Regular Meeting Annotated Agenda
December 11, 2012

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, December 11, 2012
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: 7:02 p.m.  Councilmember Wengraf absent.  Mayor Bates absent.

Ceremonial Matters: 

  1. Swearing in of newly elected Mayor and Councilmembers.

Recess: 7:06 p.m. – 7:16 p.m.

  1. Recognition of Mary Martin and the Rosa Parks MathMatters Team
  2. Berkeley Rotary Club – 3rd Grade Dictionary Giveaway
  3. Judy Dater Day – December 11, 2012

City Manager Comments:

  1. Public Comment for the Aquatic Park Improvement Plan Draft EIR has been extended to 2/11/13
  2. The Telegraph Holiday Fair is December 14-16 and 22-24
  3. Berkeley has a Buy Local App powered by Chinook Book
  4. Observing the passing of Pat Hirabara, a 35 year employee of the City of Berkeley

Public Comment on Non-Agenda Matters: 1 speaker.


Public Comment on Consent Calendar and Information Items Only: 0 speakers.

Consent Calendar

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

Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Wengraf, Bates

1. Lease Agreement: TheatreFIRST, Inc. for the Live Oak Theatre at the Live Oak Community Center
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,274–N.S. authorizing the City Manager to execute a lease agreement with TheatreFIRST, Inc. for the use and management of the Live Oak Theatre at the Live Oak Community Center located at 1301 Shattuck Avenue for a term of five years with one five-year option.
First Reading Vote: All ayes
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action: Second reading of Ordinance No. 7,274–N.S. held over to December 18, 2012.

2. Annual Commission Attendance and Meeting Frequency Report
From: City Manager
Recommendation: Adopt a Resolution approving a revised commission meeting frequency schedule to remove the Downtown Berkeley Business Improvement District, adjust the meeting frequency for the Animal Care Commission, and accept the annual attendance report.
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action:  Adopted Resolution No. 65,959–N.S.

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of October 2, 2012 (regular), October 16, 2012 (special and regular) and October 30, 2012 (special and regular).
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Approved minutes as submitted.

4. Confirming the Results of the November 6, 2012 General Municipal Election
From: City Manager
Recommendation:

1.   Adopt a Resolution:
a. Confirming the results of the November 6, 2012 General Municipal Election;
b. Declaring the passage of Measure M – Streets and Watershed Bond, Measure P – Gann Limit Override, Measure Q – Utility Users Tax Amendments, Measure R – Redistricting Charter Amendment;

2.   Adopt an Ordinance amending the Berkeley Municipal Code to incorporate the passage of Measure Q – Utility Users Tax Amendments.
Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action:  Adopted Resolution No. 65,960–N.S. and Ordinance No. 7,275–N.S.

 5. Designating City’s Labor Negotiators Under Govt. Code Section 54957.6
From: City Manager
Recommendation: Adopt a Resolution establishing a standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with certain unions and unrepresented employees and rescinding Resolution No. 63,978-N.S.
Financial Implications:  None
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Adopted Resolution No. 65,961–N.S.

6. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on December 11, 2012
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 - $523,500
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

7. Approval of 2012 Housing Trust Fund Reservations
Revised Agenda Material
From: City Manager 
Recommendation: Adopt a Resolution:
1. Approving an initial round of Housing Trust Fund (HTF) reservations for two new construction projects at Harper Crossings ($2,300,000, including a forward commitment of $499,000) and Grayson Street Apartments ($1,095,000), and additional funding for UA Homes ($134,000); and

2. Approving an alternative set of HTF reservations if Harper Crossings is unable to obtain sufficient project financing by December 2013 to complete the project; and

3. Waiving the HTF Guidelines regarding predevelopment funding and project selection to allow the City Manager to enter into contracts and agreements for development and predevelopment loans.
Financial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,962–N.S.

8. Contract No. 8150 Amendment and Extension: Quest Diagnostic Services to Perform Laboratory Tests Related to Clinical Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend and extend Contract No. 8150 with Quest Diagnostics to perform laboratory tests related to clinical public health services, increasing the not to exceed amount by $50,000 for a total not to exceed amount of $275,000 through December 31, 2013.
Financial Implications: Health Fund - $50,000
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action:  Adopted Resolution No. 65,963–N.S.

