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Regular Meeting Annotated Agenda
July 22, 2008

Printer-friendly PDF* annotated agenda 

 

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

Note: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 22, 2008

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 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – vacant

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call: 7:06 p.m.  Absent Olds.  Olds present at 7:11 p.m.

Ceremonial Matters:

  1. Robert McKnight retirement
  2. In recognition of June Batterman

City Manager Comments:  Service for Dona Spring to be held at Civic Center Park on August 10, 2008.  More details to follow. 

Public Comment on Non-Agenda Matters: 5

Public Comment on Consent Calendar and Information Items Only: 3

Consent Calendar

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

1. City Acquisition of 1 Bolivar Drive (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,054–N.S. authorizing the City Manager to execute all necessary documents required to purchase the real property located at 1 Bolivar Drive, Berkeley, CA from William J. Petzel and Margaret P. Petzel, Trustees of the Petzel Family Trust dated April 23, 2004, as to an undivided 5.6% interest; and Victor G. Prada, a married man as his sole and separate property, as to an undivided 61.1% interest; and Richard Smith, a married man as his sole and separate property, as to an undivided 11.1% interest; and Jonathan Francis and Sally Ann Francis, Trustees of the Francis Family Trust, 1999 U/T/D dated June 11, 1999, as to an undivided 22.2% interest.
First Reading Vote: All Ayes
Financial Implications:  None
Contact: Phil Kamlarz, City Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,054–N.S.

2. Lease Agreement: The Friends of the Berkeley Public Library for a Used Bookstore at 2433 Channing Way (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,055–N.S. authorizing the City Manager to execute a lease agreement with The Friends of the Berkeley Public Library for the purpose of operating a used bookstore at 2433 Channing Way in the Telegraph/Channing Garage Shops, generating $51,559 in revenue over a term of five-years from October 1, 2008 to September 30, 2013 with an additional lease option of five years.
First Reading Vote: All Ayes
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7055–N.S.

3. Lease Agreement: Shireen Kaviani for Brazilian Jiu-Jitsu Martial Arts Gym, Telegraph/Channing Garage Shops (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,056–N.S. authorizing the City Manager to execute a lease agreement with Shireen Kaviani for a Brazilian Jiu-Jitsu Martial Art Gym at 2438 Durant Avenue in the Telegraph Channing Garage Shops, generating $97,591 in revenue over an initial term of five years from September 1, 2008 to August 30, 2013 with an option to renew for another five-year term.
First Reading Vote: All Ayes
Financial Implications: Revenue: Off Street Parking Fund - $97,591.
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,056–N.S.

4. Minutes for Approval (pdf)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 10, 2008 (regular); June 16, 2008 (special closed); June 17, 2008 (regular); June 24, 2008 (special and regular); June 30, 2008 (special).
Financial Implications: None
Contact: Deanna Despain, Acting City Clerk, 981-6900
Action: Approved minutes as submitted.

5. Berkeley Fire Fighters Association /I.A.F.F. Local 1227 Side Letter – Staffing and Units in Operation (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with the Berkeley Fire Fighters Association /I.A.F.F. Local 1227 to modify Section 45 of the Memorandum of Understanding to confirm the Fire Department’s normal staffing levels and, in the event of a fiscal emergency, to provide for a meet and confer process to discuss a temporary staffing reduction plan.
Financial Implications:
See report
Contact: Dave Hodgkins, Human Resources, 981-6800
Action: Adopted Resolution No. 64,141–N.S.

6. Contract No. 7235 Amendment: Refuse Service Rate Review (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment in the amount of $26,675 with R3 Consulting Group, Inc., for completion of a refuse services rate review for a total contract amount not to exceed $67,225 for the period April 1, 2007 through June 30, 2009.
Financial Implications: Refuse Fund - $26,675
Contact: Tracy Vesely Budget Manager, 981-7000
Action: Adopted Resolution No. 64,142–N.S.

7. Supportive Housing Program Intensive Services Contract and other PCEI-related Contracts (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with LifeLong Medical Care (LifeLong) to provide the City with intensive supportive services and case management to formerly homeless individuals placed in permanent housing units in an amount not to exceed $100,000 for the period July 1, 2008 through June 30, 2009.
Financial Implications: General Fund - $100,000
Contact: Jim Hynes, Assistant City Manager, 981-7000
Action: Adopted Resolution No. 64,143–N.S.

