City Clerk
City Clerk

Regular Meeting eAgenda
April 22
, 2008

Printer-friendly PDF* 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.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, April 22, 2008

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Deanna Despain, Deputy 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.

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.

Recess Consent Items

1. Contract No. 7217 Amendment: San Pablo Park Pathway and Frances Albrier Recreation Center Renovations (PDF)

From: City Manager

Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute an amendment to Contract No. 7217 with Rosas Brothers Construction in the amount of $2,000 for a total contract amount not to exceed $545,389 and to extend the contract term to June 31, 2008.

Financial Implications: Capital Improvement Fund - $2,000

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

2.  Fairbanks Scales, Inc. - Emergency Repairs for Transfer Station Scales (PDF) 

From: City Manager

Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to increase purchase authority by $15,000 to a total $40,000 for Fairbanks Scales, Inc., for emergency repairs of scales at the transfer station.

Financial Implications: General Fund -  $40,000

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

Consent Calendar

3.   Proposed Condo Conversion Ordinance, BMC Chapter 21.28 (PDF) 

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 7,025–N.S.

First Reading Vote: Ayes – Maio, Moore, Anderson, Spring, Capitelli, Worthington, Bates; Noes – Wozniak; Abstain – Olds.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

4.  Amendments to BMC 12.70 Regarding Smoking Prohibitions (PDF) 

From: City Manager

Recommendation: Adopt second reading of Ordinance No. 7,026–N.S making the following amendments to Berkeley Municipal Code section 12.70:  1) Amend BMC 12.70.020 (C) which defines "Commercial Area Sidewalk"; 2) Amend BMC 12.70.060 to clarify sign posting requirements.

Financial Implications: See report.

First Reading Vote: All Ayes

Contact: Phil Kamlarz, City Manager, 981-7000

5. Minutes for Approval (PDF) 

From: City Manager

Recommendation: Approve the minutes for the Council meetings of March 3, 2008 (special), March 11, 2008 (regular), March 17, 2008 (special), March 25, 2008 (special and regular), March 31, 2008 (special closed).

Contact: Deanna Despain, City Clerk, 981-6900

6.  Revised June 2008 City Council Meeting Schedule (PDF) 

From: City Manager

Recommendation: Adopt a Resolution amending Resolution 63,559-N.S. to revise the City Council regular meeting schedule for June 2008.

Financial Implications: None

Contact: Deanna Despain, City Clerk, 981-6900

7.  Revised January 29, 2008 Meeting Minutes (PDF) 

From: City Manager

Recommendation: Revise the January 29, 2008 meeting minutes, Item 25, Evidence Theft Issues within the Berkeley Police Department to reflect the following action taken: M/S/C (Wozniak/Maio) (a) accept the City Manager recommendation and accept the recommendation from the Police Review Commission (b), asked the Police Review Commission to submit a report on specific recommendations and directed the City Manager to submit an interim report to Council on March 25, 2008.

Financial Implications: None

Contact: Deanna Despain, City Clerk, 981-6900

8.  City Council Liaison to Selected Commissions (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance removing the provision for Council liaisons on the Citizens Humane Commission, Commission On Aging, Planning Commission, Community Health Commission, and Personnel Board.

Financial Implications: None

Contact: Deanna Despain, City Clerk, 981-6900

9.   Second Amendment to FY 2008 Annual Appropriations Ordinance (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY 2008 Annual Appropriations Ordinance No. 6,987 -N.S. for fiscal year 2008 based upon recommended funding adjustments authorized since July 1, 2007, in the amount of $5,806,276.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

10.  South Berkeley Revolving Loan Fund Certification (PDF) 

From: City Manager

Recommendation: Adopt a Resolution endorsing the South Berkeley Revolving Loan Fund (RLF) Plan Certification as required by the federal Economic Development Administration (EDA).

Financial Implications: See report.

