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Regular Meeting Annotated Agenda
June 2
, 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.

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 2, 2009

7:00 P.M.

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:  7:04 p.m.  Absent: Councilmember Anderson.  Councilmember Anderson present at 7:06 p.m.

Ceremonial Matters:

  1. Andre Singer Thompson .

City Manager Comments:  None

Public Comment on Non-Agenda Matters: 4 Speakers.

Public Comment on Consent Calendar and Information Items Only: 6 Speakers.

Consent Calendar

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

1. Easement Acceptance: 920 Heinz (West Berkeley Bowl) (pdf)
From:  City Manager
Recommendation: Adopt second reading of Ordinance No. 7,084–N.S. authorizing the City Manager to accept the Berkeley Bowl Grant of Easement for a bicycle pathway easement on the West Berkeley Bowl site at 920 Heinz Street.
Financial Implications: None.
First Reading Vote: All Ayes
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted second reading of Ordinance No. 7,084–N.S.

2. Assessment: Telegraph Property and Business Improvement District (pdf) 
From: City Manager
Recommendation: Adopt a Resolution approving the Annual Assessment Report for the Telegraph Property and Business Improvement District (TBID) for FY 2009, declaring an intention to levy special assessments in the District for FY 2010 and setting a Public Hearing on this topic for July 14, 2009.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 64,462–N.S.

3. East Bay Cultural Corridor (pdf)
From: City Manager
Recommendation: Approve the City of Berkeley's participation in the East Bay Cultural Corridor project in conjunction with the cities of Oakland, Emeryville and Richmond to promote arts marketing and cultural tourism in the East Bay.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 64,463–N.S.

4. Minutes for Approval (pdf)
From: City Manager
Recommendation: Approve the minutes of the May 19, 2009 City Council Meetings (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes as submitted.

5. Notice of Appropriations Limit For Fiscal Year 2010 (pdf) 
From: City Manager
Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2010 at its meeting of June 23, 2009; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk's Office on or before June 8, 2009.
Financial Implications: None.
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 64,464–N.S.

6. Community Services Block Grant Recovery Act Local Plan (pdf) 
Recommendation: Approving the Community Services Block Grant (CSBG) Local Recovery Plan submitted to the California Department of Community Services on May 11, 2009; and authorizing the release of a Request for Proposal and the execution of any agreements and amendments resulting from the City of Berkeley's allocation of Community Services Block Grant funding available under the American Recovery and Reinvestment Act of 2009 - (ARRA).
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,465–N.S.

7. Contract No. 7223 Amendment: Network Architecture & Bandwidth Security (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 7223 with ExtraTeam IT Consulting Group Inc. for network architecture and bandwidth security upgrades, increasing the amount by $100,000, for a total contract not to exceed $225,000, for the period December 4, 2006 to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,466–N.S.

8. Contract No. 7394 Amendment: New World Systems Inc - Public Safety Computer Systems (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 7394 with New World Systems Inc. to include annual licensing maintenance of the City's core public safety software system, increasing the amount by $268,000, for a total contract not to exceed $2,268,000 for the period September 1, 2006 to June 30, 2011.
Financial Implications: General Fund - $268,000
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,467–N.S.

9. Contract No. 6245B Amendment: GovDelivery Email Subscription Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6245B with GovDelivery Inc. for Email subscription services, increasing the amount by $18,200 for a total contract amount not to exceed $88,340 and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,468–N.S.

10. Contracts: Logan Surveying, BKF Engineers, Moran Engineering, Inc., and Paul O. Webb – Licensed Surveyor for General Surveying Services (pdf) 
From: City Manager
Recommendation: Adopt 4 Resolutions authorizing the City Manager to execute contracts and any amendments, extensions or other change orders with 1) Logan Surveying in an amount not to exceed $250,000; 2) BKF Engineers in an amount not to exceed $250,000; 3) Moran Engineering, Inc. in an amount not to exceed $250,000; and 4) Paul O. Webb - Licensed Surveyor in an amount not to exceed $250,000, to provide on-call general survey services for various Public Works projects and requests from other departments for a period of three years for a total amount not to exceed $1,002,000.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,469–N.S., Resolution No. 64,470–N.S., Resolution No. 64,471–N.S. and Resolution No. 64,472–N.S.