8. Contract: Berkeley Host Program (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Business Association, the Telegraph Business Improvement District, and Options Recovery Services, a partnership which will be referred to collectively as “DOT”, to develop a pilot Host Program for the City that will address street behavior, streetscape, and visitor concerns by employing individuals to be the eyes and ears on the street in the Downtown Shattuck and Telegraph Avenue areas in an amount not to exceed $200,000 per year for the period September 1, 2008 through August 31, 2010.
Financial Implications: See report.
Contact: Jim Hynes, Assistant City Manager, 981-7000
Action: Moved to Action Calendar.  M/S/C (Maio/Moore) to adopt Resolution No. 64,144–N.S. as amended to include language to place a priority on assisting people into support services, and inclusion of a performance evaluation of the program by City staff.

9. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (pdf)
From: City Manager
Recommendation: Approve the attached new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.
Financial Implications: Various Funds - $355,700
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

10. Lease Agreement: City-Owned Property Near Fourth and Harrison Streets (pdf)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with Building Opportunities for Self-Sufficiency (BOSS) to lease a City-owned parcel of property near Harrison Street at the abandoned Fourth Street for a five-year period with a conditional option to extend for an additional five-year period.
Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400
Action: Adopted first reading of Ordinance No. 7,057–N.S.  Second reading scheduled for September 16, 2008.

11. Contract No. 6893B Amendment: Nexus IS - Telephone Equipment Warranty (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6893 with Nexus IS for an extended telephone equipment warranty, increasing the amount by $120,000, for a total contract amount not to exceed $290,000 and extending the term to June 30, 2010.
Financial Implications: General Fund - $120,000
Contact: Donna LaSala, Information Technology, 981-6500
Action: Adopted Resolution No. 64,145–N.S.

12. Agreement: Operations and Maintenance of Sports Fields - Association of Sports Field Users (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Association of Sports Field Users (ASFU) to operate and maintain the sports fields at Gilman Street
Financial Implications: Annual revenues are estimated at $228,000 and annual expenses are estimated at $120,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 64,146–N.S.

13. Contract Amendment: Design and Engineering Services - Gilman Street Sports Fields Project (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6857 with SFE Landscape Architects to provide design and engineering services for construction of portions of Phase 2 of the Gilman Street Sports Fields project in an amount not to exceed $50,000 for a new contract total not to exceed $560,476 which includes a 10% contingency; and extending the term through December 31, 2009.
Financial Implications: $50,000 -
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 64,147–N.S.

14. Park Bench Donation Policy (pdf)
From: City Manager
Recommendation: Adopt a Resolution approving the revised bench donation policy and establishing a process and conditions for granting bench donations, both anonymous and memorial types.
Financial Implications: None
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,148–N.S.

15. Reorganization of Community Energy Services Corporation (pdf)
From: City Manager
Recommendation: Amend Resolution No. 55,741-N.S. and the by-laws of the Community Energy Services Corporation (CESC) to allow CESC to appoint its own Board of Directors pursuant to its by-laws.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted Resolution No. 64,149–N.S.

16. Purchase Order: San Francisco Ford Lincoln Mercury for Two Autocars WX64 w/ Rear Loader Refuse Truck (pdf)
From: City Manager
Recommendation: Adopt a Resolution accepting the City and County of San Francisco's bid procedures to satisfy the requirement of Berkeley Charter Section 67, and authorizing the City Manager to execute a purchase order with San Francisco Ford Lincoln Mercury in an amount not to exceed $442,822 to purchase two 2008 Autocars WX64 with Leach 2R-III Rear Loader Refuse Trucks for the Public Works Department.
Financial Implications: Equipment Replacement Fund - $442,822
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 64,150–N.S.

17. Contract No. 7543 Amendment: Four Star Cleaning and Restoration for Structural Repairs at the Mental Health Building Repairs (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7543 with Four Star Cleaning and Restoration for additional structural repairs at the Mental Health Building on 2640 Martin Luther King Jr. Way in the amount of $44,097 for a revised contract amount not to exceed $215,778.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 64,151–N.S.

18. Contract: Precision Engineering, Inc. for Sanitary Sewer Project at Arch Street, Campus Drive (pdf)
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Arch Street, Campus Drive, et al, and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with Precision Engineering, Inc., until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $420,226 for a term of 220 calendar days from the date of the execution of the contract.
Financial Implications: Sanitary Sewer Fund - $420,226
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 64,152–N.S.

