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Regular Meeting Annotated Agenda
January 27, 2009

Printer-friendly PDF* annotated agenda 

 

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ANNOTATED AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, January 27, 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:  7:26 p.m.  All present.

Ceremonial Matters: 
   
1.  January 27th is Barbara Gates Day
   2.   In remembrance of Fran Macy

City Manager Comments: 
   1.   City of Berkeley is conducting a homeless population count.  Results will be present by the end of the year.

Public Comment on Non-Agenda Matters: 4

Public Comment on Consent Calendar and Information Items Only: 8

Consent Calendar

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

1. Amendment: FY 2009 Annual Appropriations Ordinance (PDF) 
From: City Manager}
Recommendation:  Adopt second reading of Ordinance No. 7,069–N.S. amending the FY 2009 Annual Appropriations Ordinance No. 7,065–N.S. for fiscal year 2009 based upon recommended re-appropriation of committed FY 2008 funding and other adjustments authorized since July 1, 2008, in the amount of $67,958,771 (gross) and $65,575,554 (net).
Financial Implications:  See report
Contact:  Tracy Vesely, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,069–N.S.

2. Minutes for Approval (PDF) 
From: City Manager
Recommendation:  Approve the minutes for the Council meetings of January 13, 2009 (special worksession and regular).
Financial Implications: None
Contact:  Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes as submitted.

3. Grant Award: Cardiovascular Disease Prevention Project (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept grant funds from Lifelong Medical Care, which receives the funding from Kaiser Permanente, in the amount of  $234,524 to implement the "Heart 2 Heart Cardiovascular Disease Project" for the period July 1, 2008 to June 30, 2010; to execute the resultant revenue agreements, contracts and any amendments and extensions; and to authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,336–N.S.

4. Contract: Samuels and Associates for Public Health Evaluation (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Samuels and Associates to complete an evaluation of the Kaiser Permanente funded project designed to promote healthy food options at restaurants and corner market stores in Berkeley for the period January 1, 2009 to December 31, 2010, in an amount not to exceed $50,000.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,337–N.S.

5. Contract No. 7275-A Amendment: Alameda County Homeless Action Center (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7275-A to increase the contract amount by $45,500 from 231,716 to 277,216 and extend the term through September 30, 2009 to provide SSI advocacy to an additional 23 individuals.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,338–N.S.

6. Unrepresented Fire Management Employees: Benefit Changes (PDF) 
From: City Manager
Recommendation: Adopt a Resolution approving amendments to the Unrepresented Employee Manual, Resolution No. 60,777–N.S. to provide modifications to benefits for Fire Management personnel in Representation Unit Z-1 (Confidential and Executive Management) including restoration of the annual payment of vacation leave balances above the eight week accrual limit; restoration of the ability to sell back accrued but unused vacation leave on a one-time annual basis; increase the life insurance coverage from $25,000 to $50,000 and to clarify the City's payroll practices when it is necessary to convert leave balances from a forty-hour per week work schedule to a fifty-six hour per week work schedule.
Financial Implications: Payroll Deduction Trust Fund - $300
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,339–N.S.

7. Clarifying Council Action Intent on Recreation Fees Regarding Facilities Rental (PDF)
From: City Manager
Recommendation:
Amend Resolution No. 64,334-N.S. to limit the increase of recreation center rental rates to 20% for existing tenants.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,340–N.S.

8. Final Map of Tract 7954: 1901-1905 Parker Street & 2543 Martin Luther King Jr. Way (PDF) 
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7954, a twelve (12) unit residential condominium located at 1901-1905 Parker Street and 2543 Martin Luther King Jr. Way.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,341–N.S.

9. Increasing Community Development Block Grant and Emergency Shelter Grant Funding as Federal Economic Stimulus (PDF)
From: Housing Advisory Commission
Recommendation:
Direct the City Manager to send a letter on behalf of the City of Berkeley to Bay Area members of Congress, California’s senators and President Barack Obama recommending that significant new funding be added to the Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) programs as part of the federal government’s economic stimulus package.
Financial Implications: None
Contact: Tim Stroshane, Commission Secretary, 981-5400
Action:  Approved recommendation.

Council Consent Items

10. Announce Vacancy on the Berkeley Housing Authority (BHA) Board of Commissioners (PDF)
From: Mayor Bates
Recommendation:
That the City Council publicly announce the vacancy on the Berkeley Housing Authority (BHA) Board of Commissioners and schedule the confirmation of a new Commissioner for the City Council meeting of February 24, 2009.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendation.

11. Salary Adjustment for the City Manager (PDF) 
From: Mayor Bates
Recommendation:
Adopt a Resolution to amend Resolution No. 64,211–N.S. (Classification and Salary Resolution for classifications in Representation Unit Z-1 Confidential and Executive Management Employees) to increase the salary of the City Manager by 8% from $17,903 per month to $19,335 per month effective February 8, 2009 to bring his salary to the median of the salaries of City Managers in comparable cities in the Bay Area.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Action:  Moved to Action Calendar.  M/S/C (Maio/Moore) to adopt Resolution No. 64,342–N.S.  Vote: Ayes–Maio, Moore, Anderson, Capitelli, Wozniak, Bates; Noes–Arreguin, Worthington; Abstain–Wengraf.

