Regular Meeting eAgenda
May 06
, 2008

Printer-friendly PDF* agenda 

 

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday May 6, 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.

1. City Council Liaison to Selected Commissions (PDF)

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,027 N.S. removing the provision for Council liaisons on the Citizens Humane Commission, Commission On Aging, Planning Commission, and Personnel Board.

Financial Implications: None

First Reading Vote: All Ayes

Contact: Deanna Despain, City Clerk, 981-6900

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

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,028–N.S 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

First Reading Vote: All Ayes

Contact: Tracy Vesely, Budget Manager, 981-7000

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

From: City Manager

Recommendation: Adopt second reading of an Ordinance 7,029–N.S. 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

First Reading Vote: All Ayes

Contact: Debra Pryor, Fire, 981-3473

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

From: City Manager

Recommendation: Adopt second reading of an Ordinance 7,030–N.S. 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

First Reading Vote: All Ayes

Contact: Claudette Ford, Public Works, 981-6300

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

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,031–N.S. 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.

First Reading Vote: All Ayes

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

Contact: Claudette Ford, Public Works, 981-6300

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

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,032–N.S. 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.

First Reading Vote: All Ayes

Contact: Claudette Ford, Public Works, 981-6300

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

From: City Manager

Recommendation: Adopt second reading of an Ordinance 7,033–N.S. 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.

First Reading Vote: All Ayes

Contact: Claudette Ford, Public Works, 981-6300

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

From: City Manager

Recommendation: Adopt second reading of Ordinance 7,034–N.S. 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

First Reading Vote: All Ayes

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

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

From: City Manager 

Recommendation: Adopt second reading of Ordinance 7,035–N.S. amending Berkeley Municipal Code Section 7.18.010A to increase the City Manager's expenditure authority for services to $50,000.

Financial Implications: None

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

Contact: Robert Hicks, Finance, 981-7300

10.  Updated Commissioners’ Manual (PDF)

From: City Manager

Recommendation: Adopt a Resolution rescinding Resolution No. 62,418-N.S. and adopting the updated edition of the Commissioners Manual to include new requirements and clarifying current regulations regarding membership and the conduct of meetings.

Financial Implications: None

Contact: Deanna Despain, City Clerk, 981-6900

11. Gaia Arts Center: Rescinding Resolution No. 63,531-N.S. (PDF)

From: City Manager

Recommendation: Adopt the attached resolution Rescinding Resolution No. 63,531–N.S., communicating certain matters to the Zoning Adjustments Board consistent with April 25, 2006, decision, and referring Use Permit Compliance proceedings back to Zoning Adjustments Board.

Financial Implications: None

Contact: Zach Cowan, City Attorney, 981-6950

12. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)From: City Manager 

Recommendation: Approve the 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 - $603,000

Contact: Robert Hicks, Finance, 981-7300

13. Revenue Agreement: Mental Health Services Act (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept funds from the California Department of Mental Health and execute an amendment to the initial Mental Health Services Act Agreement to increase the amount by $5,523,662 for a total amount of $8,033,900; authorizing the City Manager or his designee to execute a Mental Health Services Housing Program Assignment Agreement with the California Department of Mental Health; and authorizing the implementation of projects and appropriation of funding for related expenses, subject to receiving the grants.

Financial Implications: CDMH Revenue - $2,814,391

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

14. Shelter Plus Care Program Renewal Grants (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept grant awards from the U.S. Department of Housing and Urban Development to renew three Shelter Plus Care grants: one for the amount of $1,936,656 for tenant-based rental assistance for the period May 24, 2008 through May 23, 2009; the second for the amount of $116,244 for sponsor-based rental assistance for the Pathways Project for the period June 1, 2008 through May 31, 2009, with Bonita House, Inc. as the project sponsor; and the third for the amount of $119,628 for the sponsor-based rental assistance for the Supportive Housing Network for the period of June 1, 2008 through May 31, 2009, with Resources for Community Development as the

project sponsor.