19. Contract No. 7198 Amendment: SCS Field Services for Berkeley Landfill Maintenance Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment with SCS Field Services (Contract No. 7198) for additional Berkeley Landfill monitoring services required by the Regional Water Quality Control Board in an amount not to exceed $245,000 for a revised contract amount not to exceed $495,000 for the period to April 2, 2007 to March 31, 2010.
Financial Implications: Refuse Fund: $245,000
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 64,153–N.S.

20. Contract: Burks Toma Architects for Architectural and Engineering Services for the New Animal Shelter (pdf)
From: City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Burks Toma Architects to provide architectural and engineering services for the Animal Shelter to be located at 1 Bolivar Drive, for an amount not to exceed $500,000 including all reimbursable expenses for the period August 1, 2008 through June 30, 2010.
Financial Implications: Measure I Funds - $500,000.
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 64,154–N.S.

20.1 Donation by Friends of Berkeley Tuolumne Camp to City of Berkeley Tuolumne Camp Staff (pdf)
From: City Manager
Recommendation: Adopt a Resolution accepting a donation of cash and/or goods from the Friends of Berkeley Tuolumne Camp (FOBTC) valued at $13,000 on an annual basis for Camp staff in a manner to be determined by the City Manager; and authorizing an increase in compensation to Camp staff.
Financial Implications: None
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 64,155–N.S.

Council Consent Items

21. Commission Referral: Bee Habitats and Pollinator-Friendly Vegetation in Appropriate Parks and Open (pdf)
From: Mayor Bates and Councilmember Olds
Recommendation: Refer the research and development of policies and practices that promote bee habitats and pollinator-friendly vegetation in appropriate parks and open spaces to the Parks and Recreation Commission and request they return to Council no later than February 2009 with specific policy recommendations.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action: Approved recommendation.

22. Opposition to the Marriage Ban Initiative (pdf)
From: Councilmembers Worthington, Moore and Anderson
Recommendation: Oppose the dangerous marriage ban initiative (Proposition 8) on the November 2008 ballot.
Financial Implications: None
Contact: Councilmember Worthington, 981-7170
Action: Approved recommendation.

23. Discretionary Budget Allocation to The Tibetan Cultural Center (pdf)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to accept surplus funds from the office expense account of Councilmember Worthington and approve the allocation of $5,000 to The Tibetan Cultural Center capital campaign.
Financial Implications: $5,000 from Councilmember Worthington’s discretionary budget (D-13) to be allocated to the General Fund for the purpose of granting funds to the organization.
Contact: Councilmember Worthington, 981-7170
Action: Adopted Resolution No. 64,156–N.S.

24. Discretionary Budget Allocation to Save Berkeley Iceland (pdf)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to accept surplus funds from the office expense account of Councilmember Worthington and approve the allocation of $5,000 to Save Berkeley Iceland to fund the renovation of the Berkeley Iceland facility.
Financial Implications: $5,000 from Councilmember Worthington’s discretionary budget (D-13) to be allocated to the General Fund for the purpose of granting funds to the organization.
Contact: Councilmember Worthington, 971-7170
Action: Adopted Resolution No. 64,157–N.S.

Action Calendar – Public Hearing

25. North Shattuck Business Improvement District (pdf)
From: City Manager
Recommendation: Conduct a Public Hearing and upon conclusion adopt a Resolution: 1) confirming the Annual Report of the North Shattuck Business Improvement District (NSBID) for Fiscal Year 2008 and 2) levying assessments in the District for Fiscal Year 2009.
Financial Implications: 478-8703-370.30-01 $164,000
Contact: Michael Caplan, Economic Development, 981-7530
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Capitelli) to close the public hearing.
Action: M/S/C (Capitelli/Maio) to adopt Resolution No. 64,158–N.S.  Vote:  Ayes–Maio, Moore, Anderson, Capitelli, Olds, Wozniak; Absent–Worthington.

