Regular Meeting Annotated Agenda
July 14
, 2009

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 14, 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: 7:01 p.m.  Absent: Councilmembers Moore and Worthington.  Councilmember Worthington present at 7:02 p.m.  Councilmember Moore present at 7:40 p.m.

Ceremonial Matters: 

  1. Margaret Kirkpatrick
  2. Resources for Community Development

City Manager Comments:  National Night Out – August 4, 2009

Public Comment on Non-Agenda Matters: 5 Speakers. 

Public Comment on Consent Calendar and Information Items Only: 13 Speakers.

Consent Calendar

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

1. Repeal and Reenact BMC Chapter 17.12 - Flood Zone Development Ordinance (pdf) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,104-N.S. to repeal and reenact Chapter 17.12 of the Berkeley Municipal Code regulating flood zone development, to comply with current National Flood Insurance Program requirements. 
Financial Implications: See report.
First Reading Vote:  All Ayes
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,104–N.S.

2. Zoning Ordinance Revisions to Encourage Economic Development in the Downtown (pdf)
From: Planning Commission
Recommendation: Adopt second reading of Ordinance No. 7,105–N.S. with amendments to Berkeley Municipal Code Sections 23E.68.030, 23E.68.040, and 23E.16.040 that would help reduce the cost and time required to change or establish revenue-generating uses in the Downtown. 
First Reading Vote:  Ayes – Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Wozniak, Mayor Bates; Noes – Worthington
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400
Action: Adopted second reading of Ordinance No. 7,105–N.S.

3.   **Removed from Agenda per City Manager**Minutes for Approval

4. Adoption of Revised Citywide Records Retention Schedule (pdf)
From: City Manager
Recommendation: Adopt a Resolution approving a revised Citywide Records Retention Schedule in compliance with the City's Records Management Program, and rescinding Resolution No. 62,128–N.S.
Financial Implications: See report.
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Adopted Resolution No. 64, 546–N.S.

5. Acceptance of 2009 Federal Earmarks (pdf) 
From: City Manager
Recommendation: Adopt 3 Resolutions authorizing the City Manager to:

1.      Accept one-time FY 2009 federal earmark funds from the Small Business Administration in the amount of $147,386 to implement the East Bay Green Jobs Pilot Project of the East Bay Green Corridor Partnership for the period September 1, 2009 to August 30, 2010; to execute the resultant expenditure agreements, sole-source contracts and any amendments and extensions with a. East Bay Economic Development Alliance, b) Rising Sun Energy Center, c) Oakland Green Jobs Corps, and d) Richmond Build; and

2.      Accept one-time FY 2009 federal earmark funds from the Federal Emergency Management Agency (FEMA) in the amount of $750,000 ($250,000 match requirement) to be used to fund seismic hazard mitigation activities at the Veterans Memorial Building and submit an application to the funding Federal agency.

3.      Accept one-time FY 2009 federal earmark funds from the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) in the amount of $95,000 to fund the BE A STAR Program and submit an application to the funding Federal agency. 
Financial Implications: 
Contact: Lisa Caronna, Deputy City Manager, 981-7000
Action:  Adopted Resolution No. 64,547–N.S.; Resolution No. 64,548–N.S. and Resolution No. 64,549–N.S.

6. Contract No. 7187 Amendment: City of Inglewood - Parking Citation Administration Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7187 with the City of Inglewood for parking citation administration services to extend the term for a two-year period of November 1, 2009 through October 31, 2011.
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000
Action:  Adopted Resolution No. 64,550–N.S.

7. Contract: The Berkeley Alliance (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Berkeley Alliance (The Alliance) to provide administrative support and project services for a partnership endeavor with the Berkeley Unified School District (BUSD) and UC Berkeley not to exceed $61,800 for the period July 1, 2009 to June 30, 2010.
Financial Implications: See report
Contact: Lisa Caronna, Deputy City Manager, 981-7000
Action:  Adopted Resolution No. 64,551–N.S.

