Regular Meeting Annotated Agenda
April 21, 2009

Printer-friendly PDF* annotated 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.

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ANNOTATED 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


Preliminary Matters

Roll Call:  7:03 p.m.  All present.

Ceremonial Matters: 

  1. Fair Employment Act
  2. Fair Housing Month
  3. Ying Lee
  4. Blair Underwood
  5. Zach Price

City Manager Comments: None

Public Comment on Non-Agenda Matters: 3

Public Comment on Consent Calendar and Information Items Only: 13

Consent Calendar

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

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
Action:  Adopted Resolution No. 64,389–N.S.

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
Action:  Adopted Resolution No. 64,390–N.S.

Consent Calendar

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
Action: Adopted second reading of Ordinance No. 7,074–N.S.

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 reportZ
First Reading Vote: All ayes.
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted second reading of Ordinance No. 7,075–N.S.

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
Action: Adopted second reading of Ordinance No. 7,076–N.S.

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
Action:  Approved minutes as submitted.

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
Action:  Adopted first reading of Ordinance No. 7,077–N.S.  Second reading scheduled for May 5, 2009.

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
Action:  Adopted Resolution No. 64.391–N.S.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,392–N.S.

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
Action:  Adopted Resolution No.64,393–N.S.

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
Action:  Adopted first reading of Ordinance No. 7,078–N.S.  Second reading scheduled for May 5, 2009.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,394–N.S.

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
Action:  Adopted Resolution No. 64,395–N.S.

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
Action:  Adopted Resolution No. 64,396–N.S.

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
Action:  Adopted Resolution No. 64,397–N.S.

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
Action:  Adopted Resolution No. 64,398–N.S.

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
Action:  Adopted Resolution No. 64,399–N.S.

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
Action:  Adopted Resolution No. 64,400–N.S.

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
Action:  Adopted Resolution No. 64,401–N.S.

22. Contract No. 7812 Amendment: Phil Singer Landscape Architects – Gilman Street Fields, Phase II Design (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
Action:  Adopted Resolution No. 64,402–N.S.

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
Action:  Adopted Resolution No. 64,403–N.S.

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
Action:  Adopted Resolution No. 64,404–N.S.

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
Action:  Adopted Resolution No. 64,405–N.S.

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
Action:  Adopted first reading of Ordinance No. 7,079–N.S.  Second reading scheduled for May 5, 2009.

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
Action:  Adopted Resolution No. 64,406–N.S.

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
Action:  Adopted Resolution No. 64,407–N.S.

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
Action:  Adopted Resolution No. 64,408–N.S.

30. Sewer System Management Plan (PDF)
SEWER SYSTEM MANAGEMENT PLAN BINDER -submitted to City Clerk on 5/1/09

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
Action:  Adopted Resolution No. 64,409–N.S. Abstain: Arreguin.

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
Action:  Adopted Resolution No. 64;410–N.S.

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
Action:  Adopted Resolution No. 64,411–N.S.

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
Action:  Adopted Resolution No. 64,412–N.S.

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
Action:  Adopted Resolution No. 64,413–N.S.

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
Action:  Continued to May 5, 2009.

 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
Action:  Adopted Resolution No. 64,414–N.S.

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
Action:  Approved recommendation. 

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
Action:  Adopted Resolution No. 64,415 –N.S.

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
Action:  Adopted Resolution No. 64,416 –N.S. Noes - Wozniak

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
Action:  Adopted Resolution No. 64,417 –N.S. Abstain - Wozniak

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
Action:  Approved recommendation.

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
Action:  Approved recommendation.

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 Budget 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
Action:  Adopted Resolution No. 64,418–N.S.

44. Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival (PDF)
From: Councilmembers Anderson, Moore, Arreguin 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
Action:  Continued to May 5, 2009.

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
Action:  Adopted Resolution No. 64,419–N.S.

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
Action:  Approved recommendation revised to read as follows:

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. The groundwater clean up should consider that the public will need to use this valuable resource in the future.

47. Urging Berkeley Restaurants to Remove Foie Gras from their Menus (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
Action:  Adopted Resolution No. 64,420–N.S. revised to remove reference to Chicago and to include a list of restaurants in Berkeley that have removed foie gras from their menus.

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
Action:  Adopted Resolution No. 64,421–N.S.

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
Action:  Approved recommendation as amended to include investigation of possible current installation of conduits.

 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
Action:  Approved recommendation as amended to require proof of a primary residence in Berkeley. Noes - Worthington.

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
Action:  Approved recommendation.

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:  Approved recommendation.

Action Calendar – Public Hearing

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

Public Testimony: The Mayor opened the public hearing. 31 speakers.  M/S/C (Wozniak/Capitelli) to close the public hearing. Absent: Arreguin and Worthington.

Action: Discussion held.  No action taken.  Continued to May 5, 2009.

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

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

Action: M/S/C (Moore/Maio) to adopt Resolution No. 64,422–N.S.

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

  1. 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.

City Manager to return to Council with an Information Report detailing employment procedures pertaining to the Weatherization Assistance Program.

Vote:  All Ayes

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

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

Action: M/S/C (Worthington/Wozniak) to adopt Resolution No. 64,423–N.S. 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.