26. Renewal: Elmwood Theater Business Improvement Area Assessments (pdf)
From: Elmwood Advisory Board
Recommendation: Conduct a public hearing and upon conclusion, adopt a resolution: 1) to confirm the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2008 and levy assessments in the Area for FY 2009; 2) If no majority protest exists, add grant to improve the Elmwood Theater as an allowed expenditure for assessment revenues in addition to repayment of a  $215,000 City loan made to the Elmwood Theater Foundation in May 1993; and 3) make a grant for theater improvements in an amount that the City Manager determines will not impair repayment of loan principal owed to the City by its scheduled due date of May, 2014.
Financial Implications: See report.
Contact: Michael Caplan, Economic Development, 981-7530
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio /Captielli) to close the public hearing.
Action: M/S/C (Capitelli/Maio) to adopt Resolution No. 64,159–N.S.  Vote:  Ayes–Maio, Moore, Anderson, Capitelli, Olds, Wozniak; Absent–Worthington.

27. Extension of Panoramic Hill Urgency Ordinance (pdf) 
Revised Ordinance (pdf)
From: City Manager
Recommendation: Conduct public hearing and, at its conclusion, extend Urgency Ordinance No. 7,041-N.S. imposing a moratorium on the issuance of certain permits and the processing of zoning approvals in the Environmental Safety Residential (ES-R) zoning district on Panoramic Hill by 10 months and 15 days.
Financial Implications: Permit Service Center Fund - $25,000 - $50,000
Contact: Dan Marks, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing. 3 speakers.  M/S/C (Wozniak/Worthington) to close the public hearing.
Action: M/S/C (Wozniak/Moore) to adopt Urgency Ordinance No. 7,058–N.S.

28. Extension of Residential Permit Parking Program on Various Streets (pdf)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25E, 25L and 25M of Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking.
Financial Implications: Measure B Funds - $5,000
Contact: Claudette Ford, Public Works, 981-6300
Public Testimony: The Mayor opened the public hearing. 5 speakers.  M/S/C (Anderson/ Worthington) to close the public hearing.
Action: M/S/C (Wozniak/Worthington) to adopt Resolution No. 64,160–N.S.  Vote:  All Ayes.

Action Calendar – Old Business

29. Moratorium on Wireless Telecommunication Facilities (pdf)
From: City Manager
Recommendation: Consider whether to adopt a moratorium on approval of new wireless telecommunications facilities.
Financial Implications: Unknown
Contact: Zach Cowan, City Attorney, 981-6950
Action: Councilmember Maio recused herself from the discussion.  Discussion held.  No action taken.

Recess: 8:55 p.m – 9:05 p.m.

30. Planning Commission Work Program - Fiscal Year (FY) 2009(Continued from July 8, 2008) (pdf) 
From: City Manager
Recommendation: Recommend that the Council consider the attached work plan and the Planning Commission's recommendations, and adopt the Planning Commission's recommendation (as modified) for the Land Use Planning Division's work program for FY 2009.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development, 981-7400
Action: M/S/C (Worthington/Moore) to approve the Planning Commission’s recommendation to consider the work plan and adopt the Planning Commission’s recommendation (as modified) for the Land Use Planning Division’s work program for FY 2009.  Vote:  All Ayes.

31. City Council Appointments To The Joint Subcommittee Of The Berkeley City Council And Berkeley Housing Authority (Continued from July 15, 2008) (pdf)
From: Mayor Bates
Recommendation: Appoint Mayor Tom Bates and Council Members Max Anderson and Darryl Moore to represent the City Council on the joint committee of the Berkeley City Council and Berkeley Housing Authority.
Financial Implications: None
Contact: Tom Bates; Mayor, 981-7100
Action: Moved to Consent Calendar.  Approved the Mayor’s recommendation to appoint Mayor Tom Bates and Council Members Max Anderson and Darryl Moore to represent the City Council on the joint committee of the Berkeley City Council and Berkeley Housing Authority.

32. Instant Runoff Voting Status Report (Continued from July 15, 2008) (pdf)
From:  City Manager
Financial Implications:  Unknown
Contact: Deanna Despain, Acting City Clerk, 981-6900
Action: Discussion held.  No action taken.

