Regular Meeting Annotated Agenda
February 8, 2011

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, February 08, 2011
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.  Absent: Councilmember Arreguin.  Councilmember Arreguin present at 7:21 p.m.

Ceremonial Matters

  1. 50th Anniversary of the Peace Corps.

City Manager Comments: 

  1. Berkeley Housing Authority - Recipient of the 2010 Housing Choice Voucher Program of the Year

Public Comment on Non-Agenda Matters: 5 speakers.


Public Comment on Consent Calendar and Information Items Only: 1 speaker.

Consent Calendar

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

1. Amendment to Berkeley Municipal Code Chapter 16.10 to Codify Existing Application Process (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,165-N.S.codifying the existing practice for permitting telecommunications facilities in the public right of way under BMC Chapter 16.10.
Financial Implications: None
First Reading Vote: Ayes: Maio, Moore Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Absent: Anderson.
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,165–N.S.
 
2. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 18, 2011 (special and regular), January 25, 2011 (special and regular) and January 31, 2011 (special closed).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action: Approved minutes as submitted.

3. 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 - $100,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

4. Contract: PayLock Inc. for Vehicle Immobilizer ("Boot") Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with PayLock, Inc. to operate a vehicle immobilizer ("boot") program within the City of Berkeley, for the period January 1, 2011 to November 30, 2014, at no cost to the City.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,165–N.S.

5. Contract Amendments: Police Department Towing Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract Nos. 7188 with Avenue Towing (CMS No. N1ADP), 7190 with Berry Brothers Towing (CMS No. P4RKS), 7191A with East Bay Tow (CMS No. HPTEJ) and 7189B with Husteads Inc. (CMS No. IBT13) in an amount not to exceed $35,000 annually, to provide necessary towing services as required by the City of Berkeley Police Department for a period of one year.  The amended contract is to start March 1, 2011 and end February 29, 2012.  These contracts have the option to renew annually for up to four additional years.
Financial Implications: See report
Contact: Michael Meehan, Police, 981-5900
Action:  Adopted Resolution No. 65,166–N.S.

6. Contract No. 8112B Amendment: Blackshear Construction for the Design/Build of the Fire Warehouse (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8112B with Blackshear Construction, increasing the contract by $241,694 to include bearing capacity requirements, stormwater treatment measures, and to meet Fire Department operational needs in the building and onsite, for a total contract amount not to exceed $1,945,879 for all services.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,167–N.S.

7. Contracts: Commuter Check Services Corporation (CCSC) for Third-Party Administrator of the Employee Commute Benefit Program, and Extension of Employee Benefit Specialists, Inc. (EBS) for Transition (PDF)
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to:

1.   Execute a contract and any amendments with Commuter Check Services Corporation (CCSC), a subsidiary of Edendred USA, to provide third-party administrator services for the City of Berkeley's Employee Commute Benefit Program for an amount not to exceed $120,000 for the period of April 1, 2011 through June 30, 2014; and

2.   Amend Contract No. 6855C with the City's current third-party administrator, Employee Benefit Specialists, Inc. (EBS), to ensure a seamless transition, increasing the contract amount by $12,100 for a total amount not to exceed $224,615, and extend the contract period through July 30, 2011.
Financial Implications: Payroll Deduction Trust Fund - $132,100
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,168–N.S. and Resolution No. 65,169–N.S.

8.   **Removed from agenda per City Manager**Early Bird Parking Fee Schedule for City-Owned Garages (continued from January 18, 2011)
Contact: Andrew Clough, Public Works, 981-6300


Council Consent Items

9. Excuse Councilmember Anderson from Attendance at Council Meetings Due to Illness (PDF)
From: Mayor Bates
Recommendation: Excuse Councilmember Anderson from attendance at the City Council meetings on January 18, 2011 and January 25, 2011 as a result of illness.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Action: Approved recommendation.
 
10. Harriet Tubman Terrace Resident Tenant Council - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Anderson
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the Harriet Tubman Terrace Resident Tenant Council with funds relinquished to the City's general fund from the discretionary Council Office Budgets of Councilmember Anderson and any other Councilmembers who would like to contribute to purchase food and supplies for its Annual Black History Celebration on February 26, 2011 for its long time Berkeley tenants that will have entertainment and social networking to provide enhanced mental health for their peers which helps to support the City's policies of public safety, non-discrimination and support of public health.
Financial Implications: Councilmember's Discretionary Funds - $250
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 65,170–N.S.

11. Support of Assembly Bill 153, Authored by Assemblymember Nancy Skinner (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution in support of Assembly Bill (AB) 153, authored by Assemblymember Nancy Skinner, which requires out-of-state online only retailers to collect the same sales tax California businesses are required to collect.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,171–N.S.

12. Persian Center for Persian New Year Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF) 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $1,000 per Councilmember to the Persian Center for the Persian New Year Festival with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Jesse Arreguín and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $1,000
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,172–N.S.