Contact: Michael Caplan, Economic Development, 981-7530

11.  Renewal of the Telegraph Property and Business Improvement District (PDF) 

From: City Manager

Recommendation: Adopt two Resolutions:

  1. Authorizing the City Manager to cast the City's assessment ballot for its commercial property within the boundaries of the Telegraph Property and Business Improvement District (TPBID) in favor of the reestablishment of the District,
  2. Declaring intent to reestablish the TPBID for the ten-year period beginning July 1, 2008 and ending June 30, 2018, setting a public hearing for June 17, 2008 on reestablishment of the District, and directing the City Clerk to conduct a mail ballot of property owners who are to pay the assessment.

Financial Implications: See report.

Contact: Michael Caplan, Economic Development , 981-7530

12.  Council Office Budget Guidelines and Procedures (PDF) 

From: City Manager

Recommendation: Repeal Resolution 62,470-N.S., and adopt a resolution establishing guidelines and procedures for City Council Office Budget expenditure accounts.

Financial Implications: None

Contact: Tracy Vesely, Budget Manager, 981-7000

13. Contract: DataProse Inc, Printing and Mailing Services (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year agreement with DataProse, Inc. to provide printing and mailing services for the period of May 1, 2008 through June 30, 2011, in the amount of $200,000 with an option for two 1-year extensions through June 30, 2013 for a total five (5) year contract amount not to exceed $325,000.

Financial Implications: Various Funds - $325,000

Contact: Robert Hicks, Finance, 981-7300

14. Formal Bid Solicitations and Request for Proposals (PDF) 

From: City Manager

Recommendation: Approve the attached request for proposals (RFP) that will be, or is planned to be, issued upon final approval by the requesting department or division.

Financial Implications: Various Funds - $5,255,342

Contact: Robert Hicks, Finance, 981-7300

15. Annual Investment Report, Revisions to Investment Policies and Designation of Investment Authority (PDF) 

From: City Manager

Recommendation: Adopt a Resolution accepting the Annual Investment Report, and renewing the delegation of authority to make investments to the Director of Finance.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

16. Lease Amendment: 1013 Pardee Street No. 105 (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance to amend Contract No. 7472, approved by Ordinance No. 7,001 - N.S., to increase expenditure authority for warehouse property lease at 1013 Pardee Street No.  105, for the period covering October 1, 2007 to September 30, 2008, to an amount not to exceed $188,293

Financial Implications: Measure Q - $188,293

Contact: Debra Pryor, Fire, 981-3473

17. Contract: Low Income Energy Services (PDF) 

From: City Manager

Recommendation: Adopt a Resolution:

  1. Authorizing the City Manager or his designee to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $199,873 for the period January 1, 2008 through December 31, 2008,
  2. Approving the program priority plans
  3. Authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.

Financial Implications: Various Funds - $199,873 (revenue)

Contact: Jane Micallef, Housing, 981-5400

18.  Appointment of Director of Information Technology (PDF) 

From: City Manager

Recommendation: Adopt a Resolution confirming the appointment of Donna LaSala as Director of Information Technology.

Financial Implications: General Fund - $140,000

Contact: David Hodgkins, Human Resources, 981-6800

19.  Appointment of Director of Parks, Recreation and Waterfront (PDF) 

From: City Manager

Recommendation: Adopt a Resolution confirming of William Rogers as Director of Parks, Recreation and Waterfront.

Financial Implications: Parks Tax Fund and Marina Fund - $143,000

Contact: David Hodgkins, Human Resources, 981-6800

20. Contract No. 7008 Amendment: Hanson Bridgett Marcus Vlahos Rudy LLP (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7008 with Hanson Bridgett Marcus Vlahos Rudy LLP (hereinafter "Hanson Bridgett") by increasing expenditure authority in an amount not to exceed $40,000 for legal services pertaining to federal and state tax issues.

Financial Implications: General Fund - $40,000

Contact: David Hodgkins, Human Resources, 981-6800

21.  Unrepresented Employee Manual - Retiree Medical Plan (PDF) 

From: City Manager

Recommendation: Adopt a Resolution to amend Resolution No. 60,777-N.S., the Unrepresented Employee Manual, to amend Article 13.9 (Fire Chief, Deputy Fire Chief, Assistant Fire Chief and Paramedic Supervisor Retiree Medical Plan), and Article 13.10 (Retiree Medical for the Police Chief and Deputy Police Chief Classification).