8. Contract: Downtown Berkeley YMCA (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $244,962 for fitness center memberships for City employees for the period July 1, 2009 through June 30, 2010.
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
Action:  Adopted Resolution No. 64,552–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 - $7,048,353
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

10. Increase the Maximum Household Very Low-Income Level from $34,450 to $35,700 to Qualify for City Tax and Fee Refunds, Animal License Fee Waiver, and Community Service Eligibility (pdf) 
From: City Manager
Recommendation: Adopt a Resolution establishing the maximum income level for 1-2 person households in order to qualify for the Very Low Income (VLI) exemption from specified local taxes and fees, Animal Licensing fee waiver, and Community Service eligibility at $35,700 effective July 1, 2009; and rescinding Resolution No. 64,091–N.S.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,553–N.S.

11. Side Letter – Berkeley Fire Fighters Association (pdf) 
From: City Manager
Recommendation: Adopt a Resolution to authorize the City Manager to:  1) execute and implement a Side Letter of Agreement with the Berkeley Fire Fighters Association /I.A.F.F. Local 1227 to modify Section 10.1.5 of the Memorandum Agreement to reduce the June 28, 2009 cost of living adjustment from three percent (3%) to two percent (2%), 2) provide a cost of living adjustment of one and one-third percent (1.33%) on December 27, 2009, and 3) amend Resolution No. 63,858-N.S. (Classification and Salary Resolution for the Berkeley Fire Fighters Association) to change the salary ranges to reflect the modifications set forth in the Side Letter of Agreement.
Financial Implications: See report
Contact: David Hodgkins, Human Resources, 981-6500
Action:  Adopted Resolution No. 64,554–N.S.

12. Contract No. 7747 Amendment: The Active Network - Registration Software for Recreation Programs (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7747 with The Active Network for an additional amount of $86,500 for a total contract amount not to exceed $120,000 for the term of July 15, 2009 through July 14, 2010.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,555–N.S.

13. Contract No. 7650 Amendment: Delta Bus Services for Echo Lake and Teen Youth Camp Participants (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to contract no. 7650 with the Delta Charter Service, Inc. for bus transportation for Echo Lake and Teen Youth Camp participants to increase the amount by $37,425 for a total not-to-exceed amount of $74,850 for the period ending June 30, 2010.
Financial Implications: Playground Camp Fund - $74,850
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,556–N.S.

14. Grant: CA Department of Fish and Game - Oil Spill Response (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant of $25,000 from the California Department of Fish and Game Office of Spill Prevention and Response (OSPR) to purchase emergency oil spill response equipment and rescinding Resolution No. 64,362–N.S.
Financial Implications: Marina Operations/Maintenance Fund - $25,000 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,557–N.S.

15. Waiver of City’s Living Wage Ordinance to the East Bay Regional Park District for the Gilman Wetland Mitigation Agreement (pdf) 
From: City Manager
Recommendation: Adopt a Resolution approving a waiver of the Living Wage Ordinance requirements to the East Bay Regional Park District in order to execute the Gilman wetland mitigation funding agreement.
Financial Implications: None.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,558–N.S.

16. EPA Climate Showcase Communities Grant Application (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant and execute an agreement and any amendments for the Climate Action Indicators project, an effort to enhance the City’s ability to monitor and report on implementation of the Climate Action Plan (CAP), from the U.S. Environmental Protection Agency (EPA) in the amount of approximately $87,000 for the approximate period from January 1, 2010 through June 30, 2011.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,559–N.S.

17. Solar Grant Application (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit grant proposals and execute agreements for the solar projects from the US Department of Energy in the amount of approximately $274,000 for the approximate period from September 1, 2009 through August 30, 2011.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,560–N.S.