9. Contract No. 7489C Amendment: Software AG for WebMethods Enterprise Service Bus ("Middleware")
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No 7489C with Software AG for WebMethods Enterprise Service Bus ("Middleware") licensing and maintenance, increasing the amount by $51,055, for a total not to exceed $306,055 from December 21, 2007 to December 31, 2014.
Financial Implications: General Fund - $51,055
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,964–N.S.

10. Contract No. 8865A Amendment: Accela, Inc. for Asset Management Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8865A with Accela, Inc., adding $176,750 for software, maintenance, and services related to the implementation of Asset Management software, for a total amount not to exceed $416,750, from December 12, 2011 to June 30, 2016.
Financial Implications: Sanitary Sewer Operation - $176,750
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,965–N.S.

11. Grant Application: Caltrans Environmental Enhancement and Mitigation Program for Tree Planting Project in Berkeley
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 $243,540; 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: Caltrans Fund - $243,540 (grant)
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 65,966–N.S.

12. Amending BMC Section 17.04.030: Sewer Service Charges
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 17.04.030 to include administrative expenses of the Private Sewer Lateral (PSL) Program.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,276–N.S.  Second reading scheduled for December 18, 2012.

13. Contract: California Trenchless, Inc. for Sanitary Sewer Rehabilitation Project on Potter Street, Ashby Avenue (State Highway 13), 7th Street, Folger Avenue, and Southern Pacific Co. ROW
From: City Manager
Recommendation: Adopt a Resolution:
1.   Approving the plans and specifications for the Sanitary Sewer Project, 13-10690-C, located on Potter Street, Ashby Avenue (State Highway 13), 7th Street, Folger Avenue, and Southern Pacific Co. ROW; and

2.   Accepting the bid of the lowest responsive and responsible bidder, California Trenchless, Inc.; and

3. Authorizing the execution of 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 $1,138,862 for the period of 120 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Operation - $1,138,862
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,967–N.S.

14. Contract: Gallagher & Burk, Inc. for Street Rehabilitation FY 2013
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2013 Project, 13-10687-C; accepting the bid of Gallagher & Burk, Inc.; rejecting the bid protest of MCK Services, Inc., the second lowest bidder; and 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 $2,756,494.
Financial Implications: Various Funds - $2,756,494
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,968–N.S.

15. Contract No. 7524C Amendment: SOHA Engineers for On-Call Structural Engineering Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7524C with SOHA Engineers to provide on-call structural engineering services for 3 City facilities, increasing the contract amount by $40,500 for a revised not-to-exceed authorization and contract amount of $139,320 and extending the contract term through June 30, 2013.
Financial Implications: Capital Improvement Fund - $40,500
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,969–N.S.

16. Contract No. R9140 Amendment: Association of Bay Area Governments for Trash Capture Demonstration Project Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute an amendment to the current grant agreement Contract No. R9140 with the Association of Bay Area Governments (ABAG), increasing the amount from $65,000 up to $88,203 for the installation of trash capture devices.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,970–N.S.

17. Major Encroachment Permit: University of California for the Berkeley Art Museum and Pacific Film Archive
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance of a major encroachment permit to the University of California for the Berkeley Art Museum and Pacific Film Archive, consisting of a building cantilever, an Americans with Disabilities Act compliant accessible ramp and stairs, fire department system test connections, and bookstore windows over and in the public right of way on Center Street.
Financial Implications: None
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,971–N.S.

18. Reject and Re-bid Contract for Sanitary Sewer Rehabilitation Project on Sacramento Street and Woolsey Street
From: City Manager
Recommendation: Adopt a Resolution approving the withdrawal of the bid by Andes Construction, Inc., including release of their bid bond, and rejecting all bids received on October 23, 2012, and authorizing the City Manager to re-scope and re-bid the Sanitary Sewer Rehabilitation Project on Sacramento Street and Woolsey Street.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,972–N.S.