Financial Implications: See report.

Contact: Jane Micallef, Housing, 981-5400

15. Grant: Measure B Revenue (PDF)

From: City Manager

Recommendation: Adopt a Resolution approving the 12-month Measure B Program Plan for paratransit services and authorizing the City Manager to transmit the plan and 12-month claim in the amount of $188,100 for Measure B annual pass-through funds for use during FY 2009 to the Alameda County Transportation Improvement Authority (ACTIA) and to deposit the grant revenue.

Financial Implications: See report

Contact: Jane Micallef, Housing, 981-5400

16. Classification: Health Educator (PDF)

From: City Manager

Recommendation: Adopt a Resolution to amend Resolution No. 61,805-N.S., Classification and Salary Resolution for Service Employees International Union (SEIU) Local 1021 (Legacy 535), to revise the classification of Health Educator and increase the salary range to $5,578 - $6,502 effective May 18, 2008.

Financial Implications: Various funds - $3,355 for FY 2008, $26,844 for FY 2009

Contact: David Hodgkins, Human Resources, 981-6800

17. Contract No. 5089F Amendment: AMS.NET - Computer Networking (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No.  5089F with AMS.NET for computer network equipment and installation services, increasing the amount by $120,000 for a total contract amount not to exceed $769,000 and extending the term to June 30, 2010. 

Financial Implications: General Fund - $120,000

Contact: Donna LaSala, Information Technology, 981-6500

18. Contract: Principal Decision Systems Incorporated (PDSI) - Fire Department Telestaff System (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Principal Decision Systems Incorporated (PDSI) for Telestaff system hardware, software, training, and maintenance fees not to exceed $70,000 for the period May 1, 2008 through June 30, 2011.

Financial Implications: General Fund - $70,000

Contact: Donna LaSala, Information Technology, 981-6500

19. Contract: Lamphier-Gregory for Downtown Area Plan EIR Phase 2 (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to a contract with Lamphier-Gregory to prepare Phase 2 of an Environmental Impact Report for the Downtown Area Plan for the approximate period of May 2008 through May 2009 in an amount of $186,500, for a total contract amount not to exceed $500,000.

Financial Implications:  See report

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

20. Purchase Orders: Zumar Industries, Inc. for Traffic Signs (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Zumar Industries, Inc., fabricator and supplier of materials for aluminum signs, for a total amount not to exceed $175,000 for the period May 7, 2008 through June 30, 2009.

Financial Implications: Various Funds - $175,000

Contact: Claudette Ford, Public Works, 981-6300

21. Declaration of Intent: FY 2009 Street Lighting Assessment (PDF)

From: City Manager

Recommendation: Adopt a Resolution to:

  1. Approve the Engineer's Report, Street Lighting Assessment District 1982-1, dated April 2008;
  2. Set a public hearing to be held before Council at its May 20, 2008 Council Meeting; and
  3. Authorize the City Clerk to publish the notice of the public hearing for FY 2009 levy of assessments of Street Lighting Assessment District No. 1982-1.

Financial Implications:  See report

Contact: Claudette Ford, Public Works, 981-6300

22. Contract: Shah Kawasaki Architects for Architectural Services for Fire Department Warehouse (PDF)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Shah Kawasaki Architects to provide architectural services for the Fire Department warehouse located at 1011 Folger Avenue, for an amount not to exceed $70,000for all services and reimbursable expenses for the period May 1, 2008 through December 31, 2009.

Financial Implications: Measure Q Funds - $70,000

Contact: Claudette Ford, Public Works, 981-6300

23. May Is Mental Health Month (PDF)

From: Mental Health Commission

Recommendation: Adopt a Resolution proclaiming May 2008 as Mental Health Month in the City of Berkeley.

Financial Implications:  None

Contact: Carol Patterson Commission Secretary, 981-5100

24. Appointments to Mental Health Commission (PDF)

From: Mental Health Commission

Recommendation: Approve the appointments of Morton Felix and Kim Nemirow to the Mental Health Commission, as representatives of the General Public Interest Category, for three-year terms beginning May 6, 2008 and ending May 5, 2011.