18. Revenue Contract: Alameda County (AC) Transit for Bus Rapid Transit-Locally Preferred Alternative (pdf)
From: City Manager
Recommendation: Adopt 3 Resolutions authorizing the City Manager to

  1. Execute a contract and any amendments with AC Transit to provide the City for up to $60,000 for staff time and materials to be spent, and reimburse $74,000 for previous City consultant expenses spent developing a Locally Preferred Alternative (LPA) for the East Bay Bus Rapid Transit (BRT) project; and
  2. Amend the Not To Exceed amount by $33,000 of Contract No. 7858 with Fehr & Peers for a new not to exceed of $58,000, and
  3. Amend the Not To Exceed amount of Contract No. 7757A with Nelson/Nygaard by $41,000 for a new Not To Exceed of $91,000 to allow the AC Transit funds to replenish the contracts for costs incurred.

Financial Implications: Revenue - $134,000
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,561–N.S.; Resolution No. 64,562–N.S. and Resolution No. 64,563–N.S.

19. Donation of Police Equipment (pdf) 
From: City Manager
Recommendation: Adopt Resolution authorizing the City Manager to donate police vehicular equipment to the Berkeley Boosters Association.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,564–N.S.

20. Contract: Blackshear Construction for Design-Build Architect-Engineering Services for Fire Department Warehouse (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Blackshear Construction, a Design-Build entity, to provide design and construction services for the Fire Department Warehouse at 1011 Folger Avenue, in the amount of $1,000,000, for all services and reimbursable expenses.
Financial Implications: Measure Q Fund - $1,000,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,565–N.S.

21. Estuary Habitat Restoration for Salmonids Study Project on Subtidal Bay Shallows Adjacent to Cesar Chavez Park (pdf)
From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to:

1.      Negotiate and execute an agreement and amendments with the Marin Rod and Gun Club (MRGC) to partner in the Habitat Restoration for Salmonids Study Project (Project) on subtidal bay shallows adjacent to Cesar E. Chavez Park), and

2.       Prepare, execute, and submit a Joint Aquatic Resources Permit Application (JARPA) as a co-applicant with the MRGC, to appropriate regulatory agencies (Army Corps of Engineers, SF Bay Regional Water Quality Control Board, California Department of Fish and Game, Bay Conservation and Development Commission and others.) for the Project.

Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,566–N.S.

22. Contract 6822 Amendment: Balance Hydrologics, Inc for Watershed Management Planning (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6822 with Balance Hydrologics, Inc. (Balance Inc.) to provide watershed modeling and technical support services for the development of the Watershed Management Plan (WMP), increasing the current $100,000 contract to $250,000, and extending the contract period to December 31, 2010.
Financial Implications: Clean Stormwater Fund  - $150,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,567–N.S.

23. Berkeley Way Traffic Barrier Between MLK Jr. Way and Grant Street (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the installation of a full traffic barrier on Berkeley Way, west of Martin Luther King, Jr. Way, to be designed, constructed, and fully funded by Hudson McDonald Developers.
Financial Implications: No City Funds.
Contact: Claudette Ford, Public Works, 981-6300
Action:  Continued to July 23, 2009.

24. Ohlone Greenway Pathway and BART Seismic Retrofit Project (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute two (2) agreements with BART: 1) Right of Entry (ROE) Agreement to allow BART to enter City property to perform seismic retrofit work and restore the Ohlone Greenway Pathway, which includes City provision of $36,000 as a cost-share for city-requested "betterments"; and 2) License Agreement which governs the ongoing maintenance activities of the City and BART in the project area.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,568–N.S.

25. Recess Authority: Phase Two: University Ave. Sewer Rehab and Three Phases of University Ave Reconstruction Project (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to approve during Council recess projects and contracts for University Avenue Sewer Rehabilitation Phase 2, and three phases of the University Avenue Reconstruction Project:  1) San Pablo to Sacramento; 2) Sacramento Street to McGee Avenue; and 3) 4th Street to 6th Street.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,569–N.S.