33.  Placing Measures on the November 4, 2008 Ballot (Continued from July 15, 2008)
a. From: City Manager (pdf)
Recommendation:
Adopt a Resolution placing the Landmarks Preservation Ordinance (LPO) Referendum on the November 4, 2008 Ballot.
Financial Implications: Unknown
Contact: Lisa Caronna, Deputy City Manager, 981-7000

b. From: Mayor (pdf)
Supplement (pdf) 

Recommendation: Adopt a Resolution establishing a joint committee between the City of Berkeley and Berkeley Unified School District for community pools, including the warm water pool.
Financial Implications: Unknown
Contact: Tom Bates, Mayor, 981-7100

Action: 
a.   M/S/C (Capitelli/Maio) to adopt Resolution No. 64,161–N.S. placing the Landmarks Preservation Ordinance (LPO) Referendum on the November 4, 2008 Ballot with revised City Attorney analysis to read as follows:

Ballot Question

[75 words]

Shall Ordinance No. 6,958–N.S., Repealing and Reenacting Berkeley Municipal Code (BMC) Chapter 3.24 (Landmarks Preservation), passed by City Council, granting the Landmarks Preservation Commission new authority to prohibit, instead of suspend, demolition of historic resources, eliminating property owners’ approval in establishing historic districts, and substantially revising procedures for designating historic resources (including limiting reconsideration of properties not designated) and regulating alteration or demolition of historic resources, subject to appeal to the Council, be adopted?

Vote: All Ayes

b.   M/S/C (Moore/Maio) to adopt Resolution No. 64,162–N.S. establishing a joint committee between the City of Berkeley and Berkeley Unified School District for community pools, including the warm water pool. revised to include the following:

WHEREAS, The Berkeley City Council agrees to work with the School District to conduct a public process that shall relocate the warm water pool at a school district site or another appropriate site;

NOW THEREFORE BE IT FURTHER RESOLVED that the Berkeley City Manager work with the Superintendent of Berkeley Public Schools to:

a)      Convene key stakeholders to develop a comprehensive public pool plan– a plan that addresses the needs of the warm water pool and the three outdoor community pool centers.  This plan shall represent the following interests:

·     The Berkeley Unified School District, responsible for the property and school programs;

·     The City of Berkeley, responsible for pool operation, maintenance and community programming;

·     Warm Water Pool Users;

·      Community/Neighborhood Pool Users;

·     Pool Neighbors;

·     YMCA – bridging the possible gap for warm water pool users during construction;

·     Parks and Recreation Commission; and,

·      Disabilities Commission.

NOW THEREFORE BE IT FURTHER RESOLVED that the City of Berkeley will work with the Downtown YMCA to bridge the possible gap in pool services for warm water pool users during construction of a new public warm water pool.

Vote:  All Ayes

34. Support of the "California Voters FIRST Act (Continued from July 15, 2008) (pdf)
From: Councilmember Capitelli
Recommendation: Support the California Voters FIRST act on the November 2008 Ballot.
Financial Implications:  None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action: M/S/C (Capitelli/Worthington) to continue to September 16, 2008.

35.  Support for the AC Transit Ballot Measure on the November 2008 Ballot (Continued from July 15, 2008)
a. From: Councilmember Capitelli (pdf)

Recommendation: Support an increase in the amount of and extension in the life of the District's existing parcel tax in District 1 on the condition that the AC Transit Board of Directors implement performance measures and reporting requirements, available to the public.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

b. From: Councilmember Worthington (pdf)
Recommendation: Adopt a motion to express its support for AC Transit's proposed measure for the November 2008 Ballot.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: M/S/C (Capitelli/Worthington) to approve Councilmember Capitelli’s revised recommendation to support an increase in the amount of and extension in the life of the District's existing parcel tax in District 1 on the condition that the AC Transit Board of Directors provide annual information to the public regarding operating standards and costs.  Vote:  Ayes–Maio, Moore, Anderson, Capitelli, Worthington, Wozniak, Bates; Noes–Olds.

Action Calendar – New Business

36. Establishment of a Sustainable Energy Financing District (pdf)
From: City Manager
Recommendation: Adopt: (1) Resolution setting forth the City Council's intention to establish a Sustainable Energy Financing District; (2) Resolution setting forth the City Council's intention to incur bonded indebtedness; and (3) Resolution approving Amended and Restated Local Goals and Policies for Community Facilities Districts and Special Tax Districts.  Set a public hearing on the establishment of the special tax district and the incurrence of bonded indebtedness for September 16, 2008.
Financial Implications: See report.
Contact: Christine Daniel, Deputy City Manager, 981-7000
Action: Moved to Consent Calendar and adopted:

(1) Resolution No. 64,163–N.S. setting forth the City Council’s intention to establish a Sustainable Energy Financing District;

(2) Resolution No. 64,164–N.S. setting forth the City Council’s intention to incur bonded indebtedness; and

(3) Resolution No. 64,165–N.S. approving Amended and Restated Local Goals and Policies for Community Facilities Districts and Special Tax Districts.  Public hearing set for September 16, 2008.