Financial Implications: See report

Contact: David Hodgkins, Human Resources, 981-6800

22.  Application: Summer Food Service Program (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City manager to submit an application to the California State Department of Education, Child Nutrition Services Division for the Summer Food Service Program and to execute any resultant agreement and amendments.

Financial Implications: Youth Lunch Fund - $87,695

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

23.  Contract No. 7185 Amendment: East Touchdown Plaza (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7185 with Design, Community & Environment (DC&E) in the amount of $19,380 for additional services necessary to complete the construction bid package for a total contract amount not to exceed $168,021 and to extend the contract term to December 31, 2008.

Financial Implications: MTC Fund - $168,021

Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

24.  Revenue Contracts: Sustainable Energy Financing District (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute revenue contracts and any amendments with a) the Bay Area Air Quality Management District for the approximate period May 1, 2008 through April 31, 2010 in the amount of $75,000 and b) the US Environmental Protection Agency for the approximate period May 1, 2008 through April 31, 2010 in the amount of $115,000 for the development of a Sustainable Energy Financing District program (aka, Berkeley FIRST [Financing Initiative for Renewable and SolarTechnology]).

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

25. Revenue Contract: GHG Environmental Management System (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue contract and any amendments with the Bay Area Air Quality Management District (BAAQMD) for the approximate period May 1, 2008 through December 31, 2009 in the amount of $40,000 in revenues for the development of implementation guidance for local greenhouse gas emissions reduction strategies.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

26. Grant and Contract: California Integrated Waste Management Board and Community Conservation Centers, Inc. (To be delivered) (PDF) 

From: City Manager

Recommendation: Authorize the City Manager to accept the California Integrated Waste Management Board (CIWMB) Grant for a total of $139,255 and adopt a resolution approving a contract with Community Conservation Centers, Inc. (CCC) to manage universal waste collection and recycling for the period of May 1, 2008 - March 31, 2010, in an amount not to exceed $82,300.

Financial Implications: See report.

Contact: Dan Marks, Planning and Development, 981-7400

27. Increase Purchase Order for Evidence Testing (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2008 Purchase Order No. 67626 to Alameda County Criminality Laboratory by $25,000 for evidence testing and analysis services provided in FY 2008 as expenditures exceed the $25,000.00 purchase limit currently authorized.

Financial Implications: See report

Contact: Douglas N. Hambleton, Police, 981-5900

28.  Abatement of Nonconforming/Substandard Sewer Laterals on Private Property (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending BMC Section 17.24 80 to confirm that upon transfer of ownership, the buyer (the new owner) will be responsible for the compliance with this section, and a transfer of ownership between family members does not require inspection or testing if there is no reassessment of property value by the county.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

29.  Lease Agreement: Jonathan Mack, 2435 Channing Way (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Jonathan Mack for a Caribbean clothing and music store at 2435 Channing Way in the Telegraph Channing Garage Shops, generating $64,909 in revenue over an initial three-year term from July 1, 2008 to June 30, 2011 with an additional lease option of five years.

Financial Implications: Off Street Parking Fund - $64,909  (3 year revenue)

Contact: Claudette Ford, Public Works, 981-6300

30. Lease Agreement: Felix Osifo, 2444 Durant Avenue (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Felix Osifo for a retail clothing store at 2444 Durant Avenue in the Telegraph Channing Garage Shops, generating $79,214 in revenue over an initial term of five years from July 1, 2008 to June 30, 2013 with an additional lease option of five years.

Financial Implications: See report.

Contact: Claudette Ford, Public Works, 981-6300

31. Lease Agreement: Revolution Books at 2425C Channing Way (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a new lease agreement with Revolution Books for retail space located at 2425C Channing Way, in the Telegraph/Channing Garage Shops, generating $97,493.88 for the five-year period, June 1, 2008 to May 31, 2013, with an additional lease option of five years.

Financial Implications: See report.

Contact: Claudette Ford, Public Works, 981-6300

32.  Increase Expenditure Authorization for Busch Systems, Inc. for Food Scrap Pails/Recycling Containers (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase the authorized expenditure from $100,000 to $129,505 for Busch Systems, Inc. to provide food scrap pails and recycling containers in FY 2008.