26. Contract: Gallagher & Burk, Inc. for Street Rehabilitation FY 2009 Project (pdf)
From: City Manager
Recommendation: Adopt a Resolution 1) approving plans and specifications for the Street Rehabilitation FY 2009 Project, REBID-09-10380-C; 2) accepting the bid of Gallagher & Burk, 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 $1,752,739.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,570–N.S.

27. Final Map of Tract 7814: 2831 Seventh Street (pdf)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7814, a three-unit commercial and four-unit residential condominium located at 2831 Seventh Street.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,571–N.S.

28. Contract: Lineation Markings Corporation for Roadway Thermoplastic Markings (pdf)
From: City Manager
Recommendation: Adopt a Resolution 1) approving plans and specifications for the Roadway Thermoplastic Markings Project, 09-10396-C; 2) accepting the bid of Lineation Markings Corporation; and 3) authorizing the City Manager to execute a contract and any amendments with Lineation Markings Corporation in an amount not to exceed $750,000 to provide and install thermoplastic roadway markings for a period of three years.
Financial Implications: Traffic Congestion Relief Fund (Prop 42) - $250,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,572–N.S.

Council Consent Items

29. Supporting a Constitutional Amendment to Implement an Equitable Split-Roll Property Tax (pdf) 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting a constitutional amendment to implement an equitable split-roll property tax and urging Berkeley’s representatives in the California Senate and Assembly to continue to work to modify the definition of a “change of ownership” for commercial property.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 64,573–N.S.

30. Referral to City Manager: Naming of I-80 Bridge in Honor of Dona Spring (pdf) 
From: Councilmember Arreguin
Recommendation: Refer to the City Manager the naming of the Eastshore Pedestrian Overcrossing ("I-80 bridge") in honor of former Councilmember Dona Spring.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Continued to July 23, 2009.

31. Support Senate Resolution 187 to Prevent Violence Against Abortion Providers (pdf) 
From: Councilmember Worthington
Recommendation: That the City Council urge the Senate to pass a Resolution to reject the use of violence against women's health care providers.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation as revised to read as follows: That the City Council urge the Senate to pass a resolution to condemn the use of violence against providers of health care services to women.

32. City Sponsorship Of The 8th Annual And Future Peace Lantern Ceremonies (pdf) 
From: Councilmember Worthington
Recommendation: That the City of Berkeley sponsor the 8th Annual Peace Lantern Ceremony held in Aquatic Park on Saturday, August 8, 2009, and sponsor the annual event in future years.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,574–N.S. as amended to refer funding allocation of up to $200 to the City Manager.

33. Parole Commission Letter to Release Leonard Peltier (pdf) 
From: Councilmembers Worthington, Arreguin, and Anderson
Recommendation: That the Berkeley City Council send a letter to the United States Parole Commission encouraging them to grant Leonard Peltier parole at his July 28, 2009 hearing.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.  Abstain: Wozniak.

34. Feasibility of Reducing Parking Violation Late Payment Penalties (pdf)
From: Councilmembers Wozniak and Moore
Recommendation: Ask the City Manager to look into the feasibility of:  A) Reducing the parking violation 28 day and 47 day late payment penalties from the current rates +$30 and +$50 to +$20 and +$20, respectively. B) Extending the payment period from 21 days to 28 days C) Extending the date of the second violation fine increase from current 47 days to 60 days. It is requested that the City Manager analyze the potential fiscal impacts of the proposed change in late payment violations and report back to the council by October 2009.
Financial Implications: Unknown
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Approved recommendation as revised to refer to the City Manager to return with information regarding the impact on certified low-income residents.

Action Calendar – Public Hearing

35. Fees: Transfer Station (pdf)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution increasing rates and fees at the Transfer Station; and rescinding sections 21-23 of Resolution No. 63,355–N.S. and Resolution No. 64,078–N.S., effective August 1, 2009.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Maio/Moore) to adopt Resolution No. 64,575–N.S. 

