berkeley city council agenda committee regular … · item 36: community choice aggregation –...

Monday, April 27, 2009 AGENDA

BERKELEY CITY COUNCIL AGENDA COMMITTEE

REGULAR MEETING

MONDAY, APRIL 27, 2009 2:30 P.M.

6th Floor Conference Room, 2180 Milvia Street

Committee Members: Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak

AGENDA

1. Roll Call

2. Public Comment

3. Approval of Minutes: April 13, 2009

4. Review and Action of draft agendas for May 5, 2009 a. 05/05/09 - 5:30 p.m. Worksession – Presentation of FY 2010 – FY 2011

Proposed Biennial Budget b. 05/05/09 – 7:00 p.m. Regular City Council Meeting

5. Upcoming Council Items: a. Upcoming Council Workshops and Standing Agenda Items b. Items Referred to Agenda Committee for Future or Possible Scheduling

(1) Alcohol Fee and Program Ordinance (2) Nuisance Abatement Against Pacific Steel Casting, 1333 Second

Street (3) Sunshine Ordinance – Information Item, May 2009 - Tentative Worksession – September 2009 (4) Quarterly Crime Report

6. Land Use Calendar – accept and file

7. Adjournment – next meeting May 11, 2009

Monday, April 27, 2009 AGENDA

Additional items may be added to the draft agenda per Council Rules of Procedure. Rules of Procedure Resolution No. 64,235-N.S., Article III, C3c - Agenda - Submission of Time Critical Items

Time Critical Items. A Time Critical item is defined as a matter that is considered urgent by the sponsor and that has a deadline for action that is prior to the next meeting of the Council and for which a report prepared by the City Manager, Auditor, Mayor or council member is received by the City Clerk after established deadlines and is not included on the Agenda Committee’s published agenda.

The City Clerk shall bring any reports submitted as Time Critical to the meeting of the Agenda Committee. If the Agenda Committee finds the matter to meet the definition of Time Critical, the Agenda Committee may place the matter on the Agenda on either the Consent or Action Calendar.

The City Clerk shall not accept any item past the adjournment of the Agenda Committee meeting for which the agenda that the item is requested to appear on has been approved.

This is a meeting of the Berkeley City Council Agenda Committee. Since a quorum of the Berkeley City Council may actually be present to discuss matters with the Council Agenda Committee, this meeting is being noticed as a special meeting of the Berkeley City Council as well as a Council Agenda Committee meeting. This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Deanna Despain, CMC, Acting City Clerk, 981-6900. COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this Special meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 23 2009

Deanna Despain, CMC, Acting City Clerk

Monday, April 13, 2009 MINUTES Page 1

BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MINUTES

MONDAY, APRIL 13, 2009 2:30 P.M.

6th Floor Conference Room, 2180 Milvia Street Committee Members:

Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak 1. Roll Call – 2:31 p.m. 2. Public Comment - 1 3. M/S/C (Wozniak/Bates) to approve the minutes of March 16, 2009 4. Review and Action of draft agendas for April 21, 2009 and April 28, 2009

a. M/S/C (Wozniak/Bates) to approve the 04/21/09 - 5:00 p.m. Worksession – Citywide Pools Master Plan agenda.

b. M/S/C (Wozniak/Bates) to approve the 04/21/09 – 7:00 p.m. Regular City Council Meeting agenda as amended to reflect the following: Item 8 - Formal Bid Solicitation and Request for Proposal Scheduled For Possible

Issuance in the Next 30 Days – change dollar amount in Financial Implications to $3,586,692

Item 36: Community Choice Aggregation – Moved to May 5, 2009 council meeting. Item 44: Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival – added

Councilmembers Moore and Worthington as co-sponsors. Item 53: Declaring Diane Griffin Day, and Thanking Her for Helping Save Taxpayers

$289,000 in Overcharges – moved to Action Calendar. Added Recess Item: Contract Amendment: Needle Exchange Emergency Distribution

c. M/S/C (Wozniak/Bates) to approve the 04/28/09 – 5:00 p.m. Joint Worksession – City Council and Berkeley Redevelopment Agency: West Berkeley Circulation Master Plan and West Berkeley Zoning