11. Contract 7086C Amendment: Civicorps Schools (formerly EBCC) for Storm Drain Cleaning Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7086C with Civicorps Schools (formerly East Bay Conservation Corps) for storm drain cleaning services, increasing the amount by $50,000, for a total amount not to exceed $230,000 for the period October 18, 2006 to June 30, 2010.
Financial Implications: Clean Storm Drain Fund - $50,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,473 –N.S.

12. Contract No. 7648 Amendment: Gallagher & Burk, Inc. for Street Rehabilitation FY 2008 Phase 2 (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7648 with Gallagher & Burk, Inc. for the Street Rehabilitation FY 2008 Phase 2 Project, increasing the amount by $59,100, for a total amount not to exceed $2,225,134 and extending the term to September 30, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,474–N.S.

13. Proposition 1B (Transportation Bond) Funding for University Avenue Pavement Rehabilitation Project Phase 3 from Sacramento to Oxford (pdf) 
From: City Manager
Recommendation: Adopt a Resolution approving use of FY 2009 Proposition 1B funding in the amount of $1,580,991 for the University Avenue Pavement Rehabilitation Project Phase 3 from Sacramento to Oxford.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,475–N.S.

14. Appointment to Mental Health Commission (pdf)
From: Mental Health Commission
Recommendation: Approve the appointment of Carole Marasovic to the Mental Health Commission, as a representative of the General Public Interest Category, for a three-year term beginning June 3, 2009 and ending June 2, 2012.
Financial Implications: None.
Contact: Carol Patterson, Commission Secretary, 981-5100
Action:  Approved recommendation.

15. Audit Report: Workers’ Compensation Costs Can Be Reduced by Improved In-House Processing and Adherence to Contract Terms (pdf)
From: Auditor
Recommendation: Request the City Manager to report back on or before September 1, 2010, and every six months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.
Financial Implications: See report.
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation.  City Manager to return to Council with potential Workers’ Compensation reduction goals for FY 2010-2011 and potential cost savings.

16. Leases Audit: Conflicting Directives Hinder Contract Oversight (pdf)
From: Auditor
Recommendation: Request the City Manager to report back during or before January 2010 on the implementation status of each of the City Auditor's recommendations in the attached report. Report back no later than every six months, thereafter, until all recommendations have been fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation.

Council Consent Items

17. Refer $24,702 to the FY 2010/2011 Budget Process for Funding of the Berkeley Boosters’ Life Skills Development Summer Leadership Camps (pdf)
From: Councilmembers Moore, Arreguin , Wozniak and Anderson
Recommendation: Refer the following to the budget process:  A request for $24,702 to the FY 2010/2011 Budget Process for funding of the Berkeley Boosters' Life Skills Development Summer Leadership Camps.
Financial Implications: $24,702
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

18. Refer $44,000 to the FY 2010/2011 Budget Process for Options’ Recovery Services to Hire a Case Manager/Housing and Benefits Coordinator (pdf)
From: Councilmembers Moore, Wozniak ,Anderson and Wengraf
Recommendation: Refer $44,000 to the FY 2010/2011 budget process for Options' Recovery Services to hire a Case Manager/Housing and Benefits Coordinator.
Financial Implications: $44,000
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation as amended to include Councilmember Wengraf as a Co-Sponsor.

19. Support SB789, CA Employee Free Choice Act for Farm Workers, To Give Agricultural Employees an Alternative Method for Choosing their Collective Bargaining Representative (pdf)
From: Councilmembers Moore, Arreguin, Worthington and Anderson
Recommendation: Adopt a Resolution in support of SB789, CA Employee Free Choice Act for Farm Workers, to give agricultural employees an alternative method for choosing their collective bargaining representative.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 64,476–N.S.

20. Urge President Obama To End The "Don't Ask, Don't Tell" Policy and Not To Fire Lt. Dan Choi (pdf)
From: Councilmembers Moore, Arreguin, Worthington and Anderson
Recommendation: Adopt a Resolution urging President Obama to end the "Don't Ask, Don't Tell" policy and not to fire Lt. Dan Choi.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 64,477–N.S.