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Wozniak, Bates.  Absent : Capitelli and Worthington.

36. North Shattuck Business Improvement District (pdf)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt two Resolutions: 1) Confirming the Annual Report of the North Shattuck Business Improvement District (NSBID) for Fiscal Year 2009 and levying assessments in the District for Fiscal year 2010 and upon approval 2) Authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan and approve the Work Plan for the NSBID.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Arreguin/Maio) to close the public hearing.

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

1.     Resolution No. 64,576–N.S. confirming the Annual Report of the North Shattuck Business Improvement District (NSBID) for Fiscal Year 2009 and levying assessments in the District for Fiscal year 2010 and upon approval

2.     Resolution No. 64,577–N.S authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan and approve the Work Plan for the NSBID.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates.  Absent: Capitelli.

37. Assessments: Telegraph Property And Business Improvement District (pdf) 
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, if no majority protests exists, adopt a Resolution confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2009 and levying assessments in the District for FY 2010.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Wengraf) to close the public hearing.
Action: M/S/C (Worthington/Moore) to adopt Resolution No. 64,578–N.S.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates.  Absent: Capitelli.

38. Renewal: Elmwood Theater Business Improvement Area Assessments (pdf)
From: Elmwood Advisory Board
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt a Resolution to confirm the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2009 and levy assessments in the Area for FY 2010.
Financial Implications: See report
Contact: Dave Fogarty, Commission Secretary, 981-7000

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Wengraf/Maio) to close the public hearing.

Action: M/S/C (Maio/Worthinton) to adopt Resolution No. 64,579–N.S.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Wengraf, Worthington, Wozniak, Bates.  Absent: Capitelli.

Recess: 8:50 p.m. – 9:02 p.m.

Action Calendar – Old Business

39. Downtown Area Plan: EIR Certification & CEQA Findings; Adoption of General Plan Amendments; and Adoption of Downtown Area Plan (Continued From July 7, 2009) (pdf) 
Downtown Area Plan - Supplemental Agenda Material (pdf)
From: City Manager
Recommendation: 

1. Adopt Resolution certifying EIR 

2. Adopt Resolution amending General Plan to incorporate the Downtown Area Plan and adopt the Downtown Area Plan and required CEQU findings. 

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

Action: 24 Speakers. 

1.   M/S/C (Maio/Capitelli) to adopt Resolution No. 64,580–N.S. certifying EIR and making required CEQA findings.

Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Abstain: Arreguin.

2.  M/S/C (Maio/Capitelli) to adopt Resolution No. 64,581–N.S. adopting CEQA findings and Downtown Area Plan as revised to reflect the following:

  • Policy ES-2.5 - Develop a model “net-zero energy” affordable housing and green demonstration project on the City-owned Berkeley Way parking lot site (see Policies LU-2.2 & HC-4.2), with a level of underground parking if feasible, or require developer to contribute to the construction of public parking at a nearby location in the Downtown, with the goal of not reducing the overall number of off-street parking spaces (see Policy AC-1.3 & Policy HC-5.).
  • Policy ES- 4.1: Energy Efficiency & Generation: Promote highly energy-efficient buildings and on-site energy generation through design and construction techniques.  Buildings in excess of 85 feet should provide significant community benefits in this regard, beyond what would otherwise be required (see Land Use Policy 8.2).

For new construction and substantial renovations.   Require energy efficiencies above State of California Title 24 design standards and develop appropriate standards that incorporate LEED energy prerequisites or equivalent.  Encourage additional energy efficiency and generation features. Establish an overall building performance standard of LEED Gold or equivalent (see Policy ES-4.2), such as the Greenpoint rating system for residential construction with LEED Platinum as a goal. 