5. Upcoming Council Items: a. Upcoming Council Workshops and Standing Agenda Items

M/S/C (Wozniak/Bates) to approve the following Special Worksessions April 28, 2009 – 5:00 p.m. – Joint Worksession – City Council and

Berkeley Redevelopment Agency: West Berkeley Circulation Master Plan and West Berkeley Zoning

May 19, 2009 – 5:00 p.m. – City Council – Downtown Area Plan b. Items Referred to Agenda Committee for Future or Possible Scheduling

(1) Alcohol Fee and Program Ordinance (2) Nuisance Abatement Against Pacific Steel Casting, 1333 Second

Street (3) Sunshine Ordinance – Information Item, May 2009 - Tentative Worksession – September 2009

6. Land Use Calendar – accepted and filed. 7. Adjournment – 2:47 p.m.

Deanna Despain, CMC, Acting City Clerk

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D R A F T P R O C L A M A T I O N

C A L L I N G A S P E C I A L M E E T I N G O F T H E B E R K E L E Y C I T Y C O U N C I L

In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

TUESDAY, MAY 5, 2009 5:30 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Preliminary Matters

Roll Call

Public Comment – Items on this agenda only

Worksession:

1. FY 2010/2011 Proposed Biennial Budget From: City Manager

Adjournment

I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 30th day of April, 2009.

Tom Bates , Mayor

Public Notice – this Proclamation serves as the official agenda for this meeting.

ATTEST:

Date: 4/30/2009 Deanna Despain, CMC, Acting City Clerk

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Tuesday, May 5, 2009 DRAFT AGENDA Page 2

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

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via Internet accessible video stream at http://www.CityofBerkeley.info/video and KPFB Radio 89.3. Archived indexed video streams are available at http://www.CityofBerkeley.info/CityCouncil. Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at http://www.CityofBerkeley.info/CityCouncil

and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main - 2090 Kittredge Street Tel: 510-981-6900 Claremont Branch – 2940 Benvenue TDD: 510-981-6903 West Branch – 1125 University Fax: 510-981-6901 North Branch – 1170 The Alameda Email: [email protected] South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

D R A F T A G E N D A

BERKELEY CITY COUNCIL MEETING

TUESDAY, MAY 5, 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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Deanna Despain, CMC, Acting City Clerk, 981-6900

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting. Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

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In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1. Amendment: FY 2009 Annual Appropriations Ordinance From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,077–N.S. amending the FY 2009 Annual Appropriations Ordinance No. 7,069–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 $10,128,635 (gross) and $5,067,903 (net) and authorize a loan from the General Fund to the Fire & Emergency Services Fund (Measure GG) to cover expenditures from January 1, 2009 to June 30, 2009. Financial Implications: None First Reading Vote: All ayes Contact: Tracy Vesely, Budget Manager, 981-7000

2. Adoption of the Alameda County Ambulance Ordinance From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,078 adding B.M.C. Chapter 12.54 authorizing enforcement in Berkeley of Chapter 6.114 of the Alameda County Ordinance Code. Financial Implications: None First Reading Vote: All ayes Contact: Debra Pryor, Fire, 981-3473

Consent Calendar


3. Lease Agreement: Police Department Substation, 841 Folger Street/3000 Seventh Street From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,079–N.S. authorizing the City Manager to execute a five year lease agreement and any amendments with Sasha Shamszad for real property located at 841 Folger Street/ 3000 Seventh Street for the purpose of leasing office and parking space to the Berkeley Police Department Traffic and Parking Enforcement Units for the five-years from approximately July 1, 2009 to June 30, 2014 with an option to extend for an additional five-year period. Financial Implications: See report First Reading Vote: All ayes Contact: Douglas N. Hambleton, Police, 981-5900

4. Appointment of City Clerk From: City Manager Recommendation: Adopt a Resolution confirming the appointment of Deanna Despain as City Clerk. Financial Implications: Contact: Phil Kamlarz, City Manager, 981-7000