37. HUD Section 108 and BEDI Loan Recommendations (pdf)
From: City Manager
Recommendation:
1.  Subject to the conditions described in this report, adopt a Resolution to accept a $6 million loan from the U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee program and authorize the City Manager or his designee to enter into a HUD Section 108 loan agreement with Ed Roberts Campus, Inc. and execute the necessary loan documents for the construction of the Ed Roberts Campus. 

2.  Adopt a second Resolution to accept the $2 million Brownfields Economic Development Initiative (BEDI) grant and authorize the City Manager or his designee to execute the necessary grant agreement with the Ed Roberts Campus, Inc. to use the BEDI funds for the development of the Ed Roberts Campus.

Financial Implications: See report.
Contact: Jane Micallef, Housing, 981-5400

Action: M/S/C (Wozniak/Worthington) to adopt the following:
1.  Resolution No. 64,166–N.S. to accept a $6 million loan from the U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee program , subject to the conditions described in accompanied report and authorize the City Manager or his designee to enter into a HUD Section 108 loan agreement with Ed Roberts Campus, Inc. and execute the necessary loan documents for the construction of the Ed Roberts Campus.  Vote:  All Ayes.

2.  Resolution No. 64,167–N.S. to accept the $2 million Brownfields Economic Development Initiative (BEDI) grant and authorize the City Manager or his designee to execute the necessary grant agreement with the Ed Roberts Campus, Inc. to use the BEDI funds for the development of the Ed Roberts Campus.  Vote:  All Ayes.

38. Pay and Display Program Expansion - Phase 4; Contract No. 6668B Amendment - Cale Parking Systems USA (pdf)
From: City Manager
Recommendation: Adopt two Resolutions directing the City Manager to:
1.  Implement Phase 4 of the Pay and Display (P&D) parking program to:

a.  Convert single space meters to P&D stations in

i) the areas with the highest vandalism and operational needs and

ii) in commercial areas including the Downtown, the Elmwood District and Solano Avenue;


b.  Expand metered parking through relocation of approximately 850 single space meters being replaced by P&D machines;
c.  Create a career 1.0 FTE Parking Meter Mechanic position in FY 2009 for additional permanent staffing needed to accommodate increases in ongoing costs for parking meter collections, maintenance, and repair activities as a result of this expansion; and
d.  Investigate options to install bicycle racks on 300 of the posts left behind by single space meters being relocated to various locations.

2.  Amend Contract No. 6668B with Cale Parking Systems USA, Inc., for an additional 132 P&D stations, increasing the contract amount by $1,368,312 for a total not to exceed $2,662,356 for the period May 20, 2005 to June 29, 2010.

Financial Implications: Initial Costs: 1,276,000.  Offset by Net Annual Income – 1,108,000
Contact: Claudette Ford, Public Works, 981-6300

Action: Moved to Consent Calendar and adopted:
1.      Resolution No. 64,168–N.S. to implement Phase 4 of the Pay and Display (P& D) parking program.

2.      Resolution No. 64,169–N.S. to amend Contract No. 6668B with Cale Parking Systems USA.

39.  Cesar Chavez Memorial Solar Calendar and Education Project
a. From: City Manager (pdf)
Recommendation:
Financial Implications: Refer to the budget process.
Contact: Michael Caplan, Economic Development, 981-7530

b. From: Civic Arts Commission (pdf)
Recommendation:
Adopt a Resolution: 1) affirming the City's continuing support of the Cesar Chavez Memorial Solar Calendar and Education Project; 2) supporting planning efforts and grant applications for this project through letters of support; 3) referring to the City Manager a request for $25,000 to fund the preparation of an Initial Study and Mitigated Negative Declaration, use permit fees for construction of Phase I, and to hire a part time fundraising specialist; 4) waiving city permits and fees, if any, for hauling clean soil fill materials to the project site once full funding has been secured to complete Phase 1 of the Project.
Financial Implications: See report.
Contact: Michael Caplan, Economic Development, 981-7530

Action: Moved to Consent Calendar.  Approved the Civic Arts Commission recommendation for continuing the City's support of the project and approved the City Manager’s recommendation to refer to the budget process.