For new construction and substantial renovations, require buildings to be rated as LEED Gold or its equivalent, such as by using the Greenpoint rating system for residential construction.  with LEED Platinum as a goal.  Provide incentives for even higher levels of environmental performance (see also LU–8.2).  Also establish preferred development practices through amendments to the Downtown Design Guidelines (see Policies HD-4.1, HD-4.2, and HD-4.4) and, where appropriate, through revised Zoning provisions.  Coordinate Downtown initiatives with the development of citywide provisions. 

a) Establish provisions that require that buildings proposed to exceed 85 feet in height must be found to provide significant community benefits in excess of any requirements in the following benefit areas:  Green Building (see Policies ES-4.1 to ES-4.8), Open Space (see Policy OS-3.1), Transportation Demand Management (see Policies AC-1.3, AC-3.1 & AC-3.2), Employment (see Policies ED-1.9 & ED-8.1), and Affordable Housing (see Policy HC-4.2).  Table LU-2 provides examples of possible community benefits, 

b) In addition to typical requirements for taller buildings, hotel projects shall be LEED Gold with LEED Platinum as a goal.  Community benefits could include – but are not limited to – the non-site specific recommendations of the "Task Force on a Downtown Hotel/Conference Center" (April 2004), such as: maintaining the highest standards for design; constructing and operating according to green building principles; emphasizing alternative transportation modes for patrons and employees; and encouraging a local labor force and fair wages (see Policy ED-1.9).

Affordable Housing & Supportive Services

  1. Provision of below market rate units beyond the percentage required
  2.  Provision of below market rate units affordable to lower income tenants beyond that otherwise required
  3. Payment of affordable housing impacts fees beyond those required
  4. Payment of childcare impact fees beyond those required
  5. Provision of child care facilities for residents or employees of a project unless such facilities are provided in return for a density bonus
  6. On-site supportive services provided, such as those designed for homeless, formerly homeless, and/or disabled tenants
  7. Universal-access units in excess of requirements
  8. Units large enough to accommodate families

Green Buildings & Open Space (OS)

  1. Green building provisions beyond those required
  2. Contributions towards recycling service for multifamily buildings
  3. Participation in shared energy efficiency & energy generation facilities
  4. Adaptive reuse and restoration of historic structures (consistent with Secretary of Interior Standards)
  5. On-site plazas and midblock walkways for public enjoyment
  6. On-site stormwater retention features beyond what is required
  7. Payment of fees for district-level stormwater quality improvements exceeding those required
  8. Payment of fees for street & OS improvements exceeding those req’d
  9. Green roofs
  10. Community gardens
  11.  

Transportation Demand Management Improvements

  1. Car share pods
  2.  Car share subsidies for residents/employees
  3. Plug-in facilities for electric vehicles & hybrids
  4. Bicycle facilities (secure parking, lockers and/or showers)
  5. Bike share kiosks

- Public parking facilities and/or parking fees exceeding req’ts and as part of a Consolidated Parking/TDM Program

− Passenger drop-offs should occur at the end of the block(s).

on-site stormwater retention features (see Policies under Goals ES-5 & OS-2).

 

and amending General Plan to incorporate the Downtown Area Plan.

Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin and Worthington.

40.   Repeal and Reenactment of Berkeley Municipal Code Chapter 9.32 - Massage Therapy Establishments (PDF) (Continued from July 7, 2009)
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Chapter 9.32 of the Berkeley Municipal Code (BMC).
Financial Implications: None
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  6 Speakers.  Continued to July 23, 2009. 

41. City Manager Referral: Minor Encroachments to the Public Right of Way (Continued from July 7, 2009) (pdf)
From: Councilmembers Capitelli, Wengraf and Anderson
Recommendation: Referral to the City Manager:

1.      Propose a revision to BMC 16.18 that would streamline and simplify the granting of encroachment permits for residential properties under certain circumstances, excluding the city right of ways designated as pathways;

2.   Make enforcement of minor encroachments into the public right of way a low enforcement priority for City staff, with the exception of safety hazards, such as but not limited to sight-line impairments and ADA accessibility until new regulations are developed for approval of encroachment permits (as discussed in this item) and

3.   Insure that the Public Works Commission and any other appropriate commissions review any such regulations.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Continued to July 23, 2009.

