Regular Meeting Annotated Agenda
February 26,
 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: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134. These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900. 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 26, 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

Preliminary Matters

Roll Call:  7:23 p.m.  All present.

Ceremonial Matters: 

  1. 60th Anniversary – Liberty Hill Baptist Church

City Manager Comments:  Be Fit Berkeley, March 8th, 2008 from 10:00 a.m. –1:00 p.m. – Berkeley Farmer’s Market

Public Comment on Non-Agenda Matters:  5 


Public Comment - Consent Calendar and Information Items Only:  7

Consent Calendar

Action: M/S/C (Maio/Worthington) to adopt Consent Calendar in one motion except as indicated:  Item No. 13 continued to March 11, 2008; Item No. 15 continued to a date to be determined at the March 3, 2008 Agenda Committee meeting.  Item No. 22 moved to Action Calendar.

1. Amendment to the Zoning Ordinance (ZA 1-07): Public Safety Exceptions for Structural Alterations (PDF) 

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,019–N.S altering Berkeley Municipal Code (BMC) Chapter 23C.04 to exempt structural alterations, for the purpose of public safety improvements for buildings subject to BMC Chapter 19.39 - Potentially Hazardous Buildings Containing Soft, Weak or Open Front Stories also known as the Soft Story Ordinance and BMC Chapter 19.38 - Seismic Hazard Mitigation Program for Unreinforced Masonry Buildings (URM), from certain Zoning Ordinance restrictions and some levels of discretionary review.

First Reading Vote: All ayes

Financial Implications: None

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

Action: Adopted second reading of Ordinance No. 7,019–N.S. as amended.

2. Donation: Elizabeth Chao to the Animal Care Shelter (PDF) 

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from Elizabeth Chao to the Animal Shelter in the sum of $7,500.

Financial Implications: $7,500- Revenue

Contact: Phil Kamlarz, City Manager, 981-7000

Action:  Adopted Resolution No. 63,973–N.S.

3. Contract No. 7456 Amendment: Hanson Bridgett Marcus Vlahos Rudy LLP – Legal Services (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7456 with Hanson Bridgett Marcus Vlahos Rudy LLP (“Hanson Bridgett”) to increase the contract amount by $15,000 for a total not to exceed amount of $40,000 for legal services.

Financial Implications: General Fund - $15,000

Contact: Zach Cowan, City Attorney, 981-6950

Action:  Adopted Resolution No. 63,974–N.S.

4. Formal Bid Solicitations and Request for Proposals (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: Employee Training Fund - $190,000

Contact: Robert Hicks, Finance, 981-7300

Action:  Approved recommendation.

5. Grant and Contract: 2008-2009 Community Services Block Grant (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept the Community Services Block Grant (CSBG) Contract Number 06F-4701 for a total of $347,112 and execute any resultant agreements and amendments to provide low-income services for the period January 1, 2008 to December 31, 2009

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

Action:  Adopted Resolution No. 63,975–N.S.

6. Memorandum of Understanding for Coordination with Community Agencies at MLK House (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding with Resources for Community Development, Lifelong Medical Inc., and the John Stewart Company related to the coordination of roles in an existing supportive housing development at 2942-2944 Martin Luther King Jr.  Way known as MLK House.

Financial Implications: None

Contact: Renelda Mary, Housing, 981-5400

Action:  Adopted Resolution No. 63,976–N.S.

7. Purchase Order Increase: Friendly Cab (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing an increase to Purchase Order 68,159 for Friendly Cab to an amount not to exceed $50,000 for taxicab rides provided to eligible paratransit passengers from the period July 1, 2007 through June 30, 2008.

Financial Implications: See report

Contact: Renelda Mary, Housing, 981-5400

Action:  Adopted Resolution No. 63,977–N.S.

