map 7689: 2593 - 2599 Telegraph Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the final map of Tract Map 7689, a six-unit mixed-use condominium project, consisting of two commercial units and four residential units located at 2593 - 2599 Telegraph Avenue.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,329–N.S.   Absent–Wozniak.

22. Final Map of Tract 7888: 2000 Hearst Avenue (PDF) 
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract 7888, a nineteen-unit commercial condominium located at 2000 Hearst Avenue.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,330–N.S.  Absent–Wozniak.

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

24. Human Welfare and Community Action Commission Representatives of the Poor (PDF) 
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution approving representatives of the poor selected at the December 10, 2008 Human Welfare and Community Action Commission (HWCAC) meeting.
Financial Implications: See report
Contact: J Paul Lecky, Chairperson, HWCAC;
Leah Talley, Commission Secretary, 981-5400
Action:  Adopted Resolution No. 64,331–N.S.  Absent–Wozniak.

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

Action Calendar – Public Hearing

26. Fees: Nature Center/Adventure Playground at the Berkeley Marina (PDF) 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution approving new fees for the Nature Center/Adventure Playground at the Berkeley Marina, effective January 13, 2009, and rescinding Resolution No. 63,836–N.S. and all amendatory resolutions.
Financial Implications: Marina Enterprise Fund - $11,360 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Moore/Maio) to close the public hearing.

Action: M/S/C (Moore/Maio) to adopt Resolution No. 64,332–N.S. approving new fees for the Nature Center/Adventure Playground at the Berkeley Marina, effective January 13, 2009.  Vote:  Ayes–Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Absent–Wozniak.

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

Public Testimony: The Mayor opened the public hearing. 1 speaker.  M/S/C (Moore/Anderson) to close the public hearing.

Action: M/S/C (Maio/Moore) to adopt Resolution No. 64,333–N.S. approving a fee increase to launch and recover boats from the Berkeley Marina Small Boat Launch Ramp from $5.00 to $10.00.  Vote: Ayes–Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Absent–Wozniak.

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

Public Testimony: The Mayor opened the public hearing. 2 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Capitelli/Anderson) to adopt:

1) Resolution No. 64,334–N.S. as amended to approve new fees and increase current fees for select parks and recreation programs and facilities and limiting the increase to 20% for existing non-profit tenants, effective January 14, 2009, and rescinding Resolution No. 64,205–N.S. and all amendatory resolutions (Vote:  Ayes-Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Bates; Abstain-Arreguin; Absent–Wozniak); and

2) Resolution No. 64,335–N.S. approving a new recreation scholarship policy for recreation programs and facilities, and rescinding Resolution No. 64,206–N.S. and all amendatory resolutions. (Vote  Ayes–Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Bates; Abstain-Arreguin; Absent–Wozniak).

Action Calendar – Old Business

29. Joint Workshop with Berkeley and Oakland City Councils on Community Choice Energy (continued from December 16, 2008) (PDF)
From: Councilmembers Worthington and Anderson
Recommendation:
Approve participation in a joint workshop, in early 2009, on Community Choice Energy with the Oakland City Council.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Max Anderson, Councilmember, District 3, 981-7130
Action: Removed from agenda and referred to the Agenda Committee.

30. ZAB Appeal: 1540 Shattuck Avenue (continued from December 16, 2008) (PDF) 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 03-10000048 for a new wireless telecommunications facility (with ten antennas and related equipment) for Verizon Wireless Communications at 1540 Shattuck Avenue, and dismiss the appeal of this decision.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action: No action taken.  Continued to January 27, 2009.  Absent–Arreguin, Wozniak.

31. ZAB Appeal: 1725 University Avenue (continued from December 16, 2008) (PDF) 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000020 for a new wireless telecommunications facility (with eight antennas and related equipment) for T-Mobile Wireless at 1725 University Avenue, and dismiss the appeal of this decision.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action: No action taken.  Affirmed the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000020 for a new wireless telecommunications facility (with eight antennas and related equipment) for T-Mobile Wireless at 1725 University Avenue, and dismissed the appeal of this decision by operation of law pursuant to B.M.C. § 23B.32.060.  Recused–Maio;  Absent–Arreguin, Wozniak.

Information Reports

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

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

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

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

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

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

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

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

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

Public Comment – Including Items Not Listed on the Agenda – 0

Adjournment – 8:55 p.m.

Communications

Parking Meter Ordinance
1.   Carolyn Del Gaudio

Public Transit Plans
2.   Arin Weitzman

1820 Solano Avenue
3.   James Gould

Public Safety Overtime
4.   Barbara Gilbert

Nonfunctioning Elevator – Referred to City Manager by Councilmember Arreguin.
5.   Joan Torykian

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

Supplemental Communications and Reports 1

Item 30: ZAB Appeal: 1540 Shattuck Avenue
7.   Paul Albritton, Mackenzie & Albritton LLP

Item 30: ZAB Appeal: 1725 University Avenue
8.   P. Robert Beatty
9.   Wendy Alfsen
10.  Erica Etelson

Supplemental Communications and Reports 2

Item 31: ZAB Appeal: 1725 University Avenue
11.  Meave O’Connor
12.  Summer Brenner
13.  Michael Weber
14.  Laurie Baumgarten