42.   Street Repair Policy Update and Permeable Paver Trial Project

a. From: Public Works Commission (pdf)
Recommendation:
Adopt a Resolution accepting the update of the City’s Street Repair Policy, including the Five-Year Street Paving Plan for FY 2010-2014. Approve the allocation of up to 15% discretionary funding in FY 2010 for a trial installation of permeable paving materials that help attain the goals of the “Climate Action Plan” by addressing multiple demands on City’s street and sidewalk infrastructure that are environmentally sustainable, economically efficient, and effective in the long term.
Financial Implications: 
Contact: Jeff Egeberg, Commission Secretary, 981-6300

b. From: City Manager (pdf)
Recommendation:
Select one of the following options:

1.      Accept the recommendation from the Public Works Commission to

         a.Update the City’s Street Repair Policy, including the Five-Year Street Paving Plan for FY 2010 to FY 2014; and

         b.Allocate up to 15% of the FY 2010 adopted street paving budget for a trial installation of permeable paving materials on City street projects; or

2.    Accept the recommendation from the Public Works Commission to

        a.Update the City’s Street Repair Policy, including the Five-Year Street Paving Plan for FY 2010 to FY 2014, and

        b.Direct staff to:

                i.      Delay any trial installation of permeable paving materials until after completion of projects currently programmed for FY 2010; and

                ii.      Return in a year with an analysis of funding alternatives and appropriate projects for alternative paving materials and a recommendation for a feasible percentage of capital funds to be allocated for permeable paving projects.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action: Continued to September 22, 2009.

Action Calendar – Council Items

43. Support SCA 21 Authored by State Senators Leland Yee and Roy Ashburn (pdf)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Senate Constitutional Amendment (SCA) 21, authored by State Senators Leland Yee and Roy Ashburn, to amend the state constitution to remove the autonomy of the UC Regents from legislative authority helping bring greater transparency and accountability to the UC system.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Continued to July 23, 2009.

44. Transportation of Demolition Debris from Bevatron at Lawrence Berkeley National Laboratory (pdf)
Revised Agenda Material (pdf)
From: Councilmembers Arreguin and Anderson
Recommendation:  Request that the Lawrence Berkeley National Laboratory (LBNL):

1.      Provide information on the schedule for hauling material from the demolition of the Bevatron including the number of days out of the week and the hours of the day that material will be transported, as well as a map of the proposed hauling routes.

2.      Consider rerouting trucks so as to minimize impacts on residents and businesses as much as possible.

3.      Consider requiring trucks to transport material late at night or during the early morning so as to minimize disruption to residents and businesses.

4.      Request that LBNL consider compensating the City of Berkeley for the impacts that the 4,700 truck trips will have on our streets.

Financial Implications: None

Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Action: 14 Speakers M/S/C (Arreguin/Maio) to approve Councilmembers Arreguin and Anderson’s recommendation as revised to

1.   Direct the City Manager to work with LBNL on hauling schedules.

2.      Request that the City Manager provide the Council with a status report over the summer recess regarding the progress of their conversations with LBNL regarding hauling schedules, compensation for impacts and on the progress of the transport of demolition debris from the Bevatron.  

3.         Request that the LBNL consider compensating the City of Berkeley for the impacts that the 4,700 truck trips from the Bevatron will have on our streets and direct the City Manager to meet with LBNL regarding compensation for impacts on our roadways.

Information Reports

45.    **Moved to City Manager Comments – Oral Report** State Budget Update

46. Customer Service Initiative Update (pdf) 
From: City Manager
Contact: Lisa Caronna, Deputy City Manager, 981-7000
Action:  Received and filed.