8. Designating City's Labor Negotiators Under Govt. Code Section 54957.6 (PDF) 

From: City Manager

Recommendation: Adopt a Resolution establishing a standing list of representatives of the City of Berkeley designated to participate in closed sessions with the City Council to discuss labor negotiations with certain unions and unrepresented employees and to rescind Resolution No. 60,532–N.S.

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

Action:  Adopted Resolution No. 63,978–N.S.

9. Contract No. 5864B Amendment: Granicus Video Streaming Services (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5864B with Granicus Inc. for video streaming and archiving services, increasing the amount by $76,000 for a total contract amount not to exceed $184,000, and extending the term to June 30, 2010.

Financial Implications: General Fund - $76,000

Contact: Donna LaSala, Information Technology, 981-6500

Action:  Adopted Resolution No. 63,979–N.S.

10. Contract Amendment: Xerxes - Public Safety System Consultant (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5918B with Xerxes Consulting Incorporated for support of legacy public safety computer systems, increasing the amount by $25,000 for a total contract amount not to exceed $75,000, and extending the contract term to December 2009.

Financial Implications: General Fund - $25,000

Contact: Donna LaSala, Information Technology, 981-6500

Action:  Adopted Resolution No. 63,980–N.S.

11. Donation: Tuolumne Camp (PDF) 

From: City Manager

Recommendation: Adopt a Resolution accepting a cash donation from the Friends of Berkeley Tuolumne Camp (FOBTC) in the amount of $60,000.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,981–N.S.

12. Lease Agreement with Berkeley Waterski Club for Property in Aquatic Park (PDF) 

From: City Manager

Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Waterski Club, Inc. to use City property at 2821 West Bolivar Drive in Aquatic Park for a term anticipated to begin May 1, 2008 and ending December 31, 2010, with an option to extend the term for an additional five-year period.

Financial Implications: See report

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

Action:  Adopted first reading of Ordinance No. 7,020–N.S.  Second reading scheduled for March 11, 2008.

13. License Agreement: 90 Bolivar Drive in Aquatic Park to San Francisco Institute of Architecture (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with San Francisco Institute of Architecture (SFIA) for City property located at 90 Bolivar Drive in Aquatic Park for nine months for an amount of $100.

Financial Implications: $100 in revenue.

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

Action:  Continued to March 11, 2008.

14. Lease Agreement: Berkeley Rowing Club for Property in Aquatic Park (PDF) 

From: City Manager

Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement and any amendments with the Berkeley Rowing Club, Inc. to use City property at 2851 West Bolivar Drive in Aquatic Park for a term anticipated to begin May 1, 2008 and ending December 31, 2010, with an option to extend the term for an additional five-year period.

Financial Implications: See report

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

Action:  Adopted first reading of Ordinance No. 7,021–N.S.  Second reading scheduled for March 11, 2008.

15. Fee Reduction And Retroactive Billing: Houseboats (Held over from February 12, 2008) (PDF) 

From: City Manager

Recommendation: Adopt a Resolution reducing all fees owed by Houseboat owners in the Berkeley Marina during the construction period of the new H & I docks (March thru September 2007) by forty percent (40%) and to retroactively bill for the balance (sixty percent - 60%) via an 18 month interest free payment plan.

Financial Implications: $35,647 in revenue to Marina Fund

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

Action:  Continued to a date to be determined at the March 3, 2008 Agenda Committee Meeting.

16. Grant Application: Station Area Planning Program (with Local Match) (PDF) 

From: City Manager

Recommendation: Adopt a Resolution supporting submittal of an application to the Metropolitan Transportation Commission/Association of Bay Area Governments (MTC/ABAG) for a Station Area Planning Program grant of $300,000.  The grant would support developing implementation measures for the Downtown Area Plan, such as zoning ordinance modifications, a public improvements plan, a financing plan, a parking strategy and other measures.  The Program requires a 20 % match ($60,000) that is already committed for the Downtown Area Plan (General Fund).

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,982–N.S.