21. Official City Sponsorship of the Fourth Annual Berkeley International Food Festival (pdf)
From: Councilmembers Moore and Maio
Recommendation: Approve City co-sponsorship of the 4th Annual Berkeley International Food Festival.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action:  Approved recommendation.

22. Clarification of the Soft Story Ordinance (pdf) 
From: Councilmembers Capitelli and Wengraf
Recommendation: Request that the City Manager direct staff to review Chapter 19.39 of the Berkeley Municipal Code, the Soft Story Ordinance, and propose language that would clarify the intent of the code: to retrofit at the ground floor level building conditions that result in weak, soft or open front stories.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Approved recommendation.

23. Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds To Reach Fellowship International (pdf)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to approve the expenditure of $1000 to Reach Fellowship International with funds relinquished to the City’s general fund for this purpose from Councilmember Worthington’s discretionary Council Office Budget.
Financial Implications: Councilmember Worthington's Discretionary budget - $1,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,478–N.S.  Abstain–Maio, Bates.

24. Proclamation in Honor of Joyce Jenkins (pdf)
From: Councilmember Worthington
Recommendation: Adopt a Proclamation honoring Joyce Jenkins to be presented at the 7th Annual Berkeley Poetry Festival on June 6, 2009.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved proclamation.

25. Budget Referral: 2009 Telegraph LastSundays Fest (pdf)
From: Councilmember Worthington
Recommendation: Refer to the Budget Process, the expenditure of $6,000 to the 2009 Telegraph LastSunday Fests.
Financial Implications: $6,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

26. Sixth Annual Berkeley World Music Festival (pdf)
From: Councilmember Worthington
Recommendation: Adopt a Resolution proclaiming June 6th, 2009 as the Berkeley World Music Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,479 –N.S.

Action Calendar

Action Calendar – Public Hearing

27. Downtown Area Plan and Associated General Plan Amendments (pdf) 

Downtown Area Plan Supplemental Information (pdf)
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion, provide direction to staff as to any modifications to the Planning Commission's recommended draft General Plan Amendments conforming the General Plan to the proposed Downtown Area Plan.  A meeting is scheduled for further Council consideration and direction on June 9 prior to Council consideration of adoption on July 7.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing. 46 speakers. Public hearing continued to June 9, 2009.
Action: Discussion held.  Continued to June 9, 2009.

Action Calendar – Old Business

28. Communication with the Attorney General (Continued from May 19, 2009) (pdf) 
From: Medical Cannabis Commission
Recommendation: Authorize the Mayor to sign a letter to Attorney General Eric Holder in support of Justice Department actions to focus medical marijuana enforcement on those abusing state and local laws.
Financial Implications: None
Contact: Wendy Cosin, Commission Secretary, 981-7400
Action: Moved to Consent Calendar.  Approved the Medical Cannabis Commission’s recommendation to authorize the Mayor to sign a letter to Attorney General Eric Holder in support of Justice Department actions to focus medical marijuana enforcement on those abusing stated and local laws. .

29. Climate Action Plan (pdf) 
Climate Action Plan Presentation (pdf) 
Climate Action Plan Supplemental 1 (pdf)
Climate Action Plan Supplemental-District 4 (pdf)
From: City Manager 
Recommendation: Adopt a Resolution adopting the proposed Negative Declaration for the Berkeley Climate Action Plan (CAP), and adopt the Berkeley Climate Action Plan, including amendments approved by City Council on May 5, 2009.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: 22 Speakers.  M/S/C (Wozniak/Maio) to adopt Resolution No. 64,480–N.S. adopting the proposed Negative Declaration for the Berkeley Climate Action Plan (CAP), and adopt the Berkeley Climate Action Plan, including amendments approved by City Council on May 5, 2009 and June 2, 2009.  Amendments from June 2, 2009 are as follows:

1.   Revised Resolution to read as follows:

WHEREAS, the City Council has considered the initial study and proposed Negative Declaration together with comments received during the public review process, and finds on the basis of the whole record that there is no substantial evidence the Climate Action Plan may have a significant adverse effect on the environment, and that the Negative Declaration reflects the lead agency’s independent judgment and analysis

2.  Chapter 3, pg. 18 – added the following language:

Berkeley has a good record of accommodating its share of regional growth.  For example, for the previous Regional Housing Needs Allocation (RHNA), Berkeley was expected to build 1,269 new housing units between 1999 and 2006.  Berkeley in fact built 1,234 new units during this period which is 97% of its previous RHNA goal.