40.  2008 Disaster and Fire Safety Commission Report
a. From: City Manager (pdf)
Recommendation: The City Manager refers the specific operational items in the Disaster and Fire Safety Commission report, as detailed further below, to the budget process for consideration and review by impacted City departments. The recommendations put forth by the Disaster and Fire Safety Commission are comprehensive and cross multiple department responsibilities. The impact of the recommendations will require City staff to evaluate them further.

The City Manager can take no position on the Commission’s request that the City support the Fire and Emergency Services Tax measure on the November ballot.

Financial Implications: Unknown
Contact: Debra Pryor, Fire Chief, 981-5500

b. From: Disaster and Fire Safety Commission (pdf)
Recommendation: Ensure that the following issue areas are addressed as described in the detailed recommendations contained in this report: Office of Emergency Services Revitalization, Seismic Building Safety, Soft Story Building Program, Unreinforced Masonry Building Program, Transfer Tax Seismic Retrofit Standards, Citizen Preparedness CERT Program, Disaster Caches, Memorial Stadium and Southeast Campus Integrated Projects Plan, Critical Emergency Traffic, Pandemic Preparedness. The City should also support the upcoming property tax measure that has been proposed for the November ballot. The Commission does not support the use of those funds as a replacement for existing general fund allocations made for existing public safety programs.

Financial Implications: See report.
Contact: Donna McCracken, Commission Secretary, (510) 981-5580

Action: Moved to Consent Calendar.  Approved the City Manager’s referral of the specific operational items in the Disaster and Fire Safety Commission report to the budget process for consideration and review by impacted City departments.

Council Action Calendar

41. Proposed Demolition - Bevatron Accelerator and Building 51 - LBNL and Radioactive Debris Through the Streets of Berkeley Up to a Seven Year Period (pdf)
From: Councilmember Anderson
Recommendation:
1.   Ask the City Manager to send letters to LBNL Director Steven Chu, Department of Energy’s (DOE) Site Manager Aundra Richards at the Berkeley Site Office, and the Secretary of Energy Samuel Bodman requesting that:

a. DOE/LBNL prepare an Environmental Impact Statement (EIS) under the National   Environmental Policy Act (NEPA) for the proposed demolition project, and that

b. DOE/LBNL provide the requested information and documents on the enclosed 25 questions (Attachment 1.) pertaining to the project, and that

c. DOE/LBNL identify all the transportation routes selected for the hauling of the hazardous and radioactive debris and that all trucks are tightly covered.

2.   Adopt a Resolution to oppose the "Alternative Sequence Project Variant" which proposes the demolition of the Bevatron building prior to the demolition of the Bevatron apparatus and concrete shielding blocks, i.e. the building is demolished first and then the smashing of radioactive concrete and torching of the radioactive Bevatron apparatus metals takes place in open air, exposing the Strawberry Canyon environment, LBNL workers and nearby residential neighborhoods to radioactive and toxic concrete and metal particles and dust.

And request to the DOE/LBNL that the demolition of the Bevatron apparatus and concrete shielding blocks must take place inside the building, which should be tightly enclosed during the operation, to protect the environment, lab workers and residential neighborhoods.

Financial Implications: None
Contact: Councilmember Anderson, 981-7130

Action: M/S/C (Anderson/Worthington) to
1.  Direct the City Manager to send letters to LBNL Director Steven Chu, Department of Energy’s (DOE) Site Manager Aundra Richards at the Berkeley Site Office, and the Secretary of Energy Samuel Bodman.

a.  Requesting that DOE/LBNL provide the requested information and documents on the 25 questions pertaining to the project.

b.  Thanking the Berkeley Lab for their plan to dismantle and remove the Bevatron and surrounding blocks prior to the demolition of the building that contains them, Building 51.

2.  Adopt Resolution No. 64,170–N.S. to oppose the “Alternative Sequence Project Variant which proposes the demolition of the Bevatron building prior to the demolition of the Bevatron apparatus and concrete shielding blocks, i.e. the building is demolished first and then the smashing of radioactive concrete and torching of the radioactive Bevatron apparatus metals takes place in open air, exposing the Strawberry Canyon environment, LBNL workers and nearby residential neighborhoods to radioactive and toxic concrete and metal particles and dust.