Vote:  All Ayes

Action Calendar - New Business

56. Refuse Collection Rate Increase (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
Action: M/S/C (Maio/Capitelli) to:

1.      Adopt Resolution No. 64,424 –N.S. establishing 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 July 7,2009 and send notifications as required by State law in order that City Council may adjust refuse collection rates on that date, effective July 7, 2009.

Vote:  All Ayes

Recess: 10:08 p.m. – 10:16 p.m.

57.   Climate Action Plan

Climate Action Plan Booklet (PDF)

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

Action: Public comment heard and discussion held.  Continued to May 5, 2009.

Councilmember Anderson exited the meeting: 11:56 p.m.

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

Action:  Continued to May 5, 2009.

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

Action:  Moved to Consent Calendar.  City Council to issue proclamation declaring Diane Griffin Day, and thanking her for helping identify overcharges, thereby saving taxpayers approximately $289,000.

Information Reports

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

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

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

63. Quarterly Report: Crime in Berkeley (PDF)
From: City Manager
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Received and filed.  Referred to Agenda Committee.


Public Comment – Including Items Not Listed on the Agenda –

Adjourned at 12:15 a.m. in honor of Ruby Harmon


Communications

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 – Referred to City Manager by Councilmember Worthington
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


Supplemental Communications and Reports 1

Item 18: Supplemental Military Leave Compensation Policy
13. Gordon Wozniak, District 8

Item 20: Grant Application: Environmental Enhancement and Mitigation Program – Caltrans – Tree Planting Project in Berkeley
14. Gordon Wozniak, District 8

Item 25: Contract No. 7189 Amendment:  Vehicle Storage and Towing Services
15. Gordon Wozniak, District 8

Item 37: Pacific Steel Casting Court Action on Odor Management Plan
16. Gordon Wozniak, District 8

Item 39: Support for AB 1288 - Employment Acceleration Act of 2010
17. Gordon Wozniak, District 8

Item 40: Opposition to Proposition 1A of 2009
18. Gordon Wozniak, District 8

Item 46: Stimulus Funds for Lawrence Berkeley Lab Remediation
19. Mark Chekal-Bain, Lawrence Berkeley National Laboratory

Item 47: Urging Berkeley Restaurants to Remove Foie Gras from their Menus
20. Gordon Wozniak, District 8

Item 56: Refuse Collection Rate Increase
21. Gordon Wozniak, District 8

Item 57: Climate Action Plan
22. Nancy Klein
23. Barbara Gilbert (3)
24. Walter Wood
25. Lee Schipper (2)
26. Katherine Bowman
27. Dan Alexander
28. Michael Wilson
29. Richard Ehrenberger
30. Harold Arnold
31. Elizabeth Scherer
32. Kathleen Rupley
33. Phil Morton
34. WZSEBEAR1@***
35. Len Conly and Hank Resnik
36. Toni Mester
37. Barbara Bell
38. James Chao
39. Tom Kelly
40. Erin Rhoades, on behalf of Livable Berkeley
41. Jerry Landis
42. Fredrica Drotos
43. Susan Davidson
44. Moira Moniz
45. Lisa Bullwinkel
46. ajaad@***
47. Jeanne Mullen
48. James Paxson
49. Bart Selden
50. Meave O’Connor
51. Carli Paine, on behalf of TransForm
52. Erica Cleary

Item 58:Proposed Sweatshop Free Ordinance
53. Chia Hamilton
54. Jane Eiseley
55. Sydney Vilen
56. Norma Harrison
57. Carolyn Scarr
58. Claire Sarraille
59. Sara Church
60. Laurie Leiber
61. Gordon Wozniak, District 8

Item 59: Declaring Diane Griffin Day, and Thanking Her for Helping Save Taxpayers $289,000 in Overcharges
62. Gordon Wozniak, District 8

Item 63: Quarterly Report: Crime in Berkeley
63. Jay Tharp

Towing Incident
64. Richard Ehrenberger


Supplemental Communications and Reports 2

Item 22: Contract No. 7812 Amendment: Phil Singer Landscape Architects – Gilman Street Fields, Phase II Design
-   
Revised materials, submitted by Public Works (see agenda item)

Item 47: Urging Berkeley Restaurants to Remove Foie Gras from their Menus
-    Revised materials, submitted by Councilmember Arreguin, District 4 (see agenda item)

Item 49: Installation of Conduit for Future Fiber Optic Cables
65. City Manger’s Office

Item 53: Allocation of Funds for Community Agencies for FY2010 and Submission of the Fifth Year Annual Action Plan
66. Rigoberto Caloca-Rivas, on behalf of Multicultural Institute
67. Kristy Feck, on behalf of Toolworks, Inc.
68. Jane Stillwater
69. Unknown

Item 56: Refuse Collection Rate Increase
-    Presentation, submitted by City Manager’s Office (see agenda item)

Item 57: Climate Action Plan
-     Presentation, submitted by Energy & Sustainable Development (see agenda item)
70. Councilmember Maio, District 1
71. Councilmember Worthington, District 7
72. City Planning Students of UC Berkeley
73. Shirley Dean
74. Harry Delmer
75. Robert Lauriston
76. Marsha Feinland
77. Diana Christensen
78. Phil Morton

Item 58: Proposed Sweatshop Free Ordinance
79. Sarah Church, on behalf of Progressive Jewish Alliance
80. Cynthia Johnson
81. Dave Graham-Squire
82. Igor Tregub