So while Berkeley should continue to build more housing, greater emphasis should be placed on those communities that are transit rich, and have not met their RHNA goals to accommodate more of the region’s growth demands.  Berkeley’s actions in itself will not address regional population growth and every community should meet its responsibility to accommodate growth.

3.  Chapter 3, pg. 25 – removed the following language regarding accessory dwelling units:

“Reduce the minimum lot size for construction of an accessory dwelling unit within a ¼ mile of selected transit lines in order to encourage more construction of these units”

“Remove some of the restrictions on Accessory Dwelling Units near certain transit nodes.  These might include reduced parking requirements, increased size limits or increased allowed densities.”

4.  Chapter 3, pg. 26 – amended and included the following:

Encourage the preservation and adaptive reuse of historic buildings.

Preservation can be an important climate action strategy which does not conflict with the goal of building new housing to encourage people to live along major corridors.

The preservation and reuse of existing buildings not only preserves embodied energy in older buildings, but it also decreases the carbon footprint that results from tearing down older buildings, transporting demolition debris, and building newer buildings.

Existing buildings could be intensified to create more housing or commercial space to meet future needs.  Additionally, preserving existing buildings does not preclude the ability for new buildings to be built.

5.  Chapter 3, pg. 25 – added the following language

None of the proposed Zoning or General Plan changes shall have any force or effect until approved by a separate action of the City Council.  Such amendments will undergo thorough review by commissions, community members and the City Council.  This review process will include noticed public hearings.

6.   Increased the goal of reduced greenhouse gas emissions from 2% to 3% in the next two years.

Vote: All ayes.

Action Calendar – New Business

30.  Budget Update/Council Comments/ Fiscal Year 2010 Tax Rates and Fiscal Year 2010 Temporary Appropriations
From: City Manager

a. Update in Council Budget Referrals and Response to Council Comments (pdf)
Recommendation:
Provide comment.
Contact: Tracy Vesely, Budget Manager, 981-7000
Action: 7 Speakers. Presentation made and discussion held.  Added Councilmember Arreguin’s referral of $50,000 to the budget process for funding of the R.I.S.E. program at Berkeley High School and Councilmember Worthington's referral for an additional $97,656 for Options Recovery Services..

b. FY 2010 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (pdf)
Recommendation:
Adopt first reading of an Ordinance setting the FY 2010 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of $.04083 (4.083 cents) per square foot of improvements for dwelling units and $.061245 (6.1245 cents) for the 18 month period from January 1, 2009 to June 30, 2010; and setting the rate for all other property at an annual rate of $.06179 (6.179 cents) and $.0927(9.27 cents) for the 18 month period from January 1, 2009 to June 30, 2010.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,085–N.S.  Second reading scheduled for June 9, 2009.

c. FY 2010 Tax Rate: Disaster Fire Protection (Measure Q) (pdf)
Recommendation:
Adopt first reading of an Ordinance setting the FY 2010 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,086–N.S.  Second reading scheduled for June 9, 2009.

d. FY 2010 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (pdf)
Recommendation:
Adopt first reading of an Ordinance setting the FY 2010 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.025%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,087–N.S.  Second reading scheduled for June 9, 2009.

e. FY 2010 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election of November 2008 (pdf)
Recommendation:
Adopt first reading of an Ordinance setting the FY 2010 tax rate for the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.0001106%.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,088–N.S. as amended to revise the tax rate to 0.01106%.  Second reading scheduled for June 9, 2009.

f. FY 2010 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) (pdf)
Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0135%).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,089–N.S.  Second reading scheduled for June 9, 2009.

g. FY 2010 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (pdf)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.00001%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,090–N.S. as amended to revise the tax rate to 0.001%.  Second reading scheduled for June 9, 2009.

h. Temporary Appropriations FY 2010 (pdf)
Recommendation:
Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2009, until the effective date of the FY 2010 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,481–N.S. authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2009 until the effective date of the FY 2010 Annual Appropriations Ordinance.

