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Regular Meeting Annotated Agenda
March 24
, 2009

Printer-friendly PDF* annotated agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 24, 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  - Councilmember Worthington.  Councilmember Worthington present at 7:03 p.m.

Ceremonial Matters:

  1. 2009 Parks, Recreation and Waterfront Brochure Art Contest Winners
  2. April is Alcohol Awareness Month
  3. Moment of Silence for Fallen Oakland Officers.  Memorial Service to be held Friday, March 27, 11:00 a.m. at Oracle Arena.

City Manager Comments:  None

Public Comment on Non-Agenda Matters:  4

Public Comment on Consent Calendar and Information Items Only:  2

Consent Calendar

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

1. Zoning Ordinance Amendment: Wireless Telecommunication Facilities (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,073-N.S. repealing and reenacting Berkeley Municipal Code Chapter 23C.17, Wireless Telecommunication Facilities.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
First Reading Vote: Ayes: Maio, Capitelli, Wengraf, Wozniak, Bates.  Abstain: Anderson, Arreguin, Worthington.  Absent: Moore. 
Action: Adopted second reading of Ordinance No. 7,073–N.S.

2. Findings for Acquisition of 1581 Leroy (Hillside School) from Berkeley Unified School District (PDF)
From: City Manager
Recommendation: Adopt a Resolution making findings regarding acquisition of a portion of property located at 1581 Leroy (Hillside School) from Berkeley Unified School District as required by Education Code Section 17492.
Financial Implications: None. No City funds will be used for acquisition, operations or maintenance of the property.
Contact: Christine Daniel, City Manager’s Office, 981-7000
Action:  Adopted Resolution No. 64,368–N.S.

3. Minutes for Approval (PDF) 
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 17, 2009 (special), February 24, 2009 (special, special closed and regular), March 9, 2009 (special closed) and March 10, 2009 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes as submitted.

4. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation: For informational purposes, 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 - $250,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

5. **Removed from the agenda by the City Manager**Blanket Purchase Order:  Financial Data Solutions, Inc (FDSI)
From: City Manager
Financial Implications:
Contact: Robert Hicks, Finance, 981-7300

6. Purchase Order: Emergency Medical Supplies (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Bound Tree Medical to purchase emergency medical supplies and equipment for the Fire Department from May 1, 2009 to June 30, 2010, with an option to extend for an additional period up to a maximum of five years, in an amount not to exceed $1,000,000.
Financial Implications: Measure GG Funds – Not to exceed $1,000,000.
Contact: Debra Pryor, Fire, 981-3473
Action:  Adopted Resolution No. 64,369–N.S.

7. Classification: Emergency Services Coordinator (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,174–N.S. Classification and Salary Resolution for Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association, to establish the Emergency Services Coordinator classification with a monthly salary range of $6,208 - $7,372 to be effective April 5, 2009.
Financial Implications: Measure GG funding - $140,000 in FY 2010
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,370–N.S.

8. Contract Amendment: NEOGOV Job Applicant Tracking System (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7645 with NEOGOV Inc. for a job applicant tracking system and service, to increase the amount by $60,000 for a total not to exceed $105,000, and extending the term of the contract from May 16, 2008 through May 16, 2012.
Financial Implications: General Fund - $60,000 (approximately $20,000 per year).
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,371–N.S.

9. Lease Agreement: Rod and Gun Club Building (90 Bolivar Drive) in Aquatic Park to Bay Area Outreach and Recreation Program (BORP) (PDF)
From: City Manager
Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Bay Area Outreach and Recreation Program (“BORP”) to use the property located at 90 Bolivar Drive in Aquatic Park for a term anticipated to begin June 1, 2009 and ending December 31, 2013, with an option to extend the term for an additional five-year period.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted first reading of Ordinance No. 7,074 –N.S.  Second reading scheduled for April 21, 2009.

10. Adoption of Amendment to Berkeley Building Codes (PDF) 
From: City Manager
Recommendation: 1) Adopt the first reading of an Ordinance (Attachment 1) repealing Article 7 of the Berkeley Building Code, Repairs after Natural Disaster, BMC Section 19.28.90; and adopting new Article 7, Repair and Reconstruction Ordinance, BMC Section 19.28.90; 2) Adopt a Resolution (Attachment 2) setting forth findings of local conditions that require more stringent regulations than those provided by the 2007 California Building Code.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  1) Adopted first reading of Ordinance No. 7,075–N.S.  Second reading scheduled for April 21, 2009; and 2) Adopted Resolution No. 64,372–N.S.