5. Amendment to BMC Chapter 1.26 to Clarify that the City May Seek an Injunction for Violations of Local Law and Amendment to BMC Chapter 1.28 to Make Explicit the City's Inability to Seek Review of the Hearing Officer's Administrative Citation Decisions From: City Manager Recommendation: Adopt a first reading of Ordinances amending Sections 1.26.010 and 1.26.020, and 1.28.130 of the Berkeley Municipal Code (BMC) in order to clarify these provisions. Financial Implications: None Contact: Zach Cowan, City Attorney's Office, 981-6950

6. Minutes for Approval From: City Manager Recommendation: Approve the minutes for the Council meetings of April 20, 2009 (special closed), and April 21, 2009 (special worksession and regular) Financial Implications: None Contact: Deanna Despain, City Clerk Department, 981-6900

7. B.M.C. Section 3.12.060, 6.14 020 and 6.14.050 Amendments: Clarification for City Art Galleries From: City Manager Recommendation: Adopt an Ordinance amending sections 3.12.060, 6.14 020 and 6.14.050 of the Berkeley Municipal Code, to formally authorize creation of the Public Art Committee of the Civic Arts Commission and permit curation of the Addison Street Windows Gallery by a curator overseen by the Public Art Committee and the Civic Arts Commission. Financial Implications: None Contact: Michael Caplan, Economic Development, 981-7530

Consent Calendar


8. Loan Amendment: Berkeley Society for the Preservation of Traditional Music From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing loan agreement with the Berkeley Society for the Preservation of Traditional Music to increase the loan amount by up to $400,000 to be used as bridge financing to complete the construction for the Society's new venue at 2020-2026 Addison Street. In all other respects, the loan agreement dated April 18, 2000, as amended July 16, 2002, December 17, 2003, and April 8, 2008 shall remain in full force and effect. Financial Implications: See report Contact: Michael Caplan, Economic Development, 981-7530

9. Contract No. 7102B Amendment: Laboratory Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with UNILAB-QUEST Diagnostics Laboratory to increase the amount by $250,000 for a total not to exceed $533,363; and to extend the contract period to August 15, 2009. Financial Implications: See report Contact: Fred Medrano, Health and Human Services, 981-5100

10. Classification: Revenue Development Specialist 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 Revenue Development Specialist classification with a monthly salary range of $6,208 - $7,372 to be effective May 17, 2009. Financial Implications: General Fund - $15,000 in FY 2010 Contact: David Hodgkins, Human Resources, 981-6800

11. Classification: Human Resources Technician From: City Manager Recommendation: Adopt a Resolution to amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to revise the classification of Human Resources Technician and increase the salary range to $4,850 - $5,954, and to abolish the Assistant Human Resources classification, effective May 17, 2009. Financial Implications: General Fund - $13,046 in FY 2010 Contact: David Hodgkins, Human Resources, 981-6800

Consent Calendar


12. Contract: Kitchell CEM: Project Management And Construction Administration Services - Berkeley Public Library From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kitchell CEM (Capital Expenditure Managers) to provide project management and construction administration services for the Measure FF – Branch Library Improvement Project in an amount not to exceed $996,900 for all services and reimbursable expenses for the period from May 9, 2009 through December 31, 2012. Financial Implications: See report Contact: Donna Corbeil, Library, 981-6100

13. Contract: Memorandum of Understanding Between the City of Berkeley and the City and County of San Francisco Department of Emergency Management for the Distribution of FY 2007 UASI Regional Funds From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a memorandum of understanding with the City and County of San Francisco Department of Emergency Management for the receipt of FY 2007 UASI Regional Funds in an amount not to exceed $38,566 for vehicle refurbishment and to purchase one portable x-ray system. Financial Implications: See report Contact: Douglas N. Hambleton, Police, 981-5900

14. Purchase Order No. 72853: Toter Incorporated for Refuse and Recycling Roll-Out Carts From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a change order to Purchase Order No. 72853 with Toter Incorporated for refuse and recycling rollout carts, increasing the total from $145,044 to $182,717 for FY 2009. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

15. Contract: Team Ghilotti, Inc. for Berkeley Marina Dock A-B Replacement Project From: City Manager Recommendation: Adopt a Resolution: 1 Approving plans and specifications for the Berkeley Marina Dock A-B

Replacement Project, 09-10392-C 2 Accepting the bid of Team Ghilotti, Inc. 3 Authorizing the City Manager to execute a contract and any amendments,

extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,900,000 for a period of 240 calendar days from the date of the execution of the contract.