31. Energy Efficiency and Conservation Block Grant Application (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application and an Energy Efficiency and Conservation Strategy to the US Department of Energy, execute any related revenue agreements and amendments and accept funds for the Berkeley Energy Initiative, a proposed comprehensive energy audit and improvement incentive program, from Federal Energy Efficiency and Conservation Block Grant program in the amount of up to $1,013,500 for the approximate period from August 1, 2009 through July 31, 2012.
Financial Implications: ARRA Stimulus Fund - $1,013,500
Contact: Dan Marks, Planning and Development, 981-7400

Action: Moved to Consent Calendar.  Adopted Resolution No. 64,482–N.S. authorizing the City Manager to submit an application and an Energy Efficiency and Conservation Strategy to the US Department of Energy, execute any related revenue agreements and amendments and accept funds for the Berkeley Energy Initiative, a proposed comprehensive energy audit and improvement incentive program, from Federal Energy Efficiency and Conservation Block Grant program in the amount of up to $1,013,500 for the approximate period from August 1, 2009 through July 31, 2012.  City Manager to explore the possibility of working with Alameda County in the second year of the grant and the possibility of incentives for local hires.

32. Traffic Calming Policy and Procedures (pdf)
From: City Manager
Recommendation: Adopt a Resolution establishing a revised Traffic Calming Policy to: 1) establish an annual cycle with specific timelines and procedures for submitting, qualifying and processing traffic calming requests, regardless of where the request originates; 2) conduct data collection and traffic calming studies for requests with a validated problem and that meet specified criteria; 3) generate an annual, updated prioritized list of traffic calming CIP projects; and 4) allocate available funds for implementation of projects according to their priority and 5) rescind Resolution 63,508-N.S.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action: Removed from agenda and referred to the Agenda Committee for rescheduling. 
Vote: Ayes–Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes–Wozniak.

33.  Evaluation of Speed Cushions

a. From: Commission on Disability (pdf)
Recommendation:
Allow for the construction of a “few” additional test areas for speed cushions in the neighborhoods identified per Councilmember’s Maio Council Item of April 21, 2009, in consultation with the City’s Disability Services Specialist and the appropriate Fire Department staff.  During this supplemental test period, continue the existing moratorium on the installation of any additional speed humps, by any name, until a study can be conducted documenting whether any deleterious effects exist for people with disabilities who must traverse over these devices, either as a driver or a passenger, in a variety of vehicle types.
Financial Implications: See report
Contact: Paul Church, Commission Secretary, 981-6300

b. From: City Manager (pdf)
Recommendation:
Adopt a Resolution to end the moratorium on installation of vertical deflections (including speed cushions) as an option for physical traffic calming measures. Allow selective implementation of vertical pavement deflections in residential areas on non‑emergency response routes when recommended by a traffic calming study with input from emergency services personnel and the Disability Services Specialist.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action: Removed from agenda and referred to the Agenda Committee for rescheduling. 
Vote: Ayes–Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes–Wozniak.

34.  Utility Undergrounding Policy for Rule 20A Monies

a. From: Public Works Commission (pdf)

Recommendation: 1.   Reaffirm past policy adopted by the Council on December 19, 2000 that prioritized the undergrounding of major arterial routes that were also emergency/evacuation routes by adopting the priority routes that meet the convergence of the three criteria:

a.         Major arterial route as designated by the General Plan;

b.         Major emergency/first responder/evacuation route as designated by the General Plan;

1.   Highest traffic volume as determined by the Transportation Division.

2.   Adopt a sequential priority of streets for undergrounding with 20A funds (and other funding when available) as follows:

a.   Ashby/Tunnel (even if Caltrans funding is not obtained)

b.   Sacramento/Hopkins/Gilman

c.   Complete the following current isolated pieces: MLK, Channing to Ashby; Dwight west of MLK; Marin from circle to city line; Solano from above the Alameda to circle.