Financial Implications: Refuse Fund - $129,505

Contact: Claudette Ford, Public Works, 981-6300

33. Contract No. 6818 Amendment: Securitas Security Guard Services USA, Inc. for 1947 Center Street and 2180 Milvia Street (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Securitas Security Guard Services USA, Inc. for security guard services at 1947 Center Street and 2180 Milvia Street, increasing the amount by $124,389 for a total not to exceed $433,661, and extending the term by one year for a revised contract period of September 14, 2005 to June 30, 2009.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

34.  Contract No. 7518: Management Recruiters/Berkeley for Temporary Parking Services Staff (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7518 with Management Recruiters/Berkeley for a temporary Parking Services Specialist, increasing the total not to exceed amount by $31,500 to $90,000 for the period July 1, 2007 to August 31, 2008.

Financial Implications: Off Street Parking Fund - $31,500

Contact: Claudette Ford, Public Works, 981-6300

35. Contract: Gallagher & Burk, Inc., Street Rehabilitation FY 2007 Project (PDF) 

From: City Manager

Recommendation: Adopt a Resolution:

  1. Approving plans and specifications for the Street Rehabilitation FY 2007 Project, 08-10318-C;
  2. Accepting the bid of Gallagher & Burk, 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 $2,980,155 for the period of 150 calendar days from the date of the execution of the contract.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

36.  Contract: KJ Woods Construction for Sanitary Sewer Project (PDF) 

From: City Manager

Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Buena Avenue, Josephine Street, et al, and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with K. J. Woods Construction, Inc., until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $459,800 for a term of 220 calendar days from the date of the execution of the contract.

Financial Implications: Sewer Capital Improvement Fund -  $459,800

Contact: Claudette Ford, Public Works, 981-6300

37.Purchase Order: Municipal Maintenance Equipment for Parking Enforcement Vehicles (PDF) 

From: City Manager

Recommendation: Adopt a Resolution accepting the City of San Francisco award for Go-4 vehicles, which satisfies the requirement of Berkeley Charter Section 67, and authorizing the City Manager to execute a purchase order with Municipal Maintenance Equipment for eleven parking enforcement vehicles for an amount not to exceed $321,813.

Financial Implications: Equipment Replacement Fund - $321,813

Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

38.  Non-Retail Uses In Mixed Use Developments That Are Not In Commercial Nodes (PDF) 

From: Mayor Bates and Councilmember Moore

Recommendation: Request the City Manager direct staff to consider changes in current commercial   zoning that would allow non-retail ground floor uses in mixed-use developments between designated commercial nodes and refer to the Planning Commission for consideration and recommendation by November 18, 2008.

Financial Implications: Unknown

Contact: Tom Bates, Mayor, 981-7100

39.  Hours Of Operations At Pay And Display Parking Meters (PDF) 

From: Mayor Bates and Councilmembers Spring and Capitelli

Recommendation: Request the City Manager develop a cost analysis and plan to: 1) Locate Pay and Display meters throughout the downtown area (Hearst to Dwight and Oxford to Martin Luther King Jr. Way);

2) Expand the hours of operations at Pay and Display parking meters until 10:00 p.m.,

3) Allow evening parkers to purchase multiple hours of parking,

4) Dedicate a portion of the revenues to alternative transit modes and the arts.

Financial Implications: Staff time to develop plan.

Contact: Tom Bates, Mayor, 981-7100

40.  Establishing a City Service Animal Ordinance (PDF) 

From: Councilmember Maio

Recommendation: Refer to the City Manager and Disability Commission the development of a program and ordinance which will educate and inform businesses about access rights for disabled individuals and the legal requirements under the Americans with Disabilities Act (ADA) regarding the use of service animals.  A program similar to our non-smoking program might be a useful vehicle.

Financial Implications: None

Contact: Linda Maio, Councilmember, District 1, 981-7110

41.  City Sponsorship of the 2008 Rainbow Berkeley LGBT Pride Celebration on May 18th (PDF) 

From:Councilmembers Worthington and Moore

Recommendation: Approve City sponsorship of the 9th Annual Rainbow Berkeley LGBTQ Pride Celebration.