19. Filling Vacancies Among the Elected Representatives of the Poor
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointment of Mr. Rico Robinson (District 2), Ms. Justina Cross (District 3) and Ms. Veneita Porter (District 3) as elected representatives of the poor on the Human Welfare Community Action Commission (HWCAC), having been selected by the remaining elected representatives of the poor at the HWCAC November 14, 2012 meeting, and that their terms shall expire November 14, 2016.
Financial Implications: None
Contact: Charlotte Fredriksen, Commission Secretary, 981-5425
Action:  Adopted Resolution No. 65,973–N.S.

Council Consent Items

20. Appointment of Mental Health Commission City Council Liaison
From: Mayor Bates
Recommendation: Adopt a Resolution re-appointing Councilmember Arreguin as the City Council Liaison to the Mental Health Commission for one calendar year.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,974–N.S. amended to read “officially reappoints” in the Now Therefore Be It Resolved clause.

21. Streamlining Enforcement of Zoning and Municipal Code Violations and Public Nuisance Abatement Procedures
From: Councilmembers Moore, Maio, Capitelli and Wengraf
Recommendation: Direct the City Manager to propose methods of enforcing the zoning and municipal codes that would result in more timely compliance of problematic uses, including those in undisputable violation of our laws, and/or propose ways in which to streamline the nuisance abatement procedure and return with a report and suggestions to improve the process in 6 months.
Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action: Approved recommendation.

22. The Robin Hood Tax Campaign; Supports the Inclusive Prosperity Act (HR 6411)
From: Councilmember Anderson
Recommendation: Adopt a Resolution endorsing the Robin Hood Tax Campaign; supports the Inclusive Prosperity Act (HR 6411) introduced by Rep. Keith Ellison (D-MN), which would impose a small tax of 50 cents on the trade of every $100 of stocks and a lesser tax on the trade of other financial instruments, and asks our Members of Congress, the US Senate and the President to support and help pass and sign into law the Prosperity Act (HR 6411).
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Item held over to January 22, 2013.

23. The Berkeley Public Library Foundation 11th Annual Authors Dinner: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmembers Wengraf, Capitelli and Wozniak
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Councilmembers Capitelli, Wengraf and Wozniak to the Berkeley Public Library Foundation’s 11th Annual Authors Dinner with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmembers Capitelli, Wengraf, Wozniak and any other Councilmembers who would like to contribute.
Financial Implications: No General Fund impact; $500 is available from Councilmembers Capitelli, Wengraf, and Wozniak’s Council Office Budget discretionary accounts.
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 65,975–N.S.amended to include contributions from the following Councilmembers up to amounts listed: Councilmember Wozniak - $500, Councilmember Anderson - $200, Councilmember Maio - $500.

Action Calendar – Public Hearings

24. Public Hearing and Levying of Assessments in the Solano Avenue Business Improvement District for 2013
From: Solano Avenue BID Advisory Board
Recommendation: Conduct a public hearing and, upon conclusion:
1.   Adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “the District”) for 2013 and, if no majority protest exists, levy annual assessments in the area for calendar year 2013 to finance improvements in the District; and

2.   Adopt a Resolution authorizing the City Manager to enter into a contract with Livable Berkeley for disbursal of District funds for purposes outlined in the Annual Report and Budget and adding an additional purpose for expenditures.
Financial Implications: Solano Avenue BID Fund - $35,000 (projected revenue)
Contact: Dave Fogarty, Commission Secretary, 981-7534

Public Testimony: The Mayor opened the public hearing. 0 speakers.              M/S/C (Moore/Arreguin) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Capitelli (recused), Wengraf, Bates

Action: M/S/C (Moore/Anderson) to adopt the following:

1.   Resolution No. 65,976–N.S. confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “the District”) for 2013 and, if no majority protest exists, levy annual assessments in the area for calendar year 2013 to finance improvements in the District; and

2.   Resolution No. 65,977–N.S. authorizing the City Manager to enter into a contract with Livable Berkeley for disbursal of District funds for purposes outlined in the Annual Report and Budget and adding an additional purpose for expenditures.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Capitelli (recused), Wengraf, Bates

Action Calendar – Old Business

25. Budget Referral: Annual Grant for Sunday Streets Events (Continued from November 27, 2012)
From: Councilmember Capitelli
Recommendation: Refer to the 2013 budget process an ongoing budget item of $30,000 to cover City fees for twice-annual Sunday Streets events in Berkeley.
Financial Implications: $30,000
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: Item removed from the agenda by Councilmember Capitelli.

