Regular Meeting Annotated Agenda
March 29, 2011

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, March 29, 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: 7:21 p.m.  All present.

Ceremonial Matters: 

  1. Berkeley High School Girls Basketball
  2. Mildred Howard Day – March 29, 2011
  3. Charlie Betcher Memorial – March 30, 2011, 2pm at Redwood Gardens

City Manager Comments:  Update on Vassar Road parking

Public Comment on Non-Agenda Matters: 3 speakers.


Public Comment on Consent Calendar and Information Items Only: 5 speakers.


Consent Calendar

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

1. West Berkeley Project: Amendments to the West Berkeley Plan and Zoning Requirements (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,167–N.S. amending BMC Chapters 23E.28 (Parking), 23E.72 (Manufacturing District), 23E.76 (Mixed-Manufacturing), 23E.80 (Mixed Use-Light Industrial), 23E.84 (Mixed Use-Residential) and 23F.04 (Definitions).
First Reading Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted second reading of Ordinance No. 7,167–N.S. and directed staff to return on April 26, 2011 with an ordinance to adopt omitted definitions.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Worthington, Bates; Noes – Arreguin.

2. Contract: Youth Engagement Advocacy Housing for Community Education & Supports Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Youth Engagement Advocacy Housing to provide services and supports to transition aged youth (aged 18-25) for the period November 1, 2010, through June 30, 2011 in an amount not to exceed $26,520.
Financial Implications: See report
Contact: Beth Meyerson, Health Services, 981-5100
Action:  Adopted Resolution No. 65,211–N.S.

3. Contract: State Department of Community Services and Development for the 2011 Low-Income Home Energy Assistance Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Authorizing the City Manager or his designee to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $172,604 for the period January 1, 2011 through December 31, 2011, and 

2.   Authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 65,212–N.S.

4. Contract: Reject the Bid Protest of BHM Construction, Inc. and Award of Contract to Fine Line Construction for Renovation and Construction of the Claremont Branch Library (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving plans and specifications for the Berkeley Public Library Claremont Branch Improvement Project;

2.   Rejecting the Bid Protest of BHM Construction, Inc.;

3.   Accepting the bid of Fine Line Construction; and

4.   Authorizing the City Manager to execute a contract, amendments, and any extensions or change orders until completion of the project in an amount not to exceed $3,300,000 which includes a contingency of approximately 11%.
Financial Implications: See report
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 65,213–N.S.

5. Contract No. 7760 Amendment: Siemens Industry, Inc. for Fire and Life Safety Systems Maintenance (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7760 with Siemens Industry, Inc. to provide repairs to essential fire and life safety systems monitoring equipment, increasing the contract amount by $8,500 for a total contract amount not to exceed $58,500.
Financial Implications: Building Purchases and Management Fund - $8,500
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,214–N.S.

6. Contract No. 7810A Amendment: Noll & Tam Architects and Planners for Architectural Services for the Transfer Station PC Scale Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7810A in an amount not to exceed $25,000 with Noll & Tam Architects and Planners for architectural and electrical engineering services for the Transfer Station PC Scale Project, for a total contract not to exceed $188,000 and extending the contract period three months, through December 31, 2011.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,215–N.S.

7. Contract No. 8479 Amendment: Ghilotti Bros / Cooper Crane, JV for Marina Pile Replacement Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8479 with Ghilotti Bros / Cooper Crane, JV, for the Marina Pile Replacement Project, increasing the contract not to exceed amount by $202,000, for a total contract amount not to exceed $490,000.
Financial Implications: Marina Operations/Maintenance Fund - $202,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,216–N.S.

8. Contract: Community Design + Architecture, Inc. for Architectural and Engineering Services for the West Street Pathway Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with Community Design + Architecture, Inc. in an amount not to exceed $296,370 to provide architectural and engineering design services for the West Street Pathway project for the period March 30, 2011 through March 30, 2013.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,217–N.S.