3.   Encourage the University of California to take responsibility for undergrounding streets that significantly serve the University and its students, namely Hearst, Haste and Dwight from College to MLK; College to Stuart.

4.   Assure the completion of the remaining districts in the pipeline, namely Miller/Stevenson (#47); Grizzly Peak/Summit (#48); and Vistamont/Woodmont (#35A).

5.   Approve the use of 20A funds, in all future 20A projects that meet this policy’s public interest criteria, to pay for the hook ups on private property up to 100 feet of trenching and $1500 for each panel conversion (or up to future limits set by the PUC).  In keeping with the public purposes served by these projects, districts shall be formed for each project requiring notification of all affected property owners but not their signatures on a petition.

6.   Adopt a Five-Year Plan, as attached hereto, and direct the Public Works Commission to work with staff each year to provide the Council with an annual update to the Plan.
Financial Implications: See report
Contact: Jeff Egeberg, Commission Secretary, 981-6400

b. From City Manager (pdf)
Recommendation:
Accept the recommendations in the companion report from the Public Works Commission with additional provisions as presented in this report regarding (1) potential funding from Caltrans on Ashby Avenue/Tunnel Road, (2) use of Rule 20A funds on private property, and (3) the extent of the 5-year plan presented by the Commission.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6400
Action: Removed from agenda and referred to the Agenda Committee for rescheduling.

35.   Crisis Intervention Training for Berkeley Police Officers

a. From: Mental Health Commission (pdf)
Recommendation:
Authorize a FY 2010-11 General Fund allocation in the amount of $125,000 to provide eight hours of Crisis Intervention Training for all Berkeley police officers to effectively interact with persons experiencing acute mental health crises.
Financial Implications: General Fund - $125,000
Contact: Carol Patterson, Commission Secretary, 981-5100

b. From: City Manager (pdf)
Recommendation:
Direct the Police and Health and Human Services Departments to jointly develop a pilot eight-hour Crisis Intervention Training for Berkeley Police Officers in collaboration with the Crisis Intervention Training (CIT) Subcommittee of the Mental Health Commission.
Financial Implications: See report.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to direct the Police and Health and Human Services Departments to jointly develop a pilot eight-hour Crisis Intervention Training for Berkeley Police Officers in collaboration with the Crisis Intervention Training (CIT) Subcommittee of the Mental Health Commission.

Action Calendar – Councilmember Item

36. City Attorney - Extend Length of Search (pdf) 
From: Councilmember Worthington
Recommendation: That the Berkeley City Council extend the search for the City Attorney to July 7th 2009.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: No action taken.

Information Reports

37. Financial Impacts of Proposed Sunshine Ordinance Charter Amendment (pdf)
From: City Manager
Contact: Christine Daniel, Deputy City Manager, 981-7000
Action:  Received and filed.

38. Summary of Activities for 2008 and Work Plan for 2009 (pdf)
From: Fair Campaign Practices Commission
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Received and filed.

39. Parcel Based Special Taxes, Fees and Assessments Audit - Status Report (pdf) 
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

40. Business License Tax Program Audit Report Fiscal Year 2008 (pdf)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Received and filed.

41. Transmission of Annual Management Letter from Outside Auditors (pdf)
From: Mayor Bates
Contact: Tom Bates, Mayor, 981-7100
Action:  Received and filed.  City Manager to return in Fall 2009 with a report on implementation.

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

Adjournment 11:29 p.m. in honor of Clara Birch and Dr. George Tiller.