47. Voluntary Time Off Program for FY 2009 (pdf)
From: City Manager
Contact: Tracy Vesely, Budget Manager, 981-7000
Action:  Received and filed.

48.   **Removed from Agenda per City Manager**Customer Service Cash Receipts/Cash Handling Audit

49. LPC-NOD: 2525 Telegraph Avenue (pdf)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Moved to Action Calendar. 9 speakers.  M/S/C (Capitelli/Moore) to set for discussion on July 23, 2009.

Vote: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin and Worthington.

50. Status Report on the Aquatic Park Cleaning Project (pdf) 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.

51. City Auditor Temporary Pay Reduction (pdf)
From: City Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 1

Adjourned at 12:00 a.m. in memory of the One Year Anniversary of Dona Spring’s passing.

Communications

Item 44:  Transportation of Demolition Debris from Bevatron at Lawrence Berkeley National Laboratory
1.      Pamela Sihvola

Item 49:  LPC-NOD: 2525 Telegraph Avenue
2.      Rena Rickles

Seismic Programs
3.      L. Thomas Tobin

Wireless Technologies
4.      Joan Levinson

Supplemental Communications and Reports 1

Item 39: Downtown Area Plan: EIR Certification & CEQA Findings; Adoption of General Plan Amendments; and Adoption of Downtown Area Plan
5.  Hank Resnik
6.  Kava Massih
7.  Luiz Barata
8.  Marianne Wyss
9.  Aran Kaufer
10.  Clifford Fred

Item 40: Repeal and Reenactment of Berkeley Municipal Code Chapter 9.32 - Massage Therapy Establishments
11.  Amanda Whitehead
12.  Beverly May

Item 41: City Manager Referral: Minor Encroachments to the Public Right of Way
13.  Susan Chainey
14.  Cathy Orozco
15.  Maureen Hogan
16.  Marna Owen

Item 43: Support SCA 21 Authored by State Senators Leland Yee and Roy Ashburn
17.  Mark Yudof, University of California, Berkeley

Item 44: Transportation of Demolition Debris from Bevatron at Lawrence Berkeley National Laboratory
18.  Mark Chekal-Bain, Lawrence Berkeley National Laboratory

Item 49: LPC-NOD: 2525 Telegraph Avenue
19.  Ali Eslami

Supplemental Communications and Reports 2

Item 31: Support Senate Resolution 187 to Prevent Violence Against Abortion Providers

·        Revised materials, submitted by Kriss Worthington, District 7 (see agenda item)

Item 39: Downtown Area Plan: EIR Certification & CEQA Findings; Adoption of General Plan Amendments; and Adoption of Downtown Area Plan

·        Supplemental materials, submitted by Planning & Development (see agenda item)

20. Linda Maio, District 1

21. Jonathan DeYoe, on behalf of the Berkeley Chamber of Commerce

22. Cory LaVigne, on behalf of AC Transit

23. Pamela Sihvola, on behalf of the Committee to Minimize Toxic Waste

24. David Early

25. Tim Silk

26. Amir Massih

27. Jenny Wenk

Item 40: Repeal and Reenactment of Berkeley Municipal Code Chapter 9.32 - Massage Therapy Establishments

28. Joseph Carter

Item 41: City Manager Referral: Minor Encroachments to the Public Right of Way

29. Tom Miller

Item 44: Transportation of Demolition Debris from Bevatron at Lawrence Berkeley National Laboratory

·        Revised materials, submitted by Jesse Arreguin, District 4 and Max Anderson, District 3 (see agenda item)

Fiber Optic Conduits

30. Phil Kamlarz, City Manager

UN Treaty Reporting Project

31. Diana Bohn, on behalf of the Peace & Justice Commission

High Energy Plasma Laser Accelerator Facility

32. Committee to Minimize Toxic Waste

Aramark / Union Relations

33. Unknown