Financial Implications:  None

Contact: Carol Patterson Commission Secretary, 981-5100

25. Revision of Peace and Justice Commission Recommendation: Supporting the People of Haiti (PDF)

From: Councilmember Maio

Recommendation

1) Call on all authorities in Haiti, the United Nations Stabilization Mission in Haiti, the United States, Canada, France, and Brazil, Nepal, and Jordan (those countries who have the largest number of troops assigned) who consider themselves the friends of Haiti, to work for rapid implementation of the following:

a)      Release of all political prisoners,

b)      Guaranteed freedom of speech and assembly,

c)      The safe return of Human Rights Activist Lovinsky Pierre-Antoine,

d)      A thorough investigation of all allegations of United Nations troop raids in Cite Soleil and elsewhere regarding perpetration of violent attacks, rapes and sexual exploitation, and where misconduct has occurred, ensure the restoration of the subject villages homes and families, and compensation to innocent victims.

e)      All alleged violators to be brought to justice and duly punished if guilty, as was done in 2007 with 123 military personnel and one police officer.

f)      Withdrawal of all foreign occupying forces including the United Nations and United States forces and support democratic processes in governance.

2)   Call on members of the Bay Area Congressional Delegation to co-sponsor H.Res.241, which urges multilateral financial institutions to cancel completely and immediately Haiti’s debts to such institutions, specifically Speaker of the House Nancy

Pelosi [CA-8], Zoe Lofgren [CA-16], Anna Eshoo [CA-14], and George Miller [CA-7],

and direct the City Manager to send letters to that effect to these representatives;

3)       Request Representative Barbara Lee [CA-9] to introduce legislation, similar to H.R.946, to establish an Independent Commission on the 2004 Coup d’Etat in the Republic of Haiti, and request Senators Barbara Boxer and Dianne Feinstein to introduce similar legislation to H.R.946 in the Senate, and support the amendment included in the FY2006 Foreign Operations Appropriations Conference Report prohibiting arms transfers and sales; and           

4)      Express our city’s solidarity with the people of Haiti to achieve much needed peace and improved living and working conditions and extend a standing invitation to President Aristide to once again visit the City of Berkeley. 

Financial Implications:  None

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

26.  Council Workshop on the City’s Undergrounding Policy (PDF)

From: Councilmember Moore

Recommendation: Schedule a workshop on the City’s undergrounding policy to precede the May 20th, 2008 City Council meeting.

Financial Implications:  None

Contact: Darryl Moore, Councilmember, District 2, 981-7120

27. City Sponsorship Of The North Shattuck Avenue Chocolate and Chalk Art Festival (PDF)

From: Councilmembers Capitelli and Spring

Recommendation: That the City of Berkeley, in collaboration with the North Shattuck Association, cosponsor the Chocolate and Chalk Arts Festival to be held on North Shattuck Avenue on Saturday, May 31, 2008, from 10:00 a.m. to 5:00 p.m.

Financial Implications:  None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

28. Grant: Support of the Berkeley Public Education Foundation (PDF)

From: Councilmember Olds and Mayor Bates

Recommendation: Authorize Mayor and Council to transfer funds from their office D-13 accounts to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon. Direct the City Manager to transfer those funds to the Berkeley Public Education Foundation by May 9th.

Financial Implications: Depends on amount given back.

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

29.  Letter to U.S. Forest Service Chief Opposing Logging in Giant Sequoia National Monument (PDF)

From:  Councilmember Worthington

Recommendation:  That the Berkeley City Council adopt a motion to send a letter to United States Forest Service Chief Abigail Kimbell asking her department to change its plans allowing commercial logging within the boundaries of the Giant Sequoia National Monument.