9. Declaration of Intent: FY 2012 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 2011; 

2.   Set a public hearing to be held before Council at its May 17, 2011 meeting; and 

3.         Authorize the City Clerk to publish the notice of the public hearing for FY 2012 Levy of Assessments of Street Lighting Assessment District No. 1982-1.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,218–N.S.

10. Proposition 1B (Transportation Bond) Funding for Sacramento Street Overlay Project from University Avenue to Dwight Way (PDF)From: City Manager
Recommendation: Adopt a Resolution approving use of Proposition 1B 2009 Allocation funding of $261,346 for the Sacramento Street Overlay Project from University Avenue to Dwight Way.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,219–N.S.

11. Contract: MCK Services, Inc. for Street Rehabilitation FY 2011 Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving plans and specifications for the Street Rehabilitation FY 2011 Project, 11-10560-C;

2.   Accepting the bid of MCK Services, 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 $1,557,466.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,220–N.S.

12. Alameda Countywide Transportation Plan Update & Transportation Expenditure Plan Development (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a list of transportation projects and programs, consistent with City Council direction as advised by the Transportation Commission, to the 2012 Alameda Countywide Transportation Plan, which, upon adoption, will be included in the Metropolitan Transportation Commission's Regional Transportation Plan.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,221–N.S.

13. Sweatfree Procurement for Berkeley Schools (PDF)
From: Commission on Labor
Recommendation: Adopt a Resolution encouraging Berkeley Unified School District to adopt a Sweatfree Schools program.
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-5400
Action:  Adopted Resolution No. 65,222–N.S.

14. Caldecott 4th Bore Settlement Project Recommendations (PDF)
From: Transportation Commission
Recommendation: Adopt a Resolution:

1.   Approving the July 8, 2010 list of priority projects, as approved by vote of the Transportation Commission on July 15, 2010,  as the City's preferred mitigations to environmental impacts from the construction of the 4th Bore of the Caldecott Tunnel; and 

2.   Authorizing the City Manager to accept $2 million from Caltrans as reimbursements for Ashby corridor mitigation projects according to the terms outlined  in the January 2009 settlement agreement with the 4th Bore Coalition;  and 3.        Authorizing the advance of General Funds to cover costs until reimbursement from Caltrans; and

4.   Directing staff to implement as many of these projects as feasible in priority order for an amount not to exceed the $2 million of committed settlement funds, with the objective of completing project delivery in approximately 2 years so mitigations can be in place prior to the opening of Caldecott 4th Bore to traffic.
Financial Implications: See report
Contact: Farid Javandel, Commission Secretary, 981-6300
Action: 4 speakers. Moved to Action Calendar.  M/S/C (Bates/Anderson) to hold item over to April 26, 2011 and include amendments from Councilmember Worthington.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

15. Water Emergency Transportation Authority (WETA) Ferry Overflow Parking Plan: Lease Conditions (PDF)
From: Waterfront Commission
Recommendation: Refer to the City Manager the recommendations of the Waterfront Commission regarding overflow parking conditions for the lease with WETA for the proposed Ferry Terminal at the Berkeley Marina.
Financial Implications: None
Contact: John Mann, Commission Secretary, 981-6700
Action: Approved recommendation.

16. Audit: Police Property and Evidence Room: Further Improvements (PDF)
From: Auditor
Recommendation: Request the City Manager to report back on or before September 27, 2011 on the implementation status of the City Auditor's recommendations. Report back no later than every six months until fully implemented.  First report scheduled for September 27, 2011.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Approved recommendation.


Council Consent Items

17. Proclamation in Honor of Dorothy Walker (PDF)
From: Mayor Bates
Recommendation: Approve the attached proclamation honoring Dorothy Walker for her life time of contributions to the City of Berkeley.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action: Approved proclamation.
 