Financial Implications: None

Contact: Kriss Worthington,  Councilmember, District 7, 981-7170

42. Alcohol-Involved Collision and DUI Arrest Data (PDF) 

From: Councilmembers Spring and Moore

Recommendation: Request the City Manager direct staff to collect data on sources of alcohol in alcohol-involved collisions and DUI Arrests.

Financial Implications: None

Contact: Dona Spring, Councilmember, District 4, 981-7140

43.  Oppose SB 1334 - Lead Plumbing (PDF) 

From: Councilmember Olds

Recommendation: Write a letter to the Honorable Ron Calderon and Senator Don Perata expressing the Berkeley City Council’s opposition to SB 1334.

Financial Implications: None

Contact: Betty Olds, Councilmember, District 6, 981-7160

44. Support Assembly Bill 2586, Protections for Tenants in Foreclosed Properties (PDF) 

From: Councilmember Worthington

Recommendation: Support Assembly Bill 2586 which would establish protections for tenants in foreclosed properties such as providing 60-day notice for eviction, proper noticing of any foreclosures or evictions, end utility shut-offs, and clarify lender obligations.

Financial Implications: None

Contact: Kriss Worthington,  Councilmember, District 7, 981-7170

45. Sponsorship of 6th Annual Holocaust Remembrance Day Event and Approval of Proclamation (PDF) 

From: Councilmember Worthington

Recommendation: Approve City sponsorship of the 6th Annual Holocaust Remembrance Day event and adopt the Holocaust Remembrance Day proclamation.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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.

Action Calendar – Appeal

46.  ZAB Appeal: 1441 Ashby Avenue (PDF) 

       Attachment 5 (PDF)

From: City Manager

Recommendation: Adopt a Resolution affirming the decisions of the Zoning Adjustments Board (ZAB) to certify the Final Environmental Impact Report (EIR) and to approve Use Permit No. 07-10000046 to establish a biodiesel fueling station.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Public Hearings

47. Allocation of Funds for the Federal Community Development Block Grant (CDBG), Emergency Shelter Grant (PDF) 

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution:

  1. Adopting recommendations for funding under the FY 2009 CDBG, ESG, and HOME Community Housing Development Organization (CHDO) operating expense programs (see Attachment 1, Exhibit A); 
  2. Authorizing the execution of resultant agreements and amendments for the FY 2009 CDBG, ESG, and HOME CHDO operating expense funds (5% of the HOME entitlement);
  3. Allocating 85% of the FY 2009 HOME funds to the Housing Trust Fund (HTF) and 10% for HOME program delivery; and
  4. Authorizing the City Manager to submit the  Fourth-Year (FY2009) Annual Action Plan to the U.S. Department of Housing and Urban Development(HUD)which includes the applications.

Financial Implications: See report.

Contact: Jane Micallef, Housing, 981-5400

48.  Grant: 2008 Citizen's Options for Public Safety (COPS) Grant (PDF) 

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to accept $204,495 in California Citizen's Options for Public Safety (State COPS) grant funding for fiscal year 2008 for half time Community Services Specialist I, hourly Juvenile Bureau Counselor(s), hourly Police Aides, overtime and miscellaneous small equipment.

Financial Implications: Citizen's Options Fund: $204,495

Contact: Douglas N. Hambleton, Police, 981-5900

49. Sunshine Ordinance Report (PDF) 

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion give direction to staff on any additional revisions to the draft Sunshine Ordinance and whether to place the Sunshine Ordinance on the May 6, 2008 agenda for a first reading.

Financial Implications: See report

Contact: Zach Cowan, City Attorney, 981-6950

50.  Revised Light Brown Apple Moth Resolution (PDF) 

From: Councilmembers Maio, Moore and Spring

Recommendation: Adopt the following revised Light Brown Apple Moth (LBAM) resolution.