Financial Implications: Department of Boating and Waterways Loan Fund – $3.9 Million Contact: Claudette Ford, Public Works, 981-6300

Consent Calendar


16. Agreement: Alameda County Congestion Management Agency - I-80/Gilman Street Interchange Project (Continued from April 21, 2009) From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to: 1 Execute an agreement with Alameda County Congestion Management Agency

(CMA) to lead the project development phase for the I-80/Gilman Interchange improvements;

2 Transfer the $1.2 million federal earmark and $300,000 local match from the City of Berkeley to the CMA to be used towards completion of the development phase of this project.

Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

17. Appointment to Mental Health Commission From: Mental Health Commission Recommendation: Approve the appointment of Geraldine Craig to the Mental Health Commission, as a representative of the Special Public Interest Category, for a three-year term beginning May 6, 2009 and ending May 5, 2012. Financial Implications: None Contact: Carol Patterson, Commission Secretary, 981-5100

18. Community Choice Aggregation From: Energy Commission Recommendation: Refer to the Agenda Committee to schedule a worksession on Community Choice Aggregation (CCA) for the fall of 2009, at which time the Energy Commission will deliver a report. Additionally, the Commission recommends that the $70,000 set aside for CCA be reserved for that purpose. Financial Implications: See report Contact: Neal De Snoo, Secretary, Berkeley Energy Commission, 981-7400

Council Consent Items

19. Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival (Continued from April 21, 2009) From: Councilmembers Anderson, Moore and Worthington Recommendation: Approve co-sponsorship of the 22nd Annual Berkeley Juneteenth Festival to be held on Saturday, June 13, 2009. Financial Implications: General Fund - $4,050 Contact: Max Anderson, Councilmember, District 3, 981-7130

20. Grant: Support of the Berkeley Public Education Foundation From: Councilmember Wengraf Recommendation: Authorize Mayor and Council to transfer funds in an amount not to exceed $75 per Councilmember from their office budget accounts to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon. Direct the City Manager to transfer those funds to the Berkeley Public Education Foundation by May 11th. Financial Implications: See report Contact: Susan Wengraf, Councilmember, District 6, 981-7160

Council Consent Items


21. Support SB 810 California Universal Health Care Act of 2009 From: Councilmember Worthington Recommendation: Support California Senate Bill 810 California Universal Health Care Act of 2009, which would provide every Californian medical, dental, vision, hospitalization and prescription drug benefits. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

22. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds To The Berkeley Student Cooperative From: Councilmember Wozniak Recommendation: Adopt a Resolution to approve the expenditure of $4,000 to the Berkeley Student Cooperative (BSC) with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget. Financial Implications: Budget discretionary account - $4,000 Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

23. ZAB Appeal: 1200 Ashby Avenue From: City Manager Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000133 to construct a five-story mixed-use building. Financial Implications: None Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Action Calendar – Public Hearing


24. Extend Residential Permit Parking Program on Various Streets From: City Manager Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25E, and 25N of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on various streets. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business

25. Allocation of Funds for Community Agencies for FY2010 and Submission of the Fifth Year Annual Action Plan (Continued from April 21, 2009) From: City Manager Recommendation: Conduct a Public Hearing on the Allocation of Funds for Community Agencies for FY2010, including the Submission of the Fifth Year Annual Action Plan, and upon conclusion, adopt a Resolution: 1. Approving proposals for funding under the FY2010 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Investment Partnerships (HOME) Program Community Housing Development Organization (CHDO) operating programs; and 2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds with conditional two-year contracts for all projects in the Public Services category and one-year contracts for other projects; and 3. Allocating 85% of the FY2010 HOME funds to the Housing Trust Fund, 10% for

HOME program administration, and 5% for CHDO Operating programs; and 4. Authorizing the City Manager to submit the Fifth Year Annual Action Plan to the