17. Contract: Friends of Piedmont Way for Piedmont Avenue Restoration (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Friends of Piedmont Way and appropriating $75,000 for the design and development of a rehabilitation plan and bid/construction documents for the Piedmont Avenue Landscape Restoration Project.

Financial Implications: General Fund - $75,000

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,983–N.S.

18. Contract No. 6818 Amendment-Securitas Security Services Civic Center Restrooms (PDF) 

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Securitas Security Services USA, Inc. for security services for Civic Center Building restrooms, increasing the not to exceed amount by $2,000 from $307,272 to $309,272.

Financial Implications: $2,000 - General Fund

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,984–N.S.

19. Appointments to Mental Health Commission (PDF) 

From: Mental Health Commission

Recommendation: Approve the reappointment to the Mental Health Commission of 1) Nadine Dixon, as a representative of the Special Public Interest Category, to complete her three-year term ending April 24, 2010; and 2) Howard King, as a representative of the General Public Interest Category, to complete his three-year term ending September 18, 2009.

Financial Implications: None

Contact: Carol Patterson, Commission Secretary, 981-5200

Action:  Approved recommendation.

20. Support Lawrence Berkeley National Laboratory Continuing Its Downtown Shuttle (PDF) 

From: Councilmember Spring

Recommendation: Request the City Manager send a letter to the director of the Lawrence Berkeley National Laboratory to thank them for continuing their shuttle between the Lab and downtown Berkeley

Financial Implications: None

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

Action:  Approved recommendation.

21. Support Proposition 99, Homeowners Protection Act (PDF) 

From: Councilmember Worthington

Recommendation: Adopt a Motion expressing its support for Proposition 99, the Homeowners Protection Act which would prohibit state and local governments from using eminent domain to purchase private housing to transfer to a private developer.

Financial Implications: None

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

Action:  Approved recommendation.

22. Use of the Berkeley Veterans Building for Veterans Activities (PDF) 

From: Councilmember Worthington

Recommendation: Refer to the City Manager the creation of a City of Berkeley policy to allow the short-term use of the Berkeley Veterans Building for veteran’s activities.

Financial Implications: None

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

Action:  Removed from Consent Calendar.  M/S/C (Maio/Worthington) to approve revised recommendation to refer to the City Manager the creation of a City of Berkeley policy to allow the short-term use of the Berkeley Veterans Building for veteran’s activities and involve Option Recovery Services in these discussions.

M/S/C (Anderson/Capitelli) to extend meeting to11:30 p.m.

Action Calendar – Presentation

23.  Light Brown Apple Moth

a. From: City Manager (PDF)

Recommendation: Presentation by the State of California Department of Food and Agriculture and other possible organized groups on treatment of Light Brown Apple Moth and public heath concerns.

Financial Implications: Unknown

Contact: Fred Medrano, Health and Human Services, 981-5100

b. From: Councilmember Maio (PDF)

Recommendation: After hearing the presentation from the California Department of Food and Agriculture (CDFA), on the Light Brown Apple Moth Spraying Plan, develop a response to the Plan from the City Council.

Financial Implications: None

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

c. From: Councilmember Spring (PDF)

Recommendation:  Join the Albany City Council by passing the attached resolution: "opposing the California Department of Food and Agriculture aerial spray program to eradicate the light brown apple moths".

Financial Implications: None

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

Action:  M/S/C (Maio/Wozniak) to:

  1.      Oppose spraying of the Light Apple Brown Moth.
  2.      Direct the City Manager to return to City Council on March 25, 2008 with legal options for Council consideration to stop the California Department of Food and Agriculture’s planned August 2008 spraying for the Light Brown Apple Moth (LBAM) in Alameda, Contra Costa, San Francisco, Marin and Santa Clara counties until factual information about the health and environmental impacts are determined.
  3.      Direct the City Manager to prepare a formal response to the Notice of Preparation (NOP) of a Draft Programmatic Environmental Impact Report (PEIR) for the Light Brown Apple Moth Eradication Program.
  4.      Direct the City Manager to contact all relevant state officials and California Department of Food and Agriculture (CDFA) informing them of the City’s opposition of the spraying for Light Brown Apple Moths.
  5.      Confer with other local jurisdictions to prepare a coordinated response.