Action Calendar – Public Hearing

13. Amendments to West Berkeley Plan and Zoning Requirements (Continued from January 25, 2011) (PDF)
Supplemental Agenda Material (PDF)
Presentation (PDF)
From: City Manager
Recommendation: Continue a Public Hearing from January 25, 2011, and upon conclusion, direct staff to return with appropriate CEQA findings and ordinances to adopt the proposed modifications to the Zoning Ordinance and the West Berkeley Plan.  These changes are proposed in order to facilitate the reuse of existing buildings, the development of large multi-parcel sites, and the start-up of new types of industrial activities.  Changes proposed in zoning code sections (BMC 23B.36, 23E.28, 23E.72, 23E.76, 23E.80, and 23F.04) and to the West Berkeley Plan, Section 1.Land Use, Subsection VII Land Use Regulations of the West Berkeley Plan – For Adoption in Principle, pages 42 ff.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

b. Communications

  1. Edward Moore

Public Testimony: Public hearing continued from the January 25, 2011 regular city council meeting. 60 speakers.

Action: Continued the Public Hearing to February 22, 2011.

 

Councilmember Wengraf exited meeting: 10:30 p.m.

Councilmember Arreguin absent: 10:54 p.m. – 10:57 p.m.

M/S/C(Maio/Moore) to suspend the Rules of Procedure and extend the meeting to 11:15 p.m. 
Vote: Maio, Moore, Anderson, Capitelli, Wozniak, Bates.  Noes: Worthington.  Absent: Arreguin, Wengraf.


Action Calendar – Old Business

14.  KPFA and Pacifica Foundation

a. Calling Pacifica Radio to Negotiate in Good-Faith (PDF)
From: Councilmembers Arreguin and Moore
Recommendation: Adopt a Resolution calling on the management of Pacifica Radio to negotiate in good-faith with Communication Workers of America, Local 9415.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
b. KPFA and Pacifica Foundation Labor Dispute (PDF)
From: Commission on Labor
Recommendation: Adopt a Resolution recommending that Council call on the management of Pacifica radio to negotiate in good-faith with Communication Workers of America Local 9415 in an effort to seek a fair and speedy resolution, and that the Council of the City of Berkeley or its designee offer to provide mediation assistance to the disputing parties.
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-5400
Speakers: 27
Action: M/S/C (Maio/Capitelli) to urge all parties in this dispute to negotiate or mediate in good faith in an effort to seek a fair and speedy resolution to the ongoing labor dispute.
Vote: Ayes. Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak, Bates.  Absent: Wengraf.

15. Support of Assembly Bill 37, Authored by Assemblymember Jared Huffman (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting AB 37, which suspends “smart meter” installations until “opt-out” alternatives are developed for customers.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Continued to February 15, 2011.

Information Reports

16. Results of Biennial Election for Low-Income Representatives to the Human Welfare and Communication and Action Commission (PDF) 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action: Received and filed.


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


Adjourned at: 11:14 p.m.  in honor of Jack LaLanne.


Communications

Berkeley Public Library and Nuclear Free Berkeley Act
1.    Gene Bernardi

Supplemental Communications and Reports 1

Item 13: Amendments to West Berkeley Plan and Zoning Requirements
2.    Joe DeCredico
3.    Unknown
4.    Terry Doran
5.    Jesse Townley
6.    Dennis Cohen
7.    Steve Lautze
8.    Cathleen Quandt
9.    Stuart Flashman
10. Robert Vogel
11. Wanda Warkentin
12. Vivian Warkentin

Item 14: KPFA and Pacifica Foundation

  • Voluminous correspondence on file and available for viewing in the City Clerk’s Office

Item 15: Support of Assembly Bill 37, Authored by Assemblymember Jared Huffman
13. Mary Ann Brewin
14. Soula Culver
15. Stephanie Thomas

Supplemental Communications and Reports 2

Item 13: Amendments to West Berkeley Plan and Zoning Requirements

  • Presentation and supplemental materials, submitted by Planning & Development (see agenda item)

16.    Helen Meyer
17.    Karen Hemphill
18.    Robert Vogel
19.    Steven Donaldson
20.    Deborah Oropallo
21.    Thomas Dolan
22.    Vicki Alexander
23.    Joe DeCredico
24.    Michael Tolbert
25. Jacquelyn McCormick
26. Raquel Pinderhughes
27. Dan Knapp
28. Erin Rhoades,on behalf of Livable Berkeley
29. Unknown (5)

Item 14: KPFA and Pacifica Foundation
30. Lynnda Ohama
31. Stephanie Thomas
32. Phoebe Sorgen
33. Elizabeth Leone and Rene Cisneros
34. Via Linder

Electromagnetic Energy Grand Challenge
35. Unknown