11. Revenue Contract: GHG Environmental Management System (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the San Francisco Foundation for the approximate period January 1, 2009 through December 31, 2009 in the amount of $15,000 for the implementation of local greenhouse gas emissions reduction strategies.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No.64,373–N.S. revised to include “Authorizing City Manager to accept a grant”.

12. Grant: Safe Routes to School for Safety Improvements Around Four Berkeley Public Schools (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Caltrans Safe Routes to School program for traffic safety improvements around four Berkeley public schools  (Malcolm X Elementary School, Rosa Parks Elementary School, Thousand Oaks Elementary School, Berkeley Arts Magnet School) in the amount of $898,660; and accept the grants awarded, and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,374–N.S.

13. Grant Application: Federal Stimulus Program - American Recovery and Reinvestment Act of 2009 (ARRA) Funding (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the filing of an application for federal American Recovery And Reinvestment Act of 2009 (ARRA) transportation funding and stating the assurance to complete the street paving project on a portion of University Avenue.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,375–N.S.  City Manager to return with a traffic reduction plan during the repaving of University Avenue.

 14. Policy: Bee Habitats and Pollinator-Friendly Vegetation (PDF)
From: Parks and Recreation Commission
Recommendation: Adopt a Resolution to adopt a Bee Habitats and Pollinator-friendly Vegetation policy for use in planning and implementing landscape improvements at City parks and open spaces.
Financial Implications: None
Contact: Virginia Aiello, Commission Secretary, 981-5158
Action:  Adopted Resolution No. 64,376–N.S. revised to include consideration for non-bee parks.

15. Appointment of Valerie Agostino to the Berkeley Housing Authority (PDF)
From: Mayor Bates
Recommendation: Approve the appointment of Valerie Agostino to the vacant position on the Berkeley Housing Authority (BHA).
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 64,377–N.S.

16. Establishing 15 mph Limit Around Schools (PDF)
From: Councilmember Maio
Recommendation: Request the City Manager to consider establishing the streets around schools to become 15 mph zones.
Financial Implications: Unknown
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.

17. Graffiti Abatement Strategy (PDF)
From: Councilmember Maio
Recommendation: Request the City Manager to convene a group of appropriate staff members to work with Councilmember Maio on developing a strategy to address the increase in graffiti vandalism.
Financial Implications: Unknown
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.

18. Relinquishment of Council Office Budget to Berkeley Earth Day 2009 (PDF) 
From: Councilmember Maio
Recommendation: Adopt a Resolution to approve the expenditure, not to exceed $500, to Berkeley Earth Day 2009 with funds relinquished to the City's General Fund for this purpose from Councilmember Maio's discretionary Council Office Budget.
Financial Implications: See report
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Adopted Resolution No. 64,378–N.S.

19. Assessment of General Fund Subsidy for Refuse Fund Increase Opt-outs for Low and Fixed Income Households (PDF)
From: Councilmembers Moore and Worthington
Recommendation: Refer to the City Manager an analysis of the cost to the General Fund to subsidize low and fixed income households that would potentially opt out of the Refuse Fee increase being proposed by the City Manager.  The analysis should be completed prior to the release of a majority protest vote ballot is mailed out to residents.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 510-981-7120
Kriss Worthington, Councilmember, District 7, 510-981-7170
Action:  Approved recommendation.

20. Judicial Independence in Determining Same-Sex Marriage (PDF)
From: Councilmembers Moore and Worthington
Recommendation: Adopt a Resolution demonstrating the City of Berkeley’s support for maintaining judicial independence in the California Supreme Court’s decision on the legitimacy of Proposition 8 and that in the event the California Supreme Court rules that Proposition 8 was validly enacted, Proposition 8 should be repealed through the initiative process and the right to marry restored to same-sex couples as soon as possible.  If adopted, the City should send letters of support of judicial independence, with the Resolution, to our local legislators, the Governor, the Attorney General and the Chief Justice of the California Supreme Court.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 510-981-7120
Action:  Adopted Resolution No. 64,379–N.S.

21. Support AB 312 To Establish An Office of Citizen Complaints for the Bay Area Rapid Transit District (BART) Police Department (PDF)
From: Councilmembers Moore, Anderson and Arreguin
Recommendation: Adopt a Resolution in support of AB312, authored by Assembly- member Ammiano and Senator Yee, to establish an Office of Citizen Complaints for the Bay Area Rapid Transit District (BART) police department to ensure adequate oversight.
Financial Implications: None at this time
Contact: Darryl Moore, Councilmember, District 2, 510-981-7120
Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 64,380–N.S.