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

RECESS – 8:50 p.m. – 9:05 p.m.


Action Calendar – Appeals

24. ZAB Appeal: 2526 Durant Avenue (PDF) 

From: City Manager

Recommendation: Adopt a Resolution affirming the decisions of the Zoning Adjustments Board (ZAB) to certify the Final EIR and to approve Use Permit No. 00-10000066 to relocate the Blood House, a City of Berkeley Structure of Merit, and to construct a 5-story mixed-use building with 44 dwelling units (including 7 affordable), 2,803 square feet of non-residential floor area and 18 parking spaces.

Financial Implications: None.

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

Action: M/S/C (Olds/Capitelli) to adopt Resolution No. 63,985–N.S. affirming the decisions of the ZAB to certify the Final EIR and to approve Use Permit No. 00-10000066. Vote: Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak, Bates; Noes – Worthington.

Action Calendar – Old Business

25.  FY 2008 Second Quarter Budget Update (Held over from February 12, 2008)

a. From: City Manager (PDF)

Recommendation: Adopt a resolution to

1.   Set aside anticipated, one-time General Fund revenue of $1,500,000 for specific one-time expenditures:

  •   $1 million for the Animal Shelter reconstruction project, and
  •   $500,000 for the Ed Roberts Campus - City of Berkeley contribution;

2.   Defer any new one-time or recurring costs for consideration during the FY 2009 Mid-Biennial Budget Update; and

3.   Identify a specific project for Proposition 1B Transportation Bond funding in the amount of $1.7M and amend the FY 2008 budget to include this project.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

b. Paving of Major Streets: University Avenue, Martin Luther King, Jr. Way (PDF)

From: Councilmember Maio

Recommendation: Request the City Manager to develop a plan for timely repaving of University Avenue, our gateway pathway into Berkeley, and MLK Jr. Way, both of which are in a heavily deteriorated state.

Financial Implications: None

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

c. Budget Referral: Diwali Lights - University Avenue Median (PDF)

From: Councilmember Maio

Recommendation: Refer to the 2008/09 budget process $1,800.00 to install Diwali lights in the University Avenue median from 6th Street to San Pablo Avenue.

Financial Implications: General Fund -  $1,800

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

Action:

1)   M/S/C (Worthington/Wozniak) to set aside anticipated, one-time General Fund revenue of $500,000 for the Ed Roberts Campus - City of Berkeley contribution.  Vote:  All Ayes.

2)   M/S/C (Maio/Olds) to defer any new one-time or recurring costs including $1 million for the Animal Shelter reconstruction project for consideration during the FY 2009 Mid-Biennial Budget Update.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Wozniak, Bates; Noes – Worthington.

3)   M/S/C (Maio/Capitelli) to adopt Resolution No. 63,986–N.S. identifying paving of Martin Luther King, Jr. Way (MLK) from Yolo Avenue to South City limit as the specific project for Proposition 1B Transportation Bond funding in the amount of $1.7M and include in the FY 2008 budget.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Worthington, Wozniak, Bates; Noes – Olds.

26. Proposed Condo Conversion Ordinance, BMC Chapter 21.28 (Held over from February 12, 2008) (PDF) 

From: City Manager

Recommendation: Adopt first reading of a new Condominium Conversion Ordinance.

Financial Implications: See report

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

Action:  Continued to March 11, 2008.


 Council Action Calendar

27. Condemn Construction of Border Wall - United States and Mexico Border (Held over from February 12, 2008) (PDF) 

From: Councilmember Worthington

Recommendation: Adopt a Resolution condemning the construction of a border wall along the international boundary zone connecting the United States of Mexico and the United States of America.