Financial Implications: None

Contact: Linda Maio, Councilmember, District 1, 981-7110

51. Support of a Global Marshall Plan for Universal Wellbeing, Security and Environmental Survival (Continued from March 25, 2008) (PDF) 

From: Councilmember Worthington

Recommendation: Adopt a resolution in support of a Global Marshall Plan for Universal Wellbeing, Security and Environmental Survival

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action Calendar – New Business

52. Addition of Chapter 7.98 to the Berkeley Municipal Code - Special Tax Financing Law - Sustainable Energy Financing District (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance to amend the Berkeley Municipal Code by adding Chapter 7.98 providing for special tax financing for the installation of energy efficiency improvements, including solar.

Financial Implications: See report

Contact: Christine Daniel, Deputy City Manager, 981-7000

53. Increase the City Manager's Authority Over Service Contracts (PDF) 

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 7.18.010A to increase the City Manager's expenditure authority for services to $50,000.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

54. Contracts: Stockton Recycling Inc. & Zanker Road Resource Management for C&D Processing (PDF) 

From: City Manager

Recommendation: Adopt two Resolutions authorizing the City Manager to execute two contracts, each for the term of April 23, 2008 to June 30, 2011, for construction and demolition waste processing with:

  1. Stockton Recycling Company, Inc. ("Stockton") to sort construction and demolition waste for an amount not to exceed $547,688 in FY 2008 and a total contract amount not to exceed $5,476,742; and
  2. Zanker Road Resource Management ("Zanker") for an amount not to exceed $275,508 in FY 2008 and a total contract amount not to exceed $2,755,080.

Financial Implications: See report.

Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Council Items

55.  Support Petition for Review Pertaining to Patient-Health Plan Disputes (PDF) 

From: Councilmember Anderson

Recommendation: Write a letter to the California Supreme Court asking that it grant review of the Appellate Court’ s decision in California Consumer Health Care Council, et al. v. California Department of Managed Health Care, et al., C055056, Cal. App. 3rd District

Financial Implications: None

Contact: Max Anderson, Councilmember, District 3, 981-7130

56.  Opposition to Initiative 1326, Runner Initiative (PDF) 

From: Councilmember Worthington

Recommendation: Adopt a motion expressing its opposition to Initiative 1326, the Runner Initiative, which would increase funding for criminal justice programs by half a billion dollars annually; facilitate the prosecution of more youth as adults; increase penalties for drug offenses and offenses alleged to be “gang” related; create mandatory criminal background checks for housing subsidy recipients; and prohibit bail for undocumented immigrants changed with “gang related” felonies.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

57. Sponsorship of Annual Celebration of Berkeley Conscientious Objectors and War Resisters Day (PDF) 

From: Councilmember Worthington

Recommendation: Approve City sponsorship of the annual Celebration of Berkeley Conscientious Objectors and War Resisters Day to be held on Saturday, May 17, 2008 in Civic Center Park; allow the peace flag be flown in front of City Hall on May 15, 2008; and direct the City Manager to post the events on the City of Berkeley’s Community Calendar.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

58.  Support of HR 2831, Lilly Ledbetter Fair Pay Act of 2007 (PDF) 

From: Councilmember Worthington

Recommendation: Adopt a motion to send a letter to Senators Dianne Feinstein and Barbara Boxer urging them to support H.R. 2831, the Lilly Ledbetter Fair Pay Act of 2007.

Financial Implications: None

Contact: Kriss Worthington, Councilmember, District 7, 981-7170

59. Extension of the Transfer Tax Seismic Exemption to Include a “Green” Exemption for Major Energy Efficiency and Solar Improvements (PDF) 

From: Councilmember Wozniak

Recommendation: Refer to the City Manager a request to develop a ballot measure for the November 2008 election. This measure should provide incentives for Berkeley residents to attain the City’s ambitious Measure G goals of decreasing greenhouse gas emissions by extending the seismic exemption of the Transfer Tax to include a “green” exemption for major energy efficiency and solar improvements. Issues to be considered are:

  1. Should this “green” exemption apply to all structures (residential as well as commercial & industrial) or only residential structures,
  2. What kind of energy improvements should qualify for a “green” exemption and
  3. Should alternate sources of energy, such as photovoltaic, qualify.