Financial Implications:  None

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

30. Budget Referral: Youth Musical Theater Company of Berkeley (PDF)

From: Councilmembers Wozniak, Olds and Anderson

Recommendation: Refer the following to the budget process: A one-time request for $10,000 for the Youth Musical Theater Company of Berkeley to fund scholarships for Berkeley youth and an outreach program to Berkeley middle schools.

Financial Implications: $10,000

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

Action Calendar

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

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

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

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

31. Minimum Parking Time at Pay-and-Display Parking Stations to Accommodate Use of Credit Cards (PDF)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC), Section 14.52.120, Parking Meter and Pay‑and‑Display Station Fees, to establish a longer minimum parking time at pay-and-display stations, effective June 30, 2008 to Accommodate the use of credit cards.

Financial Implications:  See report

Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business

32. Revised Light Brown Apple Moth Resolution (Continued from April 22, 2008) (PDF) 

From: Councilmembers Maio, Moore and Spring

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

Financial Implications: None

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

33. Instant Runoff Voting

a. From: City Manager (PDF) 

Recommendation: Adopt a Resolution finding that the conditions required by Charter Section 5(12) to implement instant runoff voting have been met.

Financial Implications: None

Contact: Deanna Despain, Deputy City Clerk, 981-6900

b. From: City Manager (PDF) 

Recommendation: Adopt first reading of an Ordinance to enable the use of instant runoff voting in Berkeley.

Financial Implications: Unknown

Contact: Deanna Despain, Deputy City Clerk, 981-6900

34.  Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election, Amend Contract No. 7572 – David Binder

a. From: City Manager (PDF) 

Recommendation:

  1. Direct the Manager to return to Council on May 20th with a Gann Limit Override ballot measure for Parks, Library, Emergency Medical Services and Emergency Services for Severely Disabled Persons.
  2. Discuss options for a charter amendment extending the timeline for redistricting after the decennial census and decide whether to direct the City Manager to prepare a measure for the November 2008 ballot.
  3. Direct staff to prepare Elections Code Section 9212 analyses on all or some of the initiatives now circulating in advance of their qualifying for the ballot:
    1.      Initiative Ordinance Requiring Voter Approval of Exclusive Transit-Only and HOV/Bus-Only Lanes
    2.      Initiative Ordinance Prohibiting Public And Private Employers From Requiring Applicants For Employment To Disclose Felony Convictions
    3.       Initiative Ordinance Regulating Establishment of Military Recruiting Offices and Private Military Companies
  4. Provide direction on the preparation of City initiated revenue ballot measures to be submitted to the voters at the November 4, 2008 municipal election.
  5.  Authorize the City Manager to amend Contract No. 7572 with David Binder Research to increase the scope and dollar amount by $16,000 to conduct supplemental voter survey research.

Financial Implications: See report

Contact:  Lisa Caronna, Deputy City Manager, 981-7000

b. From: City Manager (PDF) 

Recommendation: Provide comments to the City Attorney concerning the attached draft of the ballot title and City Attorney's analysis of a ballot measure for the November 2008 election to reauthorize spending taxes previously approved by the voters, since reauthorization of such expenditures is required every four years by the California Constitution.   This is not a tax increase or a new tax.

Financial Implications: See report.

Contact: Robert Hicks, Finance, 981-7300

c. From: Board of Library Trustees (PDF) 

Recommendation: Adopt the resolution approving the Gann Override Measure be placed on the November 2008 ballot reauthorizing the City to spend the proceeds of the Library Relief Tax that was approved by the voters in 1988.

Financial Implications: See report.

Contact: Donna Corbeil, Library, 981-6195

35. Contracts: Stockton Recycling Inc. and Alternate Vendor for C&D Processing (Continued from April 22, 2008) (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. Approve contract with alternate vendor.

Financial Implications: See report.