Financial Implications: None

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

Action: Moved to consent. Adopted Resolution No. 63,987–N.S. as amended.  Vote: Ayes – Maio, Moore, Anderson, Spring, Olds, Worthington; Abstain – Capitelli, Wozniak.

RECESS – 10:25 p.m. –10:30 p.m.

28. Letter To Canadian Officials Requesting Sanctuary For U.S. War Resisters (Held over from February 12, 2008) (PDF) 

From: Councilmembers Worthington and Anderson

Recommendation: Send a letter to Canadian Prime Minister Stephen Harper, Minister of Citizenship and Immigration Diana Finley and Liberal Party leader Stephane Dion requesting that the government of Canada establish provisions to provide sanctuary for U.S. military service members who are living in Canada to resist fighting in the Iraq War.

Financial Implications: See report

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

Action: Continued to March 11, 2008.

29. Second Reading for Peace and Justice Commission Resolutions (PDF)

From: Councilmember Wozniak

Recommendation: To ensure that the Public has adequate notice and additional opportunity to comment on recommendations from the Peace & Justice (P & J) Commission, the Council adopts a policy to require a second reading before P&J Commission recommendations or resolutions would take effect.

Financial Implications: None

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

Action: Removed from the agenda by Councilmember Wozniak and referred to the Agenda Committee for rescheduling.

Information Reports

30. Audit: Business License Tax Program Audit Report Fiscal Year 2007 (PDF) 

From: Auditor

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

Action:  Received and filed.

31. City Auditor's Annual Report for Fiscal Year 2007 (PDF) 

From: Auditor

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

Action:  Received and filed.

32. Contract Compliance Audit - Status Report (PDF) 

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

Action:  Received and filed.

33. Investment Report Quarter Ended December 31, 2007 (PDF) 

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

Action:  Received and filed.

34. Investment Report: Quarter Ended September 30, 2007 (PDF) 

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

Action:  Received and filed.


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

Adjournment – 11:30 p.m. in honor of Betty Vakan

Communications

Item 24:  ZAB Appeal: 2526 Durant Avenue

1.      Sharon Hudson
2.      Ruegg & Ellsworth

People’s Park

3.      Sharon Hudson
4.       Irene Hegarty

Fourth Street Restrooms

5.      Leah Samuel

Pacific Steel Casting Company

6.      Andrew Galpern

365 - 367 Panoramic Hill

7.      Ann Reid Slaby

Marine Recruiting Office/Code Pink

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

Supplemental Communications and Reports 1

Item 23: Light Brown Apple Moth

8.      Pauline Bondonno
9.      Mary Ann Brewin
10.    Nancy Kates
11.    Barry Silverman
12.    Kent Lewandowski, Sierra Club

Item 24: ZAB Appeal: 2526 Durant Avenue

13.     Gale Garcia

Item 25: FY 2008 Second Quarter Budget Update

14.     Lisa Bullwinkel

Item 26: Proposed Condo Conversion Ordinance, BMC Chapter 21.28

15.     David Wilson
16.     George Oram

Supplemental Communications and Reports 2

Item 22: Use of the Berkeley Veterans Building for Veterans Activities

17.     Davida Coady
18.     Unknown

Item 23: Light Brown Apple Moth

  • Revised report, submitted by Mayor Bates and Councilmembers Maio and Moore
  • Revised report, submitted by Councilmember Spring

19.     Harry Kuntz, Jr.
20.     Unknown (2)

Item 24: ZAB Appeal: 2526 Durant Avenue

21.     Igor Tregub

Item 25: FY 2008 Second Quarter Budget Update

  • Supplemental material, submitted by Councilmember Worthington

22.     Igor Tregub
23.     Unknown

Item 26: Proposed Condo Conversion Ordinance, BMC Chapter 21.28

24.    Jesse Arreguin, Housing Advisory Commission

Lyndon LaRouche Literature

25.    Unknown