Communications

Item 27: Downtown Area Plan and Associated General Plan Amendments
1.      Martha Nicoloff
2.      Clifford Fred

Item 29: Climate Action Plan
3.      Michael Katz
4.      Martha Nicoloff
5.      Shirley Dean
6.      Janice Thomas, on behalf of Save Strawberry Canyon
7.      Clifford Fred
8.      Austene Hall
9.      Pamela Sihvola, on behalf of Committee to Minimize Toxic Waste (CMTW)
10. Judith Epstein

Item 34: Utility Undergrounding Policy for Rule 20A Monies
11. Samuela Evans

Comments Regarding Pacific Steel Casting Company
12. Janice Schroeder, on behalf of West Berkeley Alliance for Clean Air and Safe Jobs

Proposition1E
13. Howard King, on behalf of the Berkeley/Albany Mental Health Commission

Library Budget/Barcode System
14. Gene Bernardi, on behalf of Berkeleyans Organizing for Library Defense (SuperBOLD)
15. Arlene Merryman

Sweatfree Purchasing
16. Jordan Wells

Crime Containment Policy
17. Sam Herbert – Referred to City Manager by Councilmember Wozniak.

Salvation Army Store Closure
18. Maris Arnold

Peak Oil Impacts on Berkeley
19. Erica Etelson, on behalf of the Berkeley Oil Independence Task Force

Supplemental Communications and Reports 1

Item 16: Leases Audit: Conflicting Directives Hinder Contract Oversight
20.  Barbara Gilbert

Item 27: Downtown Area Plan and Associated General Plan Amendments

Supplemental materials, submitted by Planning & Development (see agenda item)
21.  Janet Winter
22.  Stephen Wollmer
23.  Tom Kelly
24.  Kent Lewandowski and Helen Burke, on behalf of the Sierra Club Northern Alameda Group
25.  Gus Yates
26.  Robin Freeman
27.  Jane & Tom Kelly
28.  Wilson Wendt

Item 28: Communication with the Attorney General
29.  Phil Kamlarz, City Manager

Item 29: Climate Action Plan

  • Supplemental materials, submitted by Planning & Development (see agenda item)

30.  Susan Cerny
31.  Stephanie Manning
32.  Barbara Gilbert (2)
33.  Henson Jones
34.  Walter Wood
35.  Pamela Sihvola
36.  Nancy Carleton
37.  Jim Fisher
38.  Marie Bowman, on behalf of Berkeley Alliance of Neighborhood Associations (BANA)

Item 30a: Update in Council Budget Referrals and Response to Council Comments
39 Linda Maio, District 1
40.  Kriss Worthington, District 7

Item 30e: FY 2010 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election of November 2008

  • Revised materials, submitted by Finance

Item 30g: FY 2010 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002

  • Revised materials, submitted by Finance

Item 31: Energy Efficiency and Conservation Block Grant Application
41.  Gordon Wozniak, District 8

Item 34: Utility Undergrounding Policy for Rule 20A Monies
42.  Pamela Doolan

Supplemental Communications and Reports 2

Item 18: Refer $44,000 to the FY 2010/2011 Budget Process for Options’ Recovery Services to Hire a Case Manager/Housing and Benefits Coordinator

  • Revised materials, submitted by Darryl Moore, District 2 (see agenda item)

Item 27: Downtown Area Plan and Associated General Plan Amendments
43.  Phil Morton, on behalf of the Bicycle-Friendly Berkeley Coalition
44.  Erin Rhoades
45.  Barry Luboviski, on behalf of The Building and Construction Trade Council of Alameda County, AFL-CIO

Item 29: Climate Action Plan

Supplemental materials, submitted by Planning & Development (see agenda item)
46.  Austene Hall
47.  Kent Lewandowski, on behalf of the Sierra Club Northern Alameda Group
48.  Vonnie Gurgin
49.  Judith Epstein
50.  Pamela Sihvola, on behalf of Committee to Minimize Toxic Waste (CMTW)

Item 30: Budget Update/Council Comments/ Fiscal Year 2010 Tax Rates and Fiscal Year 2010 Temporary Appropriations
51.  Bobby Miller, on behalf of Options Recovery Services

Item 30a: Update in Council Budget Referrals and Response to Council Comments
52.  Jesse Arreguin, District 4

Item 32: Traffic Calming Policy and Procedures
53.  Gordon Wozniak, District 8

Item 33b: Evaluation of Speed Cushions
54.  Michael Jerrett

Berkeley Poetry Festival
55.  Unknown

 

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