12. Various Appointments to Committees, Commissions, and Regional Bodies (PDF) 
From: Mayor Bates
Recommendation: Approve appointments to the committees, commissions, and regional bodies as specified in the background section of the item.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 64,343–N.S. as amended to revise the appointment end date to December 1, 2010 and add a clause resolving that the regional appointees who continue as elected Councilmembers will continue as hold-overs until the City Council appoints their replacements.

13. Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds To Support the Ecology Center (PDF)
From: Councilmember Maio
Recommendation:
Adopt a Resolution to approve the expenditure of up to $300 per person to the Ecology Center with funds relinquished to the City’s general fund for this purpose from Mayor and Council’s discretionary Council Office Budget.
Financial Implications: $2700
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No.64,344–N.S.

14. Affordable Housing and Homelessness Prevention in Economic Recovery Package (PDF)
From: Councilmembers Worthington, Maio and Arreguin
Recommendation:
That the Berkeley City Council urge the President and Congress to support a federal economic recovery package that dramatically expands affordable housing production for low income and homeless families and individuals.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

15. Making Employee Free Choice Act a Very High Federal Priority (PDF)
From: Councilmembers Worthington, Anderson and Arreguin
Recommendation:
That the Berkeley City Council urge Senator Boxer and Senator Feinstein to put the Employee Free Choice Act as a very high priority on their legislative agenda.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

16. Referral to City Manager: Draft Sunshine Ordinances (PDF)
From: Councilmember Worthington
Recommendation:
Refer to the City Manager:
  1. Draft of the Sunshine Act authored by members of the Sunshine Committee
  2. Notes for legal and financial evaluation.

Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendations.  Councilmember Worthington to return to Council with an information item including a list of Sunshine Committee members.

Action Calendar – Appeals

17. ZAB Appeal: 1820 Solano Avenue (PDF)
From: City Manager
Recommendation:
Adopt a Resolution dismissing the appeal and affirming the ZAB's decision to approve Use Permit No. 08-10000059 to allow general office use, excluding medical practitioners, in one existing ground floor tenant space (maximum of 1,520 square feet) adjacent to street frontage.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

b.Communications
1.      James/Gina Gould (Hundred Acre Wood Properties)
2.      Zipporah Collins
3.      Elizabeth Sklut (Thousand Oaks Neighborhood Association Bd. Of Directors)
4.      Alesia Connelly
5.      Warren Keller

Action: M/S/C (Capitelli/Arreguin) to set the matter for a public hearing.  Date to be determined at the February 2, 2008 Agenda Committee meeting.  Vote: Ayes–Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Abstain–Wozniak.

Councilmember Arreguin absent 8:49 p.m. – 9:30 p.m.

Councilmember Wengraf absent 8:49 p.m. – 8:52 p.m.

Action Calendar – Public Hearing

18. Downtown Berkeley Business Improvement District Annual Assessment (PDF) 
From: City Manager
Recommendation: 1) Conduct a public hearing, and upon conclusion, adopt a Resolution confirming the 2009 Annual Report of the Downtown Business Improvement District (BID) and to levy an annual assessment for the Downtown Business Improvement District (BID) for calendar year 2009.  2) Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $261,000 of Downtown BID funds to support Downtown revitalization.
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/Worthington) to close the public hearing.

Action: M/S/C (Worthington/Maio) to adopt the following:

  1. Resolution No.64,345–N.S. confirming the 2009 Annual Report of the Downtown Business Improvement District (BID) and to levy an annual assessment for the Downtown BID for calendar year 2009 and
  2. Resolution No.64,346–N.S. authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association Main Street Program for $261,000 of Downtown BID funds to support Downtown revitalization.

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

Action Calendar – Old Business

19. ZAB Appeal: 1540 Shattuck Avenue (continued from January 13, 2009) (PDF) 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 03-10000048 for a new wireless telecommunications facility (with ten antennas and related equipment) for Verizon Wireless Communications at 1540 Shattuck Avenue, and dismiss the appeal of this decision.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action: No action taken.  Continued to February 10, 2009.  Absent–Arreguin.

20. Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.) (PDF)
From: City Manager
Recommendation:
1) Adopt first reading of an Ordinance to amend Berkeley's Condominium Conversion Ordinance (CCO; BMC Chapter 21.28, et seq.) affordable housing mitigation fee policies; and 2) Provide the City Manager direction concerning two new programs:  a) A new program for local law compliance inspection of all multi-unit residential properties offered for sale in Berkeley; and b) A new homebuyer assistance program to help resident tenants buy the units in which they reside.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  M/S/C (Capitelli/Maio) to request that staff return with Condominium Conversion Ordinance revised to include the following:
  1. The units that are currently in the pipeline would remain eligible until December 31st, 2012.
  2. January 1st, 2009, 100 units would be available for conversion.  The 100 units shall be rolled over to the following year, not to exceed 200 in any given year.
  3. Staff to report back to Council in November of each year indicating the number of processed units and evaluation of the rate.
  4. If the property contains three or more units, the affordable housing mitigation fee for a unit that is occupied by an owner prior to June 30, 2009, who has lived in that unit as his or her principal place of residence for at least five consecutive years, including as a tenant in that unit immediately prior to ownership, shall be reduced by 50 percent.

Vote: Ayes–Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes–Worthington

Action Calendar – New Business

21.   Consideration of Berkeley Public Library's Request for Waiver to Contract Requirement of Nuclear Free Berkeley Act at B.M.C. 12.90.070

a. From: Peace and Justice Commission (PDF)
Recommendation:
At its regularly scheduled meeting on January 5, 2009, the Peace and Justice Commission adopted the following recommendation:  The Peace and Justice Commission finds that it would violate the Nuclear Free Berkeley Act (NFBA) to approve a waiver of the law and contract with 3M Corporation for maintenance of the Library's RFID system.
Financial Implications: Unknown
Contact:  Eric Brenman, Commission Secretary, 981-5114

b. From: City Manager (PDF)
Recommendation:
Adopt a Resolution waiving the contract requirements of the Nuclear Free Berkeley Act pursuant to Chapter 12.90.070 of the Berkeley Municipal Code, in order to enter into a contract with 3M Company of St. Paul, MN for ongoing equipment maintenance services for existing licensed software and hardware for the Checkpoint Systems brand Intelligent Library System equipment at the Berkeley Public Library.
Financial Implications: See report
Contact: Donna Corbeil, Library Services, 981-6100

Action: M/S/C (Maio/Wengraf) to adopt Resolution No. 64,347–N.S. waiving the contract requirements of the Nuclear Free Berkeley Act in order to enter into a contract with 3M Company of St. Paul, MN.  revised to include a two-year limit on the contract extension.  Further extensions will require council approval.  Vote: Ayes–Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes–Arreguin, Worthington; Abstain–Anderson.

22. Federal Funding Priorities (PDF)
From: City Manager
Recommendation:
Authorize the City Manager to explore Federal funding opportunities and approve the list of projects in Attachment 1 as priority projects for the City.
Financial Implications: See report 
Contact: Lisa Caronna, Deputy City Manager, 981-7000
Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to authorize the City Manager to explore Federal funding opportunities and approve the list of projects in Attachment 1 as priority projects for the City.  Recommendations from the Pools Task Force and recommendations that are “shovel ready” to be included at the request of Council.

23.  **Removed from agenda by City Manager to 2/10/09**Modify Major Encroachment Permit for 161 Panoramic Way

Information Reports

24. Ed Roberts Campus - Update on Leasing and Fundraising (PDF) 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.

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

Adjournment: 12:15 a.m.

Communications

Item 21: Consideration of Berkeley Public Library's Request for Waiver to Contract Requirement of Nuclear Free Berkeley Act at B.M.C. 12.90.070
1.   Gene Bernardi, on behalf of SuperBOLD
2.   Leona Wilson

Demolition of Bevatron
3.   Mark Chekal-Bain

AC Transit Board of Directors Vacancy
4.   Linda Nemeroff

New BART Committee
5.   Kerry Hamill

Cell Phone Towers
6.   Allan Cohen

Climate Action Plan
7.   John English

Workplace Training/Lawsuit
8.   Arin Weitzman

Supplemental Communications and Reports 1

Item 11: Salary Adjustment for the City Manager
9.   Michele Givenda

Item 19: ZAB Appeal: 1540 Shattuck Avenue
10.  Harvey Sherback
11.  Summer Brenner

Item 20: Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.)
12.  Matthew O’Brien
13.  David Wilson

Item 21: Consideration of Berkeley Public Library's Request for Waiver to Contract Requirement of Nuclear Free Berkeley Act at B.M.C. 12.90.070
14.  Rick Schlosser
15.  Jane Welford
16.  Gael Alcock
17.  Meave O’Connor
18.  Michael Jordan (2)
19.  Andrea Segall and Roya Arasteh
20.  Ardys
21.  Sheila and Lloyd Andres
22.  Constance Moore
23.  Lynda Winslow
24.  Peter Warfield, on behalf of Library Users Association (3)

Supplemental Communications and Reports 2

Item 20: Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.)

  • PowerPoint Presentation, submitted by Housing (see agenda item)

25.  Lisa Stephens, Rent Stabilization Board

Item 21: Consideration of Berkeley Public Library's Request for Waiver to Contract Requirement of Nuclear Free Berkeley Act at B.M.C. 12.90.070
26.  Ying Lee (2)
27.  Therese Powell
28.  Unknown

 

 

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