Regular Meeting Annotated Agenda
May 6,
 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 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

Preliminary Matters

Roll Call:  7:05 p.m.  All present.

Ceremonial Matters:

  1. Nicole Mann,
  2. 100 Black Men of the Bay Area – Youth Movement, Affordable Housing,
  3. Celestine Langston – 100th Birthday

City Manager Comments:

Public Comment on Non-Agenda Matters: 5

Public Comment on Consent Calendar and Information Items Only: 6

Consent Calendar

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

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
Action:  Adopted second reading of Ordinance No. 7,027–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,028–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,029–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,030–N.S.
 
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
Action:  Adopted second reading of Ordinance No. 7,031–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,032–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,033–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,034–N.S.

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
Action:  Adopted second reading of Ordinance No. 7,035–N.S.

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
Action:  Moved to Action Calendar.  M/S/C (Wozniak/Spring) to adopt Resolution No. 64,042–N.S. including reference to posting certain information to the web.

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

Action:  Moved to Action Calendar.  M/S/C (Spring/Anderson) to adopt Resolution No. 64,043–N.S. as amended to read: TITLE: RESCINDING RESOLUTION NO. 63,531 PURSUANT TO COURT ORDER.  Resolution to read as follows: WHEREAS, on December 12, 2006, the Council adopted Resolution No. 63,531–N.S., “Establishing Performance Standards For Use Of Cultural Space At Gaia Building, 2120 Allston Way”; and WHEREAS, on March 11, 2008, the Alameda County Superior Court issued a writ of mandate ordering the City Council to rescind Resolution No. 63,531–N.S.; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley as follows: Resolution No. 63,531–N.S. is hereby rescinded.  Vote: Ayes – Moore, Anderson, Spring, Worthington, Bates;  Noes – Olds, Wozniak;  Recused – Maio; Absent – Capitelli.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,044–N.S.

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
Action:  Adopted Resolution No. 64,045–N.S.
 
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
Action:  Adopted Resolution No. 64,046–N.S.

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
Action:  Adopted Resolution No. 64,047–N.S.

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
Action:  Adopted Resolution No. 64,048–N.S.

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
Action:  Adopted Resolution No. 64,049–N.S.

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
Action:  Adopted Resolution No. 64,050–N.S. Noes – Spring

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
Action:  Adopted Resolution No. 64,051–N.S.

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
Action:  Adopted Resolution No. 64,052–N.S.

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
Action:  Adopted Resolution No. 64,053–N.S.

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
Action:  Adopted Resolution No. 64,054–N.S.

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
Action:  Approved recommendation.

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
Action:  Continued to May 20, 2008.

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
Action:  Approved recommendation.

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, co-sponsor 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
Action:  Approved recommendation.

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
Action:  Approved recommendation.

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
Action:  Approved recommendation.

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:  Approved recommendation.

Action Calendar – Public Hearing

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
Public Testimony: The Mayor opened the public hearing. 2 speakers.  M/S/C (Maio/ Moore) to close the public hearing.

Action: M/S/C (Maio/Worthington) to adopt first reading of Ordinance No. 7,037–N.S.  Second reading scheduled for May 20, 2008. Absent – Capitelli

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
Action: M/S/C (Maio/Worthington) to adopt Resolution No. 64,055–N.S. Absent – Capitelli

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

Action: M/S/C (Worthington/Moore) to adopt:

a.      Resolution No. 64,056–N.S. as amended to remove reference to certification by the Federal government.

b.      First reading of Ordinance No. 7,038–N.S.  Second reading scheduled for May 20, 2008.

Noes – Olds, Wozniak.  Absent – Capitelli.

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) 

Supplemental Material (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

Action: M/S/C (Moore/Worthington) to approve the City Manager’s recommendation to return to Council on May 20th to consider:

a) a Gann Limit Override ballot measure for Parks, Library, Emergency Medical Services and Emergency Services for Severely Disabled Persons; and

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.  Staff to return with further information on May 20, 2008; and

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; and

direction on the preparation of City initiated revenue ballot measures to be submitted to the voters at the November 4, 2008 municipal election.

Adopted Resolution No. 64,057–N.S. authorizing 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.

b) 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 (no action taken).

c) Adopted Resolution No. 64,058–N.S. 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.