U.S. Department of Housing and Urban Development (HUD); and 5. Authorizing additional meetings of the Homeless and Human Welfare and

Community Action Commissions for 2010. Financial Implications: See report. Contact: Jane Micallef, Housing, 981-5400

26. Climate Action Plan (Continued from April 21, 2009) a. From: City Manager Recommendation: Adopt a Resolution approving the April 2009 draft of the Berkeley Climate Action Plan as the "preferred project" for the purpose of environmental review. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

b. Energy Commission Information Report Contact: Neal De Snoo, Secretary, Berkeley Energy Commission, 981-7400

Action Calendar – Old Business


27. Proposed Sweatshop Free Ordinance (Continued from April 21, 2009) a. From: Councilmembers Worthington, Moore, Anderson and Arreguin Recommendation: Adopt the Sweatshop-Free procurement ordinance for the City of Berkeley Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170 b. From: Commission on Labor Recommendation: At the Commission on Labor special meeting on February 18, 2009, the Commission adopted the following recommendation: To accept the Sweatshop Free Procurement Ordinance language with amendments as discussed. Financial Implications: The Commission on Labor has not determined the fiscal impacts of a Sweatshop-Free Procurement Ordinance. Contact: Delfina Geiken, Commission Secretary, 981-7551 c. From: City Manager Recommendation: Direct staff to analyze and revise the proposed Sweatshop Free Ordinance passed by the Commission on Labor and bring back to City Council a revised Ordinance that does not result in additional costs, no later than September 29, 2009 for consideration. Financial Implications: See report Contact: Robert Hicks, Finance, 981-7300

Action Calendar – New Business

28. Berkeley Citywide Pools Master Plan - Authorization to Proceed with Environmental Analysis From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to proceed with environmental analysis for the draft Berkeley Citywide Pools Master Plan with alternatives to be considered as directed by the Council. Financial Implications: $25,000 has been budgeted within the existing contract with ELS Architects. Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

29. Presentation: Water Emergency Transportation Authority (WETA) on Locally Preferred Alternative for Ferry Terminal at the Berkeley Marina From: City Manager Contact: Claudette Ford, Public Works, 981-6300

30. Ordinance Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems From: City Manager Recommendation: Adopt the first reading of an ordinance repealing BMC Chapters 16.10, 16.11 and 9.56, and adopting a new Chapter 16.10, "Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems." Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300


Information Reports

31. Settlement of Prentice, et al. v. City of Berkeley, et al.; ACSC No. RG 133031 and Consolidated Actions From: City Manager Contact: Zach Cowan, City Attorney's Office, 981-6950

32. Investment Report: Quarter Ended March 31, 2009 From: City Manager Contact: Robert Hicks, Finance, 981-7300

33. Unrepresented Temporary Employee From: City Manager Contact: David Hodgkins, Human Resources, 981-6800

34. Status Update: Implementation of FUND$ Change Management Audit Recommendations From: City Manager Contact: Donna LaSala, Information Technology, 981-6500

35. Status Update: Implementation of Information Systems General Controls Audit Recommendations From: City Manager Contact: Donna LaSala, Information Technology, 981-6500

Public Comment – Including Items Not Listed on the Agenda –

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via Internet accessible video stream at http://www.CityofBerkeley.info/video and KPFB Radio 89.3. Archived indexed video streams are available at http://www.CityofBerkeley.info/CityCouncil. Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.CityofBerkeley.info.

Information Reports


Agendas and agenda reports may be accessed via the Internet at http://www.CityofBerkeley.info/CityCouncil

and may be read at reference desks at the following locations:

City Clerk Department Libraries: 2180 Milvia Street Main - 2090 Kittredge Street Tel: 510-981-6900 Claremont Branch – 2940 Benvenue TDD: 510-981-6903 West Branch – 1125 University Fax: 510-981-6901 North Branch – 1170 The Alameda Email: [email protected] South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION: This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting.