Action Calendar – New Business

26. Complete Streets Policy
From: City Manager
Recommendation: Adopt a Resolution adopting the Berkeley Complete Streets Policy.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action: Moved to Consent Calendar.  Adopted Resolution No. 65,978–N.S. adopting the Berkeley Complete Streets Policy.

Council Action Items

27. Revising the Recording of Council Annotated Agendas and Minutes to Include All Motions Voted On
Revised Agenda Material 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution:
1. Revising the recording of City Council Annotated Agendas and Minutes to include all motions voted on, irrespective of whether they resulted in a final action being taken; and

2. Rescinding Resolution No. 65,462-N.S.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action: M/S/C (Worthington/Arreguin) to accept supplemental material from Councilmember Arreguin for Item 27.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Wengraf, Bates

Action: 0 speakers. M/S/C (Arreguin/Anderson) to adopt Resolution No. 65,979–N.S. revising the recording of City Council Annotated Agendas and Minutes to include all motions voted on, irrespective of whether they resulted in a final action being taken; and rescinding Resolution No. 65,462-N.S. with the “Now Therefore, Be It Resolved” clause amended to read:

“NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the recording of Annotated Agendas and Minutes of meetings of the Berkeley City Council shall include any properly made and seconded motion, upon which a binding vote of the Council is taken, regardless of whether the motion results in a final action being taken.”
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Wengraf, Bates


Information Reports

28. Settlement of Lawsuit: Cochrell v. Berkeley Unified School District and City of Berkeley
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
Action: Received and filed.

29. Status Update: Implementation of Citywide Payroll Audit Recommendations
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action: Received and filed.

30. LPC-NOD: 2517 Regent Street
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.

31. Status Report: Purchase Order Audit - Select Public Works Divisions at the Corporation Yard
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

32. Update: Traffic Impacts Study for West Campus/Old Adult School Site
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda –


Adjournment in Memory of:

  1. Pat Hirabara, 35-year City of Berkeley employee
  2. Alan Farley, local radio host and producer

Action: M/S/C (Worthington/Moore) to adjourn the meeting.

Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak; Noes – None; Abstain – None; Absent – Wengraf, Bates

Adjourned at 7:56 p.m.

Communications

Communications are not published directly to the City’s website.  Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.”

Item 25: Budget Referral: Annual Grant for Sunday Streets Events

1.    Michael Katz

Bike Lanes on Tunnel Road/Hillegass Bicycle Blvd Crossing

2.    Dave Campbell, on behalf of the East Bay Bicycle Coalition

Misplaced Recycle Bins

3.    Valerie Messer

Supplemental Communications and Reports 1

Item 7: Approval of 2012 Housing Trust Fund Reservations

  • Revised materials, submitted by Health, Housing & Community Services (see agenda item)

Supplemental Communications and Reports 2

Item 1: Lease Agreement: TheatreFIRST, Inc. for the Live Oak Theatre at the Live Oak Community Center
4.    Victoria Siegel
5.    Jonathan Gordon

Item 27: Revising the Recording of Council Annotated Agendas and Minutes to Include All Motions Voted On
6.    Stephen Wollmer

Supplemental Communications and Reports 3

Item 1: Lease Agreement: TheatreFIRST, Inc. for the Live Oak Theatre at the Live Oak Community Center
7.    Paula Bauer

Item 27: Revising the Recording of Council Annotated Agendas and Minutes to Include All Motions Voted On

  • Revised materials, submitted by Councilmember Arreguin (see agenda item)

8.    Peter Scheer

Aquatic Park Improvement Program Draft EIR
9.    Jacquelyn McCormick