18. Supporting Assembly Bill 1081, Regarding Local Government Participation in the Federal Secure Communities Program (PDF)
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Assembly Bill (AB) 1081, authored by Assemblymember Tom Ammiano, which gives California local governments the discretion to decide whether to participate in the federal Secure Communities and would require those local governments that do participate in the Secure Communities program to implement plans to safeguard against racial profiling and exceptions to implementation to protect victims of domestic violence, juveniles and limiting the use of fingerprint information to only those convicted of a crime.  This action obviates the need for the Commission’s action of March 7, 2011 on the same topic to be brought forward to the City Council.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,223–N.S.

19. Mario's La Fiesta: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Arreguin and Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 to Mario’s La Fiesta for the purposes of catering food to the City of Berkeley’s Cesar E. Chavez Commemoration celebration. The $250 total shall be equally relinquished from the discretionary Council Office Budgets of Councilmembers Jesse Arreguín and Kriss Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmembers' Discretionary Fund - $250
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 65,224–N.S. revised to correct the spelling of Chavez in the line of the fourth Whereas and to include the following relinquishments: Councilmember Maio - $50, and Mayor Bates $50.

20. Proclamation Congratulating the Winners of the 2011 César E. Chávez Commemoration Writing Contest (PDF)
From: Councilmembers Arreguin and Worthington
Recommendation: Adopt a Proclamation to be awarded to the winners of the 2011 César E. Chávez Commemoration Writing Contest.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: Approved proclamation.

21. Honoring Maudelle Shirek’s 100th Year of Life and Service to the Community (PDF)
From: Councilmembers Worthington and Anderson
Recommendation: Adopt a Proclamation declaring June 18th as Maudelle Shirek Day to honor her for a lifetime of service.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved proclamation.

22. Maudelle Shirek’s 100th Birthday Celebration: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmembers Worthington and Anderson
Recommendation: Adopt a Resolution to approve the expenditure of up to $100 per Councilmember to Maudelle Shirek’s 100th birthday celebration, with funds relinquished to the City’s general fund for this purpose from each Councilmember’s discretionary Council Office Budget.
Financial Implications: Councilmember’s Discretionary Fund - $100
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,225–N.S. revised to include the following relinquishments: Councilmember Maio - $50, Councilmember Arreguin - $50, Councilmember Wengraf -$50, Councilmember Moore - $50 and Mayor Bates - $50.

23. City Sponsorship of the 2011 San Francisco LGTB Pride Parade (PDF)
From: Councilmember Worthington, Moore, Anderson, and Arreguin
Recommendation: Adopt a Resolution to officially sponsor the 2011 San Francisco LGTB Pride.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Added Councilmembers Moore, Anderson, and Arreguin as co-sponsors. Adopted Resolution No. 65,226–N.S.

24. San Francisco LGBT Pride: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $230 per Councilmember to the San Francisco LGBT Pride with funds relinquished to the City’s general fund for this purpose that the City of Berkeley be represented at the SF LGTB Pride Parade and for costs of having a contingent in the parade from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $230
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,227–N.S.

25. City Sponsorship of the 2011 Telegraph LastSundays Fest (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution establishing that the City of Berkeley co-sponsor the 2011 Telegraph LastSundays Fests in collaboration with the Telegraph Business Improvement Association.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,228–N.S.

26. Taxicab Improvements in Berkeley and Request for Formal Response to Berkeley Taxi Cab Association (PDF)
From: Councilmember Worthington
Recommendation: Refer to the City Manager a comprehensive number of issues concerning taxi operations in the City of Berkeley, and request that the City Manager formally respond, in writing, to Berkeley Taxi Cab Association's October 4 letter and accompanying grievances.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

 27. Send a Letter to AC Transit Asking to Implement Ease-of-Boarding Features of BRT (PDF)
Revised Agenda Material (PDF)
From: Councilmember Worthington 
Recommendation: Send a letter to AC Transit, asking to participate in two key aspects of Bus Rapid Transit (BRT): level boarding and prepaid boarding.
Financial Implications: To be funded by regional or state transit funds.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation with revisions.