Mental Health Commission

CONSENT CALENDAR May 5, 2009

To: Honorable Mayor and Members of the City Council From: Mental Health Commission

Submitted by: Carol Patterson, Secretary, Mental Health Commission

Subject: Appointment to Mental Health Commission

RECOMMENDATION Approve the appointment of Geraldine Craig to the Mental Health Commission, as a representative of the Special Public Interest Category, for a three-year term beginning May 6, 2009 and ending May 5, 2012. FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS The Mental Health Commission is authorized to be composed of seventeen members. However, there are presently ten vacancies on the Commission. These vacancies impair the Commission’s ability to adequately review and evaluate the community’s mental health needs, resources, and programs.

Approval of the recommended action will fill one of the current vacancies, and allow the Commission to move one step closer to having a full and diverse complement of commissioners to review and evaluate the community’s mental health needs, resources, and programs.

BACKGROUND The Mental Health Commission is authorized to be composed of seventeen members. California State law requires that appointments to the Mental Health Commission meet specific categories, and may serve up to nine years consecutively. The general public interest category may include anyone who has an interest in and some knowledge of mental health services. The special public interest category includes direct consumers of public mental health services or family members of consumers, which together must constitute at least fifty percent or nine of the commission seats. Direct consumers and family members shall each constitute at least 20% of the commission membership. Two members shall be residents of the City of Albany with at least one of these seats filled by a direct consumer or family member.

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Appointment to Mental Health Commission CONSENT CALENDAR May 5, 2009

Geraldine Craig is a resident of Berkeley, and trained as a Drug & Alcohol Counselor. She has been involved with peace & social justice issues for 30 years, and is concerned about mental health issues and cultural competency. She is an applicant for a Special Public Interest seat.

At its March 26, 2009 meeting, the Mental Health Commission passed the following motion:

M/S/C (Maris, Diehl) Recommend that Geraldine Craig be appointed by the City Council to the Commission. Ayes: Unanimous; Absent: Arreguin, Smith RATIONALE FOR RECOMMENDATION Approval of the recommended action will allow the Mental Health Commission to move one step closer to having a full and diverse complement of commissioners to review and evaluate the community’s mental health needs, resources, and programs.

ALTERNATIVE ACTIONS CONSIDERED None.

CITY MANAGER The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON Carol Patterson, Secretary, Mental Health Commission, (510) 981-5217

Energy Commission

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR May 5 ,2009

To: Honorable Mayor and Members of the City Council From: Energy Commission

Submitted by: Neal De Snoo, Secretary, Berkeley Energy Commission

Subject: Community Choice Aggregation

RECOMMENDATION Refer to the Agenda Committee to schedule a worksession on Community Choice Aggregation (CCA) for the fall of 2009, at which time the Energy Commission will deliver a report. Additionally, the Commission recommends that the $70,000 set aside for CCA be reserved for that purpose. FISCAL IMPACTS OF RECOMMENDATION The City has approximately $70,000 unspent in contracts for professional services related to CCA in the General Fund (010-8308-463-30-38). These include balances in consulting contracts to prepare a CCA implementation plan for filing with the California Public Utilities Commission, additional peer review of the consultant’s reports and a retainer for legal services related to CCA. The Commission’s recommendation is to reserve these funds for that purpose.

CURRENT SITUATION AND ITS EFFECTS A business plan for a CCA with Oakland, Emeryville and Berkeley was released in October 2008 with a staff report to the Berkeley Energy Commission recommending that the City not proceed with a CCA and reprogram the balance of the CCA funding for implementation of the Climate Action Plan.

BACKGROUND The Berkeley Energy Commission has completed an initial review of the Business Plan prepared by Navigant Consulting for an East Bay Community Choice Aggregation (CCA) that would include the cities of Berkeley, Emeryville, and Oakland.

RATIONALE FOR RECOMMENDATION While we recognize that the present economic climate and severe uncertainties concerning energy supply and development may introduce additional challenges to forming a CCA, the strong motivations of local control of our energy destiny, and of the successful pursuance of our Climate Action Plan, lead us to recommend that the City

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Community Choice Aggregation CONSENT CALENDAR May 5 ,2009

continue to study the possibility of forming an East Bay CCA or joining a CCA with other cities.

ALTERNATIVE ACTIONS CONSIDERED The Commission considered the staff recommendation.