Financial Implications: See report

Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Action Calendar – Time Critical Items

60.  Amendments to Development Standards Related to Density Bonus

a. From City Manager (PDF) 

Recommendation:

1.      Consider the two alternate Ordinances attached to this report addressing development standards for mixed-use, commercial and residential buildings in commercial districts;

2.   Find the Ordinances compliant with Dutra, consistent with the General Plan, and exempt from the California Environmental Quality Act of the proposed changes, as discussed in the September 19, 2006 staff report (Attachment 3);  and

3.  Conduct a first reading of the preferred Ordinance language. The Planning Commission recommends adoption of the Joint Subcommittee’s recommended language (Attachment 1), planning staff recommend adoption of the staff recommended language (Attachment 2).

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

b. From: Mayor Bates, Councilmembers Maio and Moore (PDF) 

Recommendation: Consider approving either the Planning Commission or the Planning Staff recommendation to modify the development standards for mixed-use, commercial, and residential building in commercial districts and conduct a first reading of the Ordinance that reflects the approved zoning recommendation. 

If the first reading is approved, schedule a special meeting of the City Council on or before May 1, 2008 for a second reading of the Ordinance, so that it will take effect prior to the June 3, 2008 election. 

The approved Zoning Ordinance amendments shall be deemed repealed if the 2008 Ballot Proposition 98 does not take effect. 

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Information Reports

61.  Unrepresented Temporary Employees (PDF) 

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

62.  LPC NOD: 1124 Addison Street & 2611 Ashby Avenue (PDF) 

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

63.  LPC NOD: 2277 Shattuck Avenue (PDF) 

From: City Manager

Contact: Dan Marks, Planning and Development, 981-7400

64.  Follow-Up Audit of Public Works Construction Contracts (PDF) 

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

65.  Audit: Revised Interim Report on Medi-Cal Mental Health Revenue at Risk (PDF) 

From: Auditor

Contact: Ann-Marie Hogan, Auditor, 981-6750

66.  Summary of Activities for 2007 and Work Plan for 2008 (PDF) 

From: Fair Campaign Practices Commission

Contact: Zach Cowan, City Attorney, 981-6950

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.ci.berkeley.ca.us/video and KPFB Radio 89.3.
 Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/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.ci.berkeley.ca.us/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

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Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

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.

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I hereby certify that the agenda for this 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 17, 2008. 

 Deanna Despain, Deputy City Clerk

Communications – 04/22/08

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Item 46: ZAB Appeal: 1441 Ashby Avenue

1.      Carlvin Justice

Item 47: Allocation of Funds for the Federal Community Development Block Grant (CDBG), Emergency Shelter Grant

2.      Nasira Abdul-Aleem

Item 49: Sunshine Ordinance Report

3.      Dean Metzger

4.      Lynda Winslow

Item 50: Revised Light Brown Apple Moth Resolution

5.      Jane and Michael Hausauer

Pedestrian Safety and Public Review Draft of the Pedestrian Master Plan

6.      Julia Ross (Approximately 150 pages of petitions available for review in Clerk’s office.)

7.      Phillip Price

8.      Juliet Lamont

Bus Rapid Transit

9.      Hank Resnik

10. Sabrina McMurtry

Pacific Steel Casting

11. Jason Kibbey, Community Environmental Advisory Commission

12. Andrew Galpern

Smoking Ordinance

13. Robin Wright

14. Kevin Rothrock

15. Paul Larrinaga

Ballot Measures/South Branch Library

16. Elaine Green, Save Our Library (SOL)

Affordable Housing Agreement on 1950 MLK Jr Way

17. Stephen Wollmer (2)

Crime in South Berkeley

18. Robin Wright

19. Jane Aeon

365/367 Panoramic Way

20. Ann Reid Slaby (2)

Aquatic Park Prostitution

21. Bill Manger

Cal’s High Performance Center

22. James Hill

Support Local Businesses

23. PhoeBe sorgen

Re-Use of Old Buildings

24. Barbara Gilbert

Telecommunication Concerns

25. Weston Lane

Warm Water Pool

26. Marie Bowman

Marine Recruiting Office/Code Pink

  • Voluminous correspondence on file and available for viewing in the City Clerk’s Office

 

 

 

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