22. Support H.R. 1283 To Repeal "Don't Ask, Don't Tell" (PDF)
From: Councilmembers Moore and Worthington
Recommendation: Adopt a Resolution in support of the Military Readiness Enhancement Act of 2009, H.R. 1283, to repeal the discriminatory practice of "Don't Ask, Don't Tell" in the United States Armed Forces.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 64,381–N.S.

23. City Sponsorship of the North Shattuck Avenue Chocolate & Chalk Art Festival (PDF)
From: Councilmembers Capitelli and Arreguin
Recommendation: Co-sponsor the Chocolate and Chalk Art Festival, in collaboration with the North Shattuck Association, to be held on North Shattuck Avenue on Saturday, May 30, 2009, from 10:00 a.m. to 5:00 p.m.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 64,382–N.S.

24. City Sponsorship of the 2009 Himalayan Fair (PDF)
From: Councilmember Capitelli
Recommendation: Co-sponsorship by the City of Berkeley of the 2009 Himalayan Fair to be held at Live Oak Park on Saturday May 16 and Sunday, May 17, 2009.
Financial Implications: None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Adopted Resolution No. 64,383–N.S.

Action Calendar – Appeals

25. ZAB Appeal: 1820 Solano Avenue: Supplemental Information #2 (PDF) 
From: City Manager
Recommendation: Adopt a Resolution to adopt revised and new conditions of approval; to approve Use Permit 08-10000059 to allow general office use, excluding medical practitioners, financial services, and banks, in up to one of four existing ground floor tenant spaces with a maximum floor area of 1,520 square feet adjacent to street frontage (i.e. Suite B-1, B-2, C-1, or C-2); and to dismiss the appeal.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: M/S/C (Capitelli/Maio) to adopt Resolution No. 64,384–N.S. denying without prejudice, Use Permit 08-10000059 to allow general office use, excluding medical practitioners, financial services, and banks, in up to one of four existing ground floor tenant spaces with a maximum floor area of 1,520 square feet adjacent to street frontage (i.e. Suite B-1, B-2, C-1, or C-2).

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

Action Calendar – New Business

26. Budget Transparency, Internal Controls, and Delayed Action on Audits (PDF)
Budget Transparency Presentation (pdf)
From: City Auditor
Recommendation:
Continue discussion of Council's role in providing leadership in improving internal controls and risk management.  Discuss status of Council direction that internal control impacts be disclosed in budget submissions.  Upon conclusion, provide direction to the City Manager or request information from the City Manager or City Auditor, as appropriate.
Financial Implications: See report.
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Presentation made.  Discussion held.

27.   **Removed from Agenda by City Manager**Refuse Collection Rate Increase
From: City Manager
Financial Implications:
Contact: Phil Kamlarz, City Manager, 981-7000

28. Parking Citation Fines Increase (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1.      Establishing a new schedule of parking violations and fines for parking violations and late payment penalties, generally increasing fines by $5.00 per citation;

2.      Rescinding Resolution 62,127–N.S. and all amendments thereto, effective May 1, 2009.

Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
Action: M/S/C (Wozniak/Moore) to adopt Resolution No. 64,385–N.S. 1) establishing a new schedule of parking violations and fines for parking violations and late payment penalties, generally increasing fines by $5.00 per citation; and 2) Rescinding Resolution 62,127–N.S. and all amendments thereto, effective May 1, 2009.  City Manager to return with an analysis of parking violation and fine schedule.
Vote:  All Ayes.

29. City Manager Authority to Defer Development Fees for Priority Economic Development Projects (PDF) 
From: City Manager
Recommendation:

1.   Adopt a Resolution amending Resolution 64,077–N.S. to grant the City Manager authority to defer up to $200,000 in building, plumbing, electrical and mechanical permit fees for new development projects and substantial remodels on a case-by-case basis after staff analysis determines that such deferral will facilitate project implementation and that the project will provide substantial economic benefit to the City through tax base development, job creation/retention or by other measure as determined by the City Manager, and

2.   Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 19.28.020 California Building Code Appendix Chapter 1 Section A108.1 to allow permits issued in the context of a City Manager fee deferral to be considered valid.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7000
Action: M/S/C (Moore/Capitelli) to adopt the following:

  1.       Resolution No.  64,386–N.S. amending Resolution 64,077–N.S. to grant the City Manager authority to defer up to $200,000 in building, plumbing, electrical and mechanical permit fees for new development projects and substantial remodels on a case-by-case basis after staff analysis determines that such deferral will facilitate project implementation and that the project will provide substantial economic benefit to the City through tax base development, job creation/retention or by other measure as determined by the City Manager.  Resolution to sunset in two years.
  2.       First reading of Ordinance No. 7,076–N.S. amending Berkeley Municipal Code Section 19.28.020 California Building Code Appendix Chapter 1 Section A108.1 to allow permits issued in the context of a City Manager fee deferral to be considered valid.
  3.       City Manager to return to Council on a monthly basis with an information report listing approved fee-deferred projects.