Contact: Claudette Ford, Public Works, 981-6300

36.  Support of a Global Marshall Plan for Universal Wellbeing, Security and Environmental Survival (Continued from April 22, 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

37. Extension of the Transfer Tax Seismic Exemption to Include a “Green” Exemption for Major Energy Efficiency and Solar Improvements (Continued from April 22, 2008) (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 – New Business

38.  Improvements to Downtown Street Sweeping - Pilot Program (PDF)

From: City Manager

Recommendation: Approve a pilot program of enforced overnight-restricted parking on Shattuck Avenue.  The program would restrict parking on the West Side of Shattuck Avenue, from Hearst to Blake Street on Monday, Wednesday and Friday between the hours of 2:00 am and 6:00 am and on the East Side of Shattuck Avenue on Tuesday and Thursday. 

Financial Implications: Refuse Collection Disposal - $11,000

Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Council Items

39. Final EIR Certification - Helios and Computational Research and Theory Buildings (PDF)

From: Councilmember Olds

Recommendation: Direct the City Manager to write a letter to the Regents of the University of California requesting an extension of 30 days to review the FEIR for the Helios and Computational Research and Theory Buildings. If the 30 day review period is denied by the UC Regents, that the City Council oppose certification of the Final Environmental Impact Reports until such time as alternative sites, already zoned and currently available for such industrial research and development facilities, are fully studied.

Request a staff report to Council on May 20th, 2008, analyzing the Final Environmental Impact Report on both the Helios and Computational Research and Theory Building specifically evaluating changes to the projects in response to the city’s original concerns and comments.

Financial Implications:  None

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

Information Reports

40.  Enforcement of BMC Chapter 13.28 With Respect to Military Recruiting Offices in Berkeley (PDF)

From: City Manager

Contact: Zach Cowan, City Attorney, 981-6950

41. Accounts Payable Audit - Status Report (PDF)

From:  City Manager

Contact: Robert Hicks, Finance, 981-7300

42. Audit: Police Asset Forfeiture Deposit Accounts (PDF)

From:  City Manager

Contact: Robert Hicks, Finance, 981-7300

43. Customer Service Cash Receipts/Cash Handling Audit - Status Report (PDF)

From: City Manager

Contact:  Robert Hicks, Finance, 981-7300

44. Status Report - Follow-up Cash Receipts/Cash Handling Audit (PDF)

From: City Manager

Contact:  Robert Hicks, Finance, 981-7300

45.  Treasury Cash Receipts/Cash Handling Audit - Status Report (PDF)

From: City Manager

Contact:  Robert Hicks, Finance, 981-7300

46. Unrepresented Temporary Employees (PDF)

From:  City Manager

Contact: David Hodgkins, Human Resources, 981-6800

47.  Update and Summary of the Oxford Plaza and David Brower Center Project (PDF)

From: City Manager

Contact: Jane Micallef, Housing, 981-5400

48. LPC NOD: 1920 Tenth Street (PDF)

From: City Manager

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

49.  Mental Health Commission Annual Report 2007 (PDF)

From: Mental Health Commission

Carol Patterson Commission Secretary, 981-5100

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

West Branch – 1125 University

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.

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 May 1, 2008 

 Deanna Despain, Deputy City Clerk

Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 26: Council Workshop on the City’s Undergrounding Policy

1.      Mary Alyce Pearson

Item 34: Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election, Amend Contract – David Binder

2.      Berkeley Aquatics for All

3.      Stephen Swanson

4.      Steve & Amy Abern

5.      Kristine Steensma

6.      Doug Daniels

7.      Faith Gardner

8.      Andrew Prout

9.      Marie Bowman, on behalf of Berkeley Alliance of Neighborhood Associations

Sunshine Ordinance

10. Dean Metzger

Climate Action Plan

11. Hank Resnik

Operating Standards Ordinance for All Alcohol Outlets

12. Natalie Kniess, on behalf of Berkeley Restaurant Action Committee (BRAC)

1600 University Avenue Graffiti

13. Nick Pappas

Potential Ferry Terminal

14. Water Transit Authority

Labor Contracts

15. Barbara Gilbert

Taxation of Commercial/Industrial Properties

16. Barbara Gilbert

Checkmate Pesticide Litigation

17. Andrew Shalaby

Marine Recruiting Office

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