Absent – Capitelli.

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

Action: Moved to Consent Calendar.  Adopted two Resolutions:

Resolution No. 64,059–N.S. authorizing the City Manager to execute a contract with Stockton Recycling Company, Inc. (Stockton) to sort construction and demolition waste for an amount not to exceed $388,387 in FY 2008 and a total contract amount not to exceed $5,750,977; for the term of May 7, 2008 to June 30, 2011.

Resolution No. 64,060–N.S. authorizing the City Manager to execute a contract with Waste Management (WM) to sort construction and demolition waste for an amount not to exceed $159,772 in FY 2008 and a total contract amount not to exceed $2,460,772, for the term of May 7, 2008 to June 30, 2011.

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
Action: M/S/C (Olds/Anderson) to adopt Resolution No. 64,061–N.S. as amended. Whereas clause 4 to read as follows: WHEREAS, the Global Marshall Plan for Universal Well-Being, Security, and Environmental Survival will call for Dedication of least 1% of the gross domestic product of the G-8 nations. Noes – Bates, Wozniak.  Absent – Capitelli

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: M/S/C (Moore/Wozniak) to approve Councilmember Wozniak’s amended recommendation to refer to the City Manager a request to develop an analysis of impacts and associated information for a possible ballot measure for the November 2008 election. Absent – Capitelli.

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: M/S/C (Worthington/Spring) to approve the City Manager’s recommendation to approve a pilot program of enforced overnight-restricted parking on Shattuck Avenue. Noes – Wozniak.  Absent – Capitelli.

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
Action: M/S/C (Capitelli/Olds) to continue to a special meeting on May 12th at 7:00 p.m.  Location to be determined.

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
Action:  Received and filed.

41. Accounts Payable Audit - Status Report (PDF) 
From:  City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

42. Audit: Police Asset Forfeiture Deposit Accounts (PDF)
From:  City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

43. Customer Service Cash Receipts/Cash Handling Audit - Status Report (PDF)
From: City Manager
Contact:  Robert Hicks, Finance, 981-7300
Action:  Received and filed.

44. Status Report - Follow-up Cash Receipts/Cash Handling Audit (PDF)
From: City Manager
Contact:  Robert Hicks, Finance, 981-7300
Action:  Received and filed.

45. Treasury Cash Receipts/Cash Handling Audit - Status Report (PDF)
From: City Manager
Contact:  Robert Hicks, Finance, 981-7300
Action:  Received and filed.

46. Unrepresented Temporary Employees (PDF)
From:  City Manager 
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

47. Update and Summary of the Oxford Plaza and David Brower Center Project (PDF)
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.

48. LPC NOD: 1920 Tenth Street (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

49. Mental Health Commission Annual Report 2007 (PDF) 
From: Mental Health Commission
Contact: Carol Patterson Commission Secretary, 981-5100
Action:  Received and filed

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

Adjournment – 11:08 p.m.

Communications – 05/06/08 (PDF)

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) – Referred to City Manager by Councilmember Anderson.

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
Supplemental Communications and Reports 1 (PDF)

Item 33: Instant Runoff Voting
18. Sharon Hudson

Item 39: Final EIR Certification - Helios and Computational Research and Theory Buildings
19. Kent Lewandowski, Sierra Club, Northern Alameda County Group
20. Daniella Thompson
21. Jane & Tom Kelly

Supplemental Communications and Reports 2 (PDF)

Item 11: Gaia Arts Center: Rescinding Resolution No. 63,531–N.S.
22. Patti Dacey

Item 32: Revised Light Brown Apple Moth Resolution
23. Zelda Lackner

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

  • Supplemental material, submitted by City Manager (see agenda item)

24. Len Conly and Hank Resnik, Friends of BRT
25. Unknown

Item 35: Contracts: Stockton Recycling Inc. and Alternate Vendor for C&D Processing

  • To Be Delivered Report, submitted by Public Works (see agenda item)

Item 39: Final EIR Certification - Helios and Computational Research and Theory Buildings
26. Lawrence Berkeley National Laboratory
27. Juliet Lamont

The Future of Industrial Lands in the Bay Area
28. Unknown