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

30. Authorizing the Issuance of $10,000,000 in General Obligation Bonds For Measure FF, Series 2009 – Branch Library Improvement Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance of $10,000,000 aggregate principal amount of general obligation bonds, series 2009 (Measure FF – Branch Library Improvement Project), and authorizing actions related hereto.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Consent Calendar.  Adopted Resolution No.64,387–N.S. authorizing the issuance of $10,000,000 aggregate principal amount of general obligation bonds, series 2009 (Measure FF – Branch Library Improvement Project), and authorizing actions related hereto.

31. Rental Housing Safety Program Critical Initiative (PDF) 
From: City Manager
Recommendation: Provide direction to the Housing Department regarding development of Rental Housing Safety Program Annual Fee increase proposal for the May 19, 2009 Council meeting.  One alternative is an increase of $4.00 per unit and $2.00 per room (to $21.00 and $10.50 respectively) annually, which would close the operating budget gap for FY 2010.  Another option is to increase the fee by $9.00 per unit and $4.50 per room (to $26.00 and $13.00 respectively), which would allow for the replacement of a 1.0 Housing Inspector position that was eliminated in FY 2009 as a cost saving measure.  The fee increase is proposed now to address an immediate operating deficit, and will be coupled with recommendations for restructuring in January 2011, at the end of the Gas Heating Certification initial implementation period.
Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400
Action: M/S/C (Anderson/Arreguin) to direct the City Manager to include a Rental Housing Safety Program Annual Fee increase of $9.00 per unit and $4.50 per room (to $26.00 and $13.00 respectively), for the May 19, 2009 Council meeting.

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

Information Reports

32. Grant: Maddie's Fund, Pet Rescue Foundation to the Animal Care Shelter (PDF)
From: City Manager
Contact: Phil Kamlarz, City Manager's Office, 981-7000
Action:  Received and filed.

33. 20th Annual Outstanding Berkeley Women Event (PDF)
From: Commission on the Status of Women
Contact: Tasha Tervalon-Norcome, Commission Secretary, 981-5300
Action:  Moved to Consent Calendar.  Approved Commission’s selected women.  Abstain–Wozniak

34. Amendment to Fiscal Year 2009 Audit Plan (PDF)
From: City Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.

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

Adjournment – 9:41 p.m.

Communications

Public Wire Undergrounding Funds – Referred to City Manager by Councilmember Worthington. 
1.      Mary Clegg

Nuclear Free Berkeley Act Waiver - Referred to City Manager by Councilmembers Worthington and Moore.
2.      Michael Lozeau

Berkeley Parties  -Referred to City Manager by Councilmember Maio.
3.      Tim Hansen

Downtown Area Plan
4.      Carl Friberg

Bus Rapid Transit/Service Cuts
5.      Gale Garcia

Supplemental Communications and Reports 1

Item 2: Findings for Acquisition of 1581 Leroy (Hillside School) from Berkeley Unified School District
6.      William Huyett, Berkeley Unified School DIstrict

Item 14: Policy:  Bee Habitats and Pollinator-Friendly Vegetation
7.      Fred Dodsworth
8.      Roberta Boyd

Item 16: Establishing 15 mph Limit Around School
9.      Gordon Wozniak, District 8

Item 17: Graffiti Abatement Strategy
10.    Gordon Wozniak, District 8

Item 25: ZAB Appeal: 1820 Solano Avenue: Supplemental Information #2
11.     Gordon Wozniak, District 8

Item 28: Parking Citation Fines Increase
12.      Gordon Wozniak, District 8

Item 29: City Manager Authority to Defer Development Fees for Priority Economic Development Projects
13.      Gordon Wozniak, District 8

Supplemental Communications and Reports 2

Item 14: Policy:  Bee Habitats and Pollinator Friendly Vegetation
14.     Dori Sera Bailey

Item 25: ZAB Appeal:  1820 Solano Avenue:  Supplemental Information #2
15.     Zipporah Collins
16.     Unknown

Item 26:  Budget Transparency, Internal Controls, and Delayed Action on Audits

  • Ann-Marie Hogan, City Auditor

Item 31:  Rental Housing Safety Program Critical Initiative
17.    Lisa Stephens, Rent Stabilization Board

Berkeley Alcohol Awareness Month
18.    Unknown

 

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