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


 Action Calendar – Time Critical

42. Initiative to Set a Deadline for Early Withdrawal of Troops from Iraq (pdf) 
From: Councilmember Worthington
Recommendation:  Adopt the Peace and Justice Commission’s recommendation to place the following measures on the November 4, 2008 ballot:
1.  Should the Congress and President of the United States end the U.S. occupation of Iraq and immediately begin the safe and orderly withdrawal of all U.S. troops and military bases, to be completed no later than November 4, 2009?

2.  Should the City of Berkeley adopt the following policy:  It is the Policy of the people of the City of Berkeley that:  Its elected representatives in the United State Senate and House of Representatives should vote against any further funding for the deployment of the United States Armed Forces in Iraq, with the exception of funds specifically earmarked to provide for their safe and orderly withdrawal?

3.  Should the taxpayers’ money being spent on the war in Iraq be used instead to fund unmet needs here at home, to help alleviate the budget crisis facing many states, to care for our veterans, and to help reconstruct Iraq?

This recommendation was adopted by the Peace and Justice Commission at their July 7, 2008 meeting.

Financial Implications: Unknown
Contact: Councilmember Worthington, 981-7170
Action: M/S/C (Worthington/Capitelli) to continue to September 16, 2008 with amended language in the form of a resolution.

43. Proclamation Declaring July 26, 2008 as Buy Berkeley Day (pdf) 
From: Councilmember Worthington
Recommendation: Adopt a proclamation declaring July 26, 2008 as Buy Berkeley day.
Financial Implications: None
Contact: Councilmember Worthington, 981-7170
Action: Discussion held.  No action taken.

Information Reports

44. Establishing a City Service Animal Policy (pdf)
From: Commission on Disability
Contact: Paul Church, Commission Secretary, 981-6300
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda –7

Adjournment – 11:30 p.m. in honor of Karen Craig and Mary Davis

Item 28: Extension of Residential Permit Parking Program on Various Streets
1.   Elizabeth Willson
2.   Denise M.
3.   Barbara London
4.   Susan Gittler
5.   Yolanda Huang
6.   Daniel Peven
7.   Mike Ravera and Karen Young
8.   Pat Cody

Item 33: Placing Measures on the November 4, 2008 Ballot
9.   Barbara Gilbert
10. Richard Levine
11. Susan Helmrich

Agenda Committee Issues
12. Barbara Gilbert

Community Choice Energy
13. Jonathan Levas
14. Kelly Petersen
15. Jill Fredrickson
16. Brianna Alexander
17. Franzel F.
18. Unknown

Supplemental Communications and Reports 1 (pdf)

Item 29: Moratorium on Wireless Telecommunication Facilities
19. Ann Slaby (2)
20. Josh Davidson, Davis Wright Tremaine LLP

Item 33: Placing Measures on the November 4, 2008 Ballot
21. Ben Rivers
22. Ann Arriola Plant

Item 40: 2008 Disaster and Fire Safety Commission Report
23. Merilee Mitchell

Item 41: Proposed Demolition - Bevatron Accelerator and Building 51 - LBNL and Radioactive Debris Through the Streets of Berkeley Up to a Seven Year Period:
24. Don Medley
25. Zandra Lee, on behalf of the Community Health Commission
26. Gene Bernardi
27. Stephanie Thomas

Supplemental Communications and Reports 2 (pdf)

Item 12: Agreement: Operations and Maintenance of Sports Fields - Association of Sports Field Users

  • To Be Delivered report, submitted by Parks Recreation & Waterfront (see agenda item)

Item 29: Moratorium on Wireless Telecommunication Facilities
28. Paul Albritton, Mackenzie & Albritton LLP

Item 33: Placing Measures on the November 4, 2008 Ballot

  • To Be Delivered report, submitted by City Manager (see agenda item)

29. Bill Huyett
30. Unknown

Item 41: Proposed Demolition - Bevatron Accelerator and Building 51 - LBNL and Radioactive Debris Through the Streets of Berkeley Up to a Seven Year Period:
31. Tom Kelly
32. Pamela Sihvola

A Berkeley Educational Foundation
33. Donald Carlson

LaRouche Pamphlet
34. Unknown (available for review in City Clerk’s office)

 

 

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