CITY MANAGER The City Manager refers this report to the Council Agenda Committee. The City Manager notes that in or about November 2008, Emeryville’s City Council formally withdrew from any further participation in a CCA with Oakland and Berkeley. Therefore the plan is plan is no longer applicable since the plan is based on a CCA that included Emeryville.

CONTACT PERSON Neal De Snoo, Energy Program Officer, Planning Department, 510-981-7439

Item #4b.19

Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival

Please refer to the April 21, 2009 Regular City Council Meeting ,Item 44 for report materials. The report is also on file and available for review at the City Clerk Department, or can be accessed from the City Council Website.

City Clerk Department 2180 Milvia Street Berkeley, CA 94704 (510) 981-6900 or from: The City of Berkeley, City Council’s Web site http://www.cityofberkeley.info

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Susan Wengraf Councilmember District 6

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

CONSENT CALENDAR MAY 5, 2009

To: Honorable Mayor and Members of the City Council

From: Councilmember Susan Wengraf Subject: Grant: Support of the Berkeley Public Education Foundation

RECOMMENDATION Authorize Mayor and Council to transfer funds in an amount not to exceed $75 per Councilmember from their office budget accounts to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon. Direct the City Manager to transfer those funds to the Berkeley Public Education Foundation by May 11th.

FINANCIAL IMPLICATIONS Impacts individual council accounts only.

BACKGROUND The Berkeley Public Education Foundation was created by parents and community leaders to restore excellence in the Berkeley schools. Programs sponsored by the BPEF reach students in all 17 of Berkeley’s schools and include special classroom grants for unique projects as well as the Berkeley High Health Center, music programs and teacher resources. The City partners with BPEF on many of these programs. Each year the BPEF holds a luncheon in which it honors community members who have made outstanding contributions to our public schools. This year’s luncheon will be held on May 15, 2009. The grant will allow the Mayor and Council to attend the luncheon and support the significant contributions of BPEF to our public schools.

CONTACT PERSON

Councilmember Susan Wengraf Council District 6 510-981-7160

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Kriss Worthington Councilmember, City of Berkeley District 7 2180 Milvia St. 5th Floor Berkeley, CA 94704 PHONE 510-981-7170 FAX 510-981-7177 [email protected]


To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington Subject: SUPPORT SB 810 California Universal Health Care Act of 2009 RECOMMENDATION: Support California Senate Bill 810 California Universal Health Care Act of 2009, which would provide every Californian medical, dental, vision, hospitalization and prescription drug benefits. BACKGROUND: Reintroduced by Senator Mark Leno, SB 810 (originally introduced in 2007 by Senator Sheila Kuehl as SB 840 and SB 1014), the California Universal Health Care Act, establishes a modern universal health care system to cover every California resident with comprehensive benefits, contains the growth in health care spending and ensures patient-centered high quality health care. SB 810 is co-authored by 43 legislators in both houses. There are an estimated 7 million uninsured Californians who live without health care. The high cost of health care has forced families to live without the certainty that in an emergency they would have adequate health coverage. SB 810 would establish the California Healthcare Agency to administer the California Healthcare System, which would, on a single-payer basis negotiate for or set fees for health care services provided through the system and pay claims for those services. This plan would emphasize prevention and primary health care. The plan is primarily funded by replacing premiums currently paid to insurance companies with premiums paid into a health care trust fund. This legislation could save billions on administrative costs and covers everyone regardless of their employment status or pre-existing conditions. FINANCIAL IMPLICATIONS: None. CONTACT PERSON: Councilmember Kriss Worthington 981-7170.