28. City Manager Referral: Replace Ineffective Shattuck and Oregon Street Sign with an Effective Pedestrian Sign (PDF)
From: Councilmember Worthington
Recommendation: Referral to the City Manager to consider the replacement of an ineffective Shattuck and Oregon Street sign with an effective pedestrian sign.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item withdrawn by Councilmember Worthington.

Action Calendar – Old Business


Presentation (PDF)
From: City Manager
Recommendation: Hold a discussion regarding amendments to the Zoning Ordinance about “protected spaces” and provide direction to staff.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action: 20 speakers.

1. M/S/C (Bates/Wengraf) to direct staff to provide CEQA resolution and findings and ordinance language for Council action for West Berkeley zoning districts as recommended by the Planning Commission, to allow new uses, including Arts & Crafts and R&D in specified types of protected spaces in some districts.  This language to include the requirement that the staff report to Council on the amount of conversion annually and with an interim report if 50,000 square feet of space is converted prior to the annual report.  Report shall also include information of the number and types of jobs created.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain: Anderson.

 

2. M/S/C (Bates/Worthington) to refer to the Planning Commission the issues of a conversion fee/benefit offset and extended notice to tenants in spaces to be converted.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Worthington, Bates; Noes – Arreguin.

Action Calendar – Council Items

30. Support AARP's Petition to Oppose Social Security and Medicare Benefit Cuts (PDF)
From: Councilmember Worthington
Recommendation: Send a letter to Senator Dianne Feinstein and Senator Barbara Boxer supporting AARP’s petition to oppose cuts to Social Security and Medicare benefits.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: 0 speakers. M/S/C (Worthington/Maio) to approve Councilmember Worthington’s recommendation to send a letter to Senator Dianne Feinstein and Senator Barbara Boxer supporting AARP’s petition to oppose cuts to Social Security and Medicare benefits.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Bates; Noes – None; Abstain: Wengraf, Wozniak.

31.   **Withdrawn from agenda by Councilmember Wozniak**22 Roble Rd: Certify LPC Decision for Review and Set Public Hearing for May 17, 2011
From: Councilmember Wozniak
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180


Information Report

32. Business License Tax Audit Program Report Fiscal Year 2010 (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda – None


Adjournment

Adjourned at 10:08 p.m. in memory of Charles McGlashan and Richard Winnie.


Communications (PDF)

Walter Hood Proposal for Center Street
1.    Sarah Syed, on behalf of the Sierra Club (referred to the City Manager by Councilmember Maio)

Special Programming Concern
2.    Helen Wheeler

Noise Complaint
3.    Susan Cayanne


Supplemental Communications and Reports 1 (PDF)

Item 27: Send a Letter to AC Transit Asking to Implement Ease-of-Boarding Features of BRT
4.    Vincent Casalaina

Item 29: West Berkeley Project: Discussion and Possible Direction Regarding Amendments to the Zoning Ordinance About “Protected Spaces”
5.    Helen Burke
6.    Rick Auerbach, on behalf of the West Berkeley Artisans and Industrial Companies (WEBAIC)
7.    Tom Bates, Mayor

Supplemental Communications and Reports 2 (PDF)

Item 4: Contract: Reject the Bid Protest of BHM Construction, Inc. and Award of Contract to Fine Line Construction for Renovation and Construction of the Claremont Branch Library
8.    Peter Warfield, on behalf of Library Users Association

Item 14: Caldecott 4th Bore Settlement Project Recommendations
9.    Kriss Worthington, District 7

Item 27: Send a Letter to AC Transit Asking to Implement Ease-of-Boarding Features of BRT

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

10. Vincent Casalaina
11. Michael Katz

Item 29: West Berkeley Project: Discussion and Possible Direction Regarding Amendments to the Zoning Ordinance About “Protected Spaces”
12. Tom Bates, Mayor
13. Gene Poschman
14. Rick Auerbach
15. Urban Ore

Vassar Avenue Traffic Concerns
16. Thelma Bryant