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Gordon Wozniak Councilmember District 8

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7180 ● TDD: (510) 981-6903 ● Fax: (510) 981-7188 E-mail: [email protected]


To: Honorable Mayor and Members of the City Council From: Councilmember Gordon Wozniak, District 8

Subject: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds To The Berkeley Student Cooperative

RECOMMENDATION Adopt a Resolution to approve the expenditure of $4,000 to the Berkeley Student Cooperative (BSC) with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget. FISCAL IMPLICATIONS No General Fund impact; $4,000 is available from Councilmember Wozniak’s Office Budget discretionary account. BACKGROUND We are proposing that the City Council make a grant of $4,000 to BSC to fund conservation projects, resource efficiency improvements, education, and other innovative projects in line with the City of Berkeley’s Measure G goals to help reduce the environmental impact and greenhouse gas emissions of the BSC community. The BSC are a community of students living in 20 properties around the UC Berkeley campus. In BSC co-ops there are many diverse backgrounds, ages, interests, nationalities, and lifestyles drawn together into a community that promotes friendships, greater understanding of others, and an exchange of knowledge. The BSC co-ops have long been committed to principles of environmental sustainability. In 2006 Berkeley voters passed Measure G, a measure to reduce the green house gas (GHG) emissions of the entire Berkeley community by 80 percent by 2050. Additional funds would help BSC improve the environmental sustainability of their community and reduce their output of GHG emissions as mandated by Measure G. CONTACT PERSON Councilmember Gordon Wozniak Council District 8 981-7180

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RESOLUTION NO. ##,###-N.S.

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Councilmember Wozniak has surplus funds in his office expenditure account (budget code 010-0281-410); and WHEREAS, a California non-profit tax exempt corporation Berkeley Student Cooperative seeks funds in the amount of $4,000 to provide the following public services of conservation projects, resource efficiency improvements, education, and other innovative projects in line with the City of Berkeley’s Measure G goals to help reduce the environmental impact and greenhouse gas emissions of the Berkeley Student Cooperative; and WHEREAS, the provision of such services would fulfill the following municipal public purpose of support staff, energy audits, purchasing materials to implement energy efficiency improvements, like low-flow showerheads, weather-stripping, energy efficient appliances, and/or education materials to reduce the greenhouse gas emissions of the BSC. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract with Berkeley Student Cooperative not to exceed the amount of $4,000 to fund the following services of conservation projects, resource efficiency improvements, education, and other innovative projects in line with the City of Berkeley’s Measure G goals to help reduce the environmental impact and greenhouse gas emissions of the Berkeley Student Cooperative.

Item #4b.26b

Climate Action Plan

Please refer to the April 21, 2009 Regular City Council Meeting ,Item 57b for report materials. The report is also on file and available for review at the City Clerk Department, or can be accessed from the City Council Website.


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Item #4b.27a

Proposed Sweatshop Free Ordinance

Please refer to the April 21, 2009 Regular City Council Meeting ,Item 58a for report materials. The report is also on file and available for review at the City Clerk Department, or can be accessed from the City Council Website.


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Item #4b.27b

Proposed Sweatshop Free Ordinance

Please refer to the April 21, 2009 Regular City Council Meeting ,Item 58b for report materials. The report is also on file and available for review at the City Clerk Department, or can be accessed from the City Council Website.


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Budget Calendar for the Development of the Fiscal Year 2010 & 2011 Biennial Budget March 17, 5 p.m.

FY 2010-2011 Budget Recommendations and Strategies – Impacts of State Budget and Federal Stimulus Funding Workshop

March 24, 5 p.m.

Council Feedback on Priorities & Program Focus: Capital Improvement Program Workshop

April 21, 5 p.m. Citywide Pools Master Plan Workshop

April 21, 7 p.m. Public Hearing on CDBG & ESG Annual Action Plan and proposed funding allocations to community agencies Action Calendar

May 5, 5 p.m. Presentation of FY 2010 & FY 2011 Proposed Biennial Budget Workshop

May 5, 7 p.m. Adopt funding allocations and Action Plan for CDBG and ESG Action Calendar

May 19, 7 p.m. Public Hearing #1: Budget & Fees Action Calendar

May – June Community Meetings on the proposed budget No Council Action

June 2, 7 p.m. Council recommendations on budget due to City Manager Action Calendar June 9, 7 p.m. Public Hearing #2: Budget & Fees Action Calendar June 23, 7 p.m. Adopt FY 2010 & FY 2011 Biennial Budget & Tax Rates Action Calendar

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berkeley city council agenda committee regular … · item 